UK Patent Registration – Any company that owns a patent and intends to expand its business in the UK market, and create lasting value and find investors for its patents they or their patent licensors in the future should use the UK patent system. It is paramount for businesses to file a UK patent application for inventions, even if the launch of the respective product in the UK market has not yet taken place.
Deadline for filing a patent application in the UK
A patent application claiming normal priority must be filed within twelve months of the priority date. This deadline may be reinstated for two months after its expiration, provided that the failure to apply on time was not intentional by the applicant.
UK patent application requirements
The official language of patent applications in the UK is English or Welsh. If the patent application is filed in any other language, the Controller shall notify the applicant that a translation into one of the official languages must be filed within two months from the date of notification.
The following information and documents need to be provided in the UK patent application:
- name, contact information, and address of the patent applicant and agent;
- patent claims;
- Invention description, drawings;
- application fee.
If priority is requested, a certified copy of the priority document must be filed within 16 months of the priority date. If the preferred document is drawn up in a language other than English or Welsh, the Editor may notify the applicant to provide a translation within a specified period.
Currently, UK law does not require a Power of Attorney when filing a patent application.
If the applicant is not the inventor, a statement of patent rights (Deed of Assignment) must be provided within 16 months of the filing date, or from the priority date if it is requested.
Examination of patent applications in the UK
Patent applications in the UK will have to go through a process of form and substance. The request for substantive examination, as well as the payment of the corresponding fee, must be filed within six months of publication of the patent application. An expedited examination can be requested under the Patent Rapid Examination Program (PPH).
Patent validity and renewal
Patents in the UK are valid for twenty years from the date of application. The annual maintenance fee for the first UK patents will be due on the filing date in the 4th year of the validity period. The annual maintenance fee should be paid within three months before or one month after the due date to avoid late fees. Late payment after the allotted period of six months is possible by paying a corresponding surcharge.
The time frame of the patent application procedure
The average time to process a patent application in the UK is 30 months.
Represented by a patent attorney
International applicants must conduct a UK patent search through a law firm, or an experienced patent attorney.