patent application

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How to submit a patent application to the UK Patent Office

The basic requirement for any successful patent application is that the idea is original. A large percentage of applications fail to be granted because the idea proves not to be new. Therefore it would be prudent to complete a worldwide search to see if the idea has already been patented before filing a patent application.

More information can be found here: worldwide patent search

Patent Office forms and fees

At the time of writing, the main forms and fees for processing a patent application with the UK patent office were:

Most successful patent applications have detailed descriptions in the specification that are several pages long describe different versions of the invention and refer to a set of drawings showing these other versions. The exact style and content varies according to the subject matter.

The steps involved in the patent process:

Step 1: Prepare a 'patent specification' which includes:

Step 2: Fill in and file form 1 'Request for grant of a patent' with the patent office, together with one copy of the patent specification.

Step 3: A filing receipt is issued from the patent office which includes an application number and confirms the 'filing date' of the application.

Step 4: Fill in and file form 9A with the patent office, together with the appropriate fees. This needs to be done by a given date, usually within 12 months of the filing date, to avoid the application being terminated. The application fee also needs to be paid at this point. If the application includes a declaration of priority, the deadline for filing form 9A is 2 months from the filing date or 12 months from the priority date, whichever is later.

Step 5: A preliminary examination is carried out by the patent office to make sure the application meets certain formal requirements. They also search through published patents and other documents for material against which the invention is assessed to ensure it is new and inventive. The search report is issued within four months of the patent office receiving the form 9A.

Step 6: The patent application is published shortly after 18 months from the filing date (or priority date if there is one), as long as the formal requirements have been met, filed form 9A together with the appropriate fees and the patent application has not been withdrawn.

Step 7: Fill in and file form 10, together with the appropriate fee, asking for 'a substantive examination' no later than six months after publication.

Step 8: The application is examined, and the inventor is notified of anything that needs to be amended. If the application meets all the requirements of the Patents Act 1977, a patent is granted, and published in its final form and a certificate is sent out.

Innovate have sourced CIPA registered patent agents who specialise in helping inventors with their patent applications and who offer preferential rates. To get in touch with Innovate call: 020 7354 5640 or request a free patent info pack.

To find out more about the UK Patent Office click here: UK Patent Office

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Copyright: Innovate Design - May 08: 'Patent Application: How to file a patent application.'