UK Patenting

The UK is an attractive jurisdiction for innovators and businesses with enormous investment opportunities. Of course, UK patenting is one of the priority services of our company.

There are several ways to obtain a patent for an invention in the UK:

1. Filing a patent application directly with the national UK patent office – IPO UK.
2. Under the European patent, where the UK is the main country covered by the European patent.
3. Based on the Paris Convention with a request for convention priority within 12 months from the date of filing of the previous application in another participating country.
4. Entry into the national phase on the basis of an international PCT application within 31 months from the priority date.

The choice of patenting method in Britain depends on the goals and objectives of the business or inventor and is selected individually in each case. To decide, please consult our UK patent attorney.

UK patenting features

The British patent system ensures that copyright rights and interests are protected.

Local features:

• Utility models are not protected by law;
• The procedure will take about 5 years from the date of application;
• Office work and correspondence with the patent office is in English only;
• The cost will depend on the number of independent claims;
• Non-residents must be represented by a UK licensed solicitor;
• An application and a text part are submitted (description, formula, abstract; if available, drawings);
• The validity period of a patent for an invention in the UK is 20 years from the date of filing the application;
• There are annual fees for maintaining a title of protection. The first is due 4 years after the date of application. And if the document is issued later than this period – within 3 months after issue.

The registration will be handled by a UK patent lawyer from the representative office of our UK office. They operate in accordance with local legislation, which provides for many subtleties regarding deadlines and other points. They prepare documents in English, including developing in detail the formula, which provides evidence of patentability. Then they conduct the case, correspond with the office, and comply with the deadlines for paying all fees.

Obtaining a patent for an invention in the UK

The patenting process is regulated by UK patent law: The Patents Act 1977. As in many other countries, the procedure for obtaining a patent begins with the formation and filing of an application for inventions and payment of a fee.

Before you begin writing a patent application, you must conduct a UK patent search. This will help avoid the risk of not receiving a patent. Our attorneys conduct high-quality patent research. They provide all sorts of relevant patents that meet the search object and make recommendations on changing the subject matter of the patent in order to guarantee obtaining a patent.

Examination of a patent application

After setting the date for filing the UK patent application, the department begins to conduct an examination. This procedure consists of two stages – preliminary examination and substantive examination.

At the first stage, the office determines the compliance of the filed patent documents with formal characteristics and confirms payment of the application filing fee. At the end he writes a report.

The substantive examination begins with a patent search, which must be requested within 12 months from the filing date of the national application or the priority date in the case of conventional priority. This procedure lasts on average 6 months. If relevant patents are not found within 18 months from the date of filing the application, publication is carried out in the official gazette. The publication deadline can be accelerated by paying an additional fee.

Within 6 months after publication of the application, it is necessary to request and pay the appropriate substantive examination fee. At this stage, the department’s expert examines the application materials for patentability criteria – novelty, inventive step, industrial suitability. In case of compliance, a positive examination decision is issued, a patent for the invention is published and issued. The UK Patent Office does not charge a patent fee.

UK patenting cost

The cost of patenting an invention in the UK consists of the patent attorney’s fee and official fees from the UK Patent Office.

Office fees directly depend on the chosen patenting method. Thus, the application fee is 75 GBP. Search request 150 GBP + 20 GBP for each independent claim over 25. Request for substantive examination 150 GBP. The fee for extending the validity of a patent is carried out once every 4 years and ranges from 70-610 GBP.

For a detailed calculation of the cost of patenting an invention in the UK, please contact us in a convenient way for you located on our website.

Conditions for obtaining a patent in the UK

In British jurisdiction, not all objects are subject to patenting. The agency categorically refuses applications that describe the operating principles of computer programs and business processes.

This is due to the large number of patent applications of this kind and the impossibility of further proving their protection in court due to the absence of the main criterion of patentability – a technical result, i.e. industrial suitability of the subject of patenting.

Our UK patent attorney takes into account the peculiarities of the examination by the office when drawing up patent application materials. Many years of experience and knowledge allow us to bypass formulations that may result in refusal. To start working with us, write to us in WhatsApp or e-mail: info@sion-ip.com.