What is the Patent process?

The process and timelines for patent applications vary from country to country, but if you’re asking yourself “what is the patent process?” specific to here in the UK – keep reading for our concise summary of the steps and the actions within each stage.

Stage 1 – Invention

The first stage in the patent process takes place before you’ve even considered submitting a patent application – it’s the creation of your new innovation. Engaging a Patent Attorney at this stage will not only help you identify patentable subject matter within your development, but it can also be beneficial in helping you generate good supporting evidence while you develop your product – potentially saving you time and money in the long run.

Stage 2 – Initial search

So, you’ve identified and developed a product which you’d like to protect.  To be  a “patentable invention” – an innovation  must be new and not an obvious modification of existing technology, but how do you know if this is the case?

You can save time and money by conducting a search of the common general  knowledge in your industry, before preparing your application.  Not only can this save you the cost of preparing and filing and application, if your product is not new, it can often help preparation of your application and help you focus your application on the most patentable parts of your innovation.

Stage 3 – Drafting a patent application

When you initially researched, “what is the patent process?” you weren’t quite aware how many preparatory stages there were, but with these parts now complete, it’s time to start drafting the application.

This isn’t a simple task and will benefit significantly from the expertise and support of a qualified Patent Attorney. A well drafted application will contain a specification which clearly outlines the new and inventive features of your innovation. It will also clearly distinguish your invention from existing technology and the existing general knowledge within the industry. This is an important part of the process and one that can be time-consuming, so take your time to ensure that your application and specification are concise and high-quality.

Stage 4 – Filing your application

If you are a UK resident or your business is based here in the UK, it’s often most efficient to first file an application with the UK Intellectual Property Office.

Usefully, a UK application can be used as a basis for filing corresponding applications in other countries around the world, provided you do so within a 12 month period from your UK filing date. There are similar benefits and efficiencies for UK residents and businesses who want to file their first application with the European Patent Office.

Stage 5 – The search

Once you have filed your application the  Patent Office will carry out a search of all publications that pre-date your filing date that might be relevant to the novelty or inventive step of your claimed invention. The output of this search will come as a report, highlighting any relevant prior publications, and you’ll usually receive this within six months of filing.

This report will give you a good indication of whether your application is likely to be granted. At this point, we’d recommend you work with your Patent Attorney to carry out an assessment of whether or not to proceed further with the application, whether or not any amendments are required and whether or not you’d like to file corresponding applications in other countries.

Stage 6 – Priority filings

If you’ve decided to submit filings for other territories, now is the time to do so as they have to be submitted within 12 months of the first filing date. You can still make applications for other territories after this 12 month period, but they  must be filed before publication of the application or invention (including your public disclosures of your invention) and an application filed outside the priority period will not benefit from being backdated to the first filing date.

Stage 7 – Publication

Usually happening around 18 months after the first filing date, “publication” makes the details of your submission available to the public.

Stage 8 – Substantive examination

Perhaps the most intricate part of the process, your application will be appointed to a Patent Office Examiner who will compare the claimed invention to prior disclosures that were identified during the search phase. The aim of this part of the process is to determine whether or not the application meets the requirements for patentability.

If the examiner has objections, they will issue an “Examination Report”. You will then have your opportunity to respond to this with arguments or amendments to your initial application. It is fairly usual for this process to take time, with various back and forth retorts to ensure the product is indeed patentable.

Stage 9 – Grant or refusal

The stage that all those applying for patents hope to get to – after substantive examination you will eventually receive a verdict on your application.

If the examiner has no objections, or all raised objections have been overcome by the applicant, the application will proceed to grant. Once granted, your application will be published in its final form and you’ll receive a certificate.

If the applicant cannot address the examiner’s objections, then the application is likely to be refused.

Stage 10 – Maintaining your patent

Once granted, Renewal Fees are due for your patent, usually on an annual basis. In the UK, you don’t pay any fees until after the patent is granted but this isn’t the same in other countries. In some countries, fees are payable while the application is pending. A standard patent can last for up to 20 years from filing, provided the renewal fees are paid annually.