Making a Patent Application |
| Filing date (Priority date) | File application and description |
| 1-12 months | File claims and pay search fee. Search report produced in approx. 3 months |
| 1-12 months | Make foreign applications e.g. European, US, designate countries under PCT application |
| Approx. 18 months | Application published in full by Patent Office |
| Approx. 2 years | Request full examination and pay fee |
| Approx. 3 years | Receive and study Examiner's report |
| 3-4 years | Patent granted/refused (maximum time allowed 4.5 years or 12 months from first examination report) |
| 5-20 years | Annual incremental fees payable at beginning of each year after filing date |
Before filing a patent application, it is likely that a patent agent will have conducted a search of existing databases to determine whether the invention has already been patented or if there is any prior art relating to the invention. Assuming that there is no reason to stop the process at this stage, the patent agent will, if instructed, file an application with the UK Patent Office. The application should be a full disclosure of the invention with everything needed to carry out the invention, no extra material will be allowed to be added at a later date. The filing date is the date from which prior art is judged and becomes the priority date. During the next 12 months there is time to decide what to do next e.g. explore the commercial value, seek financial help, develop the invention further without losing priority right (exemplification) or withdraw the application without disadvantage. During this time the search fee and claims defining the invention must be filed. Ideally this will be done at the time of filing to allow time after the search report is complete for decisions about the future of the application to be made. At the end of the 12 month period, if no further steps are taken, the patent application will die and a fresh application with a new filing date will have to be made if required.
Once the patent application is filed and the search fee and claims have been filed, a search of previously published documents is carried out by the patent office to check that the invention is new and non-obvious. A search report will be produced in about 3 months listing any appropriate documents and the applicant can make amendments to the description and claims.
If modifications or improvements are made to the invention during the first 12 months they cannot be added to the patent application. However, the original application can be withdrawn and a new application made using the first application to establish a priority date for anything in it, which is put in the new one. Priority can only be claimed if the new application is made within the 12 month period.
The patent application, together with any amendments which have been made, will be published in full about 18 months after filing. All rights to protection are lost if the application is withdrawn at this stage. The examination fee must be paid within 6 months of publication or the patent application will die.
The examination is an in depth investigation of the patent specification by a Patent Office Examiner to see whether it meets the legal and formal requirements and is technically sound. In particular, further attention will be made to any documents found by the search that show the invention is not new or is obvious. A report of the Examiners findings will be sent out about 18 months after publication. In the event of objections from the patent office, the applicant must overcome these objections and negotiate and agree the claims until the Examiner is satisfied that the specification meets all the requirements.
A patent is usually granted 3-4 years after filing. The maximum time allowed is 4.5 years from filing or 12 months from the first exam report, whichever is later. Requesting the search and examination reports together can speed up the process. The combined fees must be paid within the first 12 months and the patent can be granted 3 months after publication. However this route is not advised if it is likely that the application will need to be withdrawn and resubmitted at a later date, as publication will be considered as prior art.
In order to keep a granted patent active, fees are payable from the beginning of the 5th year after filing on an annual basis. The maximum life of a patent is usually 20 years. The patent agent costs will also be substantial so it is important to consider the financial situation before filing a patent application.
Patent Costs |
| UK Patent | | |
| 1-12 months | Preliminary Exam & Search | £130 |
| 18-24 months | Full Examination Fee | £70 |
| 5-20 years | Annual renewal fees, sliding scale | £50-£400 |
| | Patent Agent Costs | additional |
| | | |
| European Patent (EPC) | Filing to Grant, 10 countries | £3000 |
| | | |
| International Patent (PCT) | International Phase, 10 countries | £2000 |
| | Further international and national exam and grant fees | additional |