WHAT IS PATENTS AND HOW IMPORTANT IS PATENT IN UK?
A patent is an official right that gives creators or inventors the sole right to use their creation. It acts as a safeguard, keeping others from making, selling, or utilising the innovation without the creator’s consent. By giving them all the rights for a predetermined amount of time, patents encourage innovators to share their innovations with the public. For up to 20 years after the date of filing, the owner of a UK patent, which is awarded by the UK Intellectual Property Office (UKIPO), is entitled to pursue legal action against unauthorised use of their innovation. However, since the owner must make sure they do not violate any preexisting rights, a patent does not immediately grant the right to utilise the invention. The procedure of obtaining a patent involves submitting an application to the UKIPO, and if it is found to be patentable, the patent will be awarded. This process may be expedited, although it can take up to four and a half years. Although using an idea does not require a patent, it might be challenging to stop others from duplicating it without one. In this Article we learn about how to file patent application in United kingdom.
REQUIREMENT OF PATENT FILING IN UK.
English or Welsh is the official language of the UK patent application. The Controller of Patents will inform the applicant that a translation into one of the recognised languages must be uploaded within two months of the notification date if the patent application is filed in any other foreign language.
A demand for a patent must be included in order to determine the date of filing a patent application in the UK. First, include the applicant’s contact information something that seems to be a description or reference to a previous application then evidence that the associated fees have been paid. Within sixteen months of the earliest priority date, a certified copy of the Priority Document must be filed if the priority is claimed. The applicant may be notified by the the Controller to provide the transformation within a given time frame if the priority document is not in English or Welsh. At the moment, filing a patent application does not necessitate a Power of Attorney, according to UK law. The statement of the invention, if the applicant is not a creator, must be submitted within 16 months of the filing date or, if it is claimed, the priority date.
FILING ON SEARCH REQUEST
After submitting an application, the subsequent phase in the process involves filing a search request. This request can be submitted simultaneously with the application. However, applicants have the option to postpone the search request for up to 12 months following the application submission (or a maximum of one year from the earliest application’s filing date from which priority is claimed, if applicable). Additionally, to expedite the examination process, applicants can opt for a “combined search and examination,” which is elaborated on in a later section. Approximately half a year after submitting a search application, the Patent Office will produce a search report. This document enumerates any materials the Patent Office deems relevant to the invention’s patentability. The report serves as a tool to evaluate whether an invention qualifies for a patent, specifically if it is novel and not readily apparent based on all previously disclosed information worldwide.
DECLARATION OF OWNERSHIP
If each inventor is not also an applicant in their individual capacity, it is required to submit an inventorship declaration within 16 months of the application’s filing date (or no later than 16 months from the earlier application’s filing date from which priority is claimed, if applicable). This declaration identifies the inventors and provides concise information about how the applicant(s) obtain rights from the inventor(s), such as through an employment agreement.
PUBLICATION OF APPLICATION
In accordance with section 22, The patents Act, 1977, below and any prescribed limitations, when an application receives a filing date, the comptroller shall, as promptly as feasible after the conclusion of the prescribed period, publish the application as submitted (including not only the initial claims but also any modifications to those claims and new claims existing immediately prior to the completion of the publication preparations), unless the application is withdrawn or denied before the Patent Office completes its publication preparations. The comptroller may, at the applicant’s request, publish it as aforementioned during that period, and in either case, shall announce the fact and date of its publication in the journal.
(2) The comptroller may exclude from the specification of a published patent application any content that:(a) in his judgment, disparages an individual in a manner likely to cause harm, or (b) in his opinion, would generally be expected to have its publication or exploitation.
EXAMINATION OF PATENTS
When a patent filing has passed a examination, has not been withdrawn, and the applicant has filed a request and paid the search fee within the allotted time, the comptroller makes reference it to an examiner, starting the search process. Additionally, a description of the creation and at least one claim in the necessary language must be included in the application. In order to ascertain whether the invention is novel and incorporates an inventive step, the examiner searches for relevant documents. The examiner will notify the comptroller and the applicant if they feel that a search would not be beneficial. Except if the applicant needs to pay advanced search fees, the examiner will only originally search the first invention if the application contains multiple unrelated inventions. A supplemental search could be ordered at any time by the comptroller, especially if the application is changed or corrected. Unless otherwise instructed, a fee might be needed for this. After the search is finished, the applicant must request and pay the necessary fee for a substantive examination. The application will be deemed withdrawn if this is not completed within the allotted time. The substantive examination might be postponed until the fee is paid if a supplemental search is required.
NOTIFICATION OF GRANT & RENEWABLE FEES.
The initial public offering (IPO) notifies the applicant that the patent will be granted after a certain date if the application is found to be eligible. Although the applicant can ask for an instant grant, this gives time for voluntary changes or the submission of a divisional application if necessary. Following completion, the patent is formally granted by the IPO through a notification of grant, which is subsequently published in the Patents Journal and accompanied by a certificate. Renewal fees, which increase annually, must be paid starting on the fourth anniversary of the filing date in order to maintain the patent’s validity. There is a six-month grace period during which a renewal fee can be paid with an increasing surcharge if it is not paid on time. A few renewal fees might be required soon after the grant if the application process takes four years or longer.
Author: Harshika Hazarika, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.
REFERENCES
- THE PATENTS ACT 1977, https://assets.publishing.service.gov.uk, (Last visited 1st March 2025).
- HINDLES, https://www.hindles.co.uk, (Last visited 1st March 2025).
- IP Coster, https://www.ip-coster.com, (Last visited 1st March 2025).