Patent registration in the United Kingdom

Patent registration in the UK has steadily increased in recent years under statistic of the UKIPO, which indicates a growing interest and commercialisation of patent registration here. The majority of patent applications in the UK come from domestic companies and individuals. However, there is also a significant proportion of applications from other countries, especially the US, Germany, France and Japan. The UK has many outstanding specific industries to apply for patents such as information technology, pharmaceuticals … The UK has a thriving pharmaceutical industry and is one of the world’s leading biotechnology research and development centres. The UK is a major information and communication technology centre, with many of the world’s leading technology companies based here. He also has a long tradition in the field of electronic engineering and is the birthplace of many important patents in this field. The British mechanical engineering industry is large and diverse, with many companies specializing in the production of high-quality mechanical products. Therefore, more and more patents are registered in the UK, but many people still do not know the procedure for patent registration in the UK. Viet An Law would like to guide customers preliminarily the procedure for patent registration in the UK through the article below.

Legal basis

• Patent Act of 1977 (Chapter 37, updated August 21, 2022)

Definition of patent in the UK

A patent is a government-granted intellectual property right that allows a patent owner to prevent others from producing, using, selling, or importing a patented patent without permission. To be granted a patent, an patent must meet the following criteria:

• Novelty: The patent must be new and not of “technical level” (existing knowledge or technology).
• Creative step: The patent must not be obvious to a person skilled in the relevant field.
• Industrial Application: The patent must be able to be created or used in any type of industry.

In addition, patents must not fall under any exclusions, such as discoveries, scientific theories, mathematical methods, artistic creations, and computer programs (as such).

UK patent lookup

Online database of the UK Intellectual Property Office (UKIPO)

• Ipsum: This is a free online service provided by UKIPO that allows applicants to search both granted patents and published patent applications. Applicants can search using various criteria such as keywords, applicant name, patent number, and publication date.
• Patent Publication Search: This is another free service of UKIPO that allows applicants to search for published patent applications based on the publication number or applicant’s name.

Espacenet

It is a free online database provided by the European Patent Office (EPO) that allows petitioners to search for patents and patent applications from around the world, including the UK. Applicants can search using a variety of criteria such as keywords, applicant name, inventor name, and classification code.

Other commercial databases

Some commercial databases offer patent search services for the UK, often with additional features such as analysis tools, monitoring legal status and information about patent families such as Derwent Innovation, Questel Orbit, PatBase and PatSeer.

UK patent filing

• The description of the applicant’s patent allows others to clearly understand how it works and how to make it.
• Legal statements stating the specification of the applicant’s patent (which should be protected (known as a ‘claim for protection’)).
• A summary of all important technical aspects of the applicant’s patent (known as a ‘summary’).

Customers can download samples via the link below:

https://www.gov.uk/government/publications/patent-fact-sheets

UK patent registration fee

Patent registration in the UK through the PCT system

What is a PCT system?

The PCT system stands for  Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 countries involved, including the UK.

Benefits of PCT system:

• Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
• Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
• Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
• Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent application through PCT system

To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: Applications can be submitted in Vietnamese or English, however, it is recommended to be submitted in English to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of patent: The description of the patent should present details and clarity about the patent, including:
  • Patent Name Technical field
  • Patent summary
  • Detailed explanation of the patent
  • Drawings (if any)
  • Claims for protection
• Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
• Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT application fee to the International Reception Office (IB).

Patent registration service of Viet An Law Firm

• Perform the search and notify customers in writing the results of patent search in the UK;
• Drafting documents and directly submitting and monitoring the status of patent applications filed in the UK on behalf of the patent owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in the UK;
• Support follow-up, representative to resolve objections and feedback with intellectual property representatives to carry out procedures in the UK.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a patent application in the UK, please contact Viet An Law Firm for the most effective support.