Patent application - An introduction to the Patenting Process
The Basics
The basic requirements for patentability are novelty, inventive step and industrial applicability. A valid patent cannot be obtained for a known product or technique or for an obvious modification, whether the product or technique is known in practice or only advertised or speculated in the literature.
For this reason a patent application must be filed before the details of the invention are disclosed to anyone, unless details are disclosed under strictly confidential conditions.
Modifications to the invention which are developed later should similarly not be disclosed unless details of those modifications are the subject of a patent application. Until this has been done those modifications run the same risks of failing the basic requirements for novelty and inventive step as described above for the original invention.
Assessing novelty and inventive step is not straightforward and you should contact a patent attorney for their advice.
The Application process
A patent application in the UK is filed at the Patent Office and will include a specification being a detailed description of the patent, usually accompanied by drawings.
Within twelve months of the filing of the application, you must submit a set of "claims". The claims define and determine the scope of the monopoly being sought.
At this stage, we also file a request for an official search to be conducted. On the basis of this search, the novelty and inventive step of the subject matter of the invention are assessed and you may need to amend your claims to avoid any prior art revealed.
If all requirements are met, the invention is then officially published for the first time. Within six months of publication, a request for substantive examination of the application must be filed.
The application is examined for substantive issues of novelty, inventive step and industrial applicability and once any objections are overcome, the patent application is granted.
A national Patent in the UK has a maximum duration of twenty years from the filing date, subject to annual renewal fees being paid.
European Patent Application
A European application may be filed initially or within one year of the filing of the UK Application and can claim the priority date established by the initial UK application. A European patent application can designate up to thirty six European countries (as at July 2009). It is dealt with centrally by the European Patent Office in Munich in a similar way to the UK Application process.
Once granted, the patent may be ‘validated' in any or all of the designated countries to which protection is to be extended. Each of the national patents has a maximum duration of twenty years from the date of filing the European patent application subject to payment of annual renewal fees for each individual country.
International (PCT) Patent Application
Usually an International Application established under the Patent Co-operation Treaty (PCT) is filed within the one year priority period, claiming the priority date established by the initial UK application. International patent applications are administered by the World Intellectual Property Organisation (WIPO) and offer a convenient route for extending patent protection to a large number of countries for a further limited period within a single patent application.
The PCT serves only as a central administration centre where certain Patent formalities are completed, in a manner similar to that dealt with by the UK and European Patent Offices, in respect of search and publication.
The final stage is entry into the national / regional phase at which point you decide which countries of the PCT are still of interest and then complete the formalities at the appropriate national/regional offices according to the law applicable to those offices.
The result is a set of national patents for each country chosen, each of which is enforceable and renewable in the same way as a national patent in each of those countries.
Patent Applications in other countries
Individual national applications may also be filed, again within the one-year period claiming the priority date established by the initial application. Each country has its own distinct set of rules and formalities which must be completed on filing the application. It should be noted that translations are usually required at the time of filing, increasing significantly the cost of filing a patent application. We can assist you to file such patents using our global network of local associates.
More information
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