Patent registration in England. England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. England’s economy is one of the largest and most dynamic in the world, with an average GDP per capita of £28,100. Usually regarded as a mixed market economy, it has adopted many free-market principles, yet maintains an advanced social welfare infrastructure. The economy of England is the largest part of the UK’s economy, which has the 18th highest GDP PPP per capita in the world. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in England.
Patent in England
For an invention or idea to be eligible for a patent in England, the claimed invention must satisfy three criteria:
- it must be novel;
- it must involve an inventive step;
- it must have industrial application.
Necessary documents for patent registration in England
The necessary documents for patent registration in England include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
If the applicant wants to claim priority, they need to file the patent application claiming conventional priority within 12 months from the priority date. This term may be extended for 2 additional months provided that the applicant can prove that the failure of submission of necessary documents is unintentional.
The official language of the England patent application is English or Welsh. If the patent application is filed in any other foreign language, the applicant must submit the necessary translation of the documents within 2 months from the date of the notification.
If the applicant is of foreign nationality, it is recommended that they request the assistance of an agent, a registered UK patent attorney.
Novelty grace period of patent registration in England
In England, the novelty grace period is 6 months from the disclosure date. This means that if the invention is disclosed publicly at an officially recognized international exhibition or when such a disclosure was made in bad faith by any third parties and if the applicant files the patent application in England within 6 months from that date, the application will still be considered valid.
The evidence proving the display of the invention must be filed alongside an application.
The procedure of patent registration in England
To obtain a patent in England, the applicant needs to file the patent application to the IP Office of England.
After receiving the patent application, the examiners at the IP Office will conduct a thorough formal and substantive examination to check if the application complies with the requirements of the law and it is patentable.
It should be noted that the request for substantive examination, as well as the payment of the corresponding fee, must be submitted within 6 months from the publication of the patent application.
For patent applications in England, it is possible to request an accelerated examination under PPH.
If there are no issues, the patent will be grant to the applicant.
Validity period in England
The patent in England has a validity period of 20 years from the filing date.
To maintain this validity period, the applicant needs to pay the annuities yearly. The first annuity is due on the 4th anniversary of the filing date, but it is only payable at granting of the patent.
The rest of the annuities should be paid within 3 months before or one month after the due date to avoid late payment fees.
Late payment is possible within a 6 month grace period by paying a corresponding surcharge.
You can see a list of England IP firms here.