You have developed a very unique and original invention and you want to protect it specifically in the UK? What are the steps to follow to do it?
First comes the search…
The concept of uniqueness and originality is extremely important. It is then highly recommended you carry out researches before proceeding to the filing to prove the uniqueness of the invention on the market. This research will save you a lot of money and energy in the case that you are not the first one to come up with this product or process idea.
…then the filing
You shall prepare the application of your patent with care. Indeed, it is primordial to describe your invention very accurately, clearly and specifically in the document called “patent specification”. Hence, the patent should include your claims in the most adequate way i.e. outline the scope of protection that you are expecting, which means what will infringe the patent.
However, the content of the description will vary according to the invention and the market you operate in.
The process turns out to be quite complicated and meticulous. You shall hire a patent attorney to make sure you are following the right path and that you have put every indispensable information. Knowing that once you have filed the application you cannot add any further information.
Therefore, it is vital to combine the legal expertise of the patent attorney and technical skills of the inventor.
Once your application is ready to go, you have to file it at the UK IPO (Intellectual Property Office). This way you will get a number and a filing date.
You can file it online on the following link: http://www.ipo.gov.uk/types/patent/p-os/p-apply-online/p-apply-online-uk-filingsystem.htm
By applying for the patent, you have to pay the application fee.
Examination
Following the submission of your application, research is realized to examine your invention and to check if it meets the legal requirements of the law. This procedure takes around 6 months during which the examiner deems the uniqueness of the invention in question.
As a result of this research, a report and a cover letter will be provided to the applicant to explain the findings.
Then the patent will be published 18 months from the filing date by the UK IPO.
Afterward, following the 6 months of publication, you shall apply for a substantive examination. This stage implies that the examiner determines whether the invention is patentable or not.
If your request doesn’t encounter any objection, then your patent will be granted within 3 months. You will then obtain the right to oppose your patent to anyone who seeks to reproduce your invention. Your patent will, therefore, be valid for 20 years from the filing date.
Otherwise, the examiner will write a report mentioning every objection that arises in the case. You will have 4 months to answer those requests, this way you can protest those objections or accept and then modify your application.
Finally, if you consider international protection of your invention you have to consider within the 12 months of your filing date.
It is a tedious process but one that must be well planned since filing a patent allows you to build valuable financial and legal assets.
We can help you in your protection, monetization and valuation process by introducing appropriate experts to you.
And of course, you can estimate the value of your patent application or patent at any time with IP’Nuts to help you in your negotiations or potential litigations!
You can learn more about this by visiting the following links:
https://www.vault-ip.com/blog/2017/8/27/how-patents-work-the-10-stages-of-getting-a-uk-patent
https://entrepreneurhandbook.co.uk/how-to-nail-a-uk-patent-application/
