What is a patent? A patent is a typical application that consists of a request for the grant of a patent, a specification of the invention (containing claims and drawings) an abstract with a summary.
It is very much possible for anyone can apply and file for a patent on their own, however, it contains legal documentation while filing a patent and it can be complex sometimes so it is mostly advised to have advised seeking help from specialized advisors or if possible find a patent attorney or trademark they are most like to help you with where to file a patent, how to file a patent and all that you can do and keep in mind while filing a patent.
How To Apply For A Patent In The UK?
Before starting any work, one has to do research and know what they are entering into or the work they will do. It gives the person a clear mind of what he/ she wants. So here also, before applying for a new patent, you should do the research work first so that you know what will be the next step and if any mishappen happens what you are supposed to do while filling a patent and easily tackle the problem without facing any problems, and also make sure that you can protect your invention without infringing on any earlier rights.
On Doing Some Research Work You Will Find The Following:
- Firstly, prepare your patent application
- Secondly, file your application with the UK Intelligence Property Office (IPO)
- Thirdly, you are to request a search from the IPO, just after 12 months of your filing date
- Lastly, you will receive your search report
By this point and stage, you should have decided whether or not you want to continue with your application or leave it. Following are a few steps you will likely be seeing:
- Your application will be published 18 months after you have filed it
- You are required and must ask for a substantive examination only 6 months later after publication
- You are required and have to respond to comments from the IPO’s substantive examination
- In the end, it is up to the IPO to grant or refuse your application
Remember to not make your invention public before you apply and the work is done, if you do so you will not be able to patent it. Soon after the IPO publishes your application you can disclose the invention of your patent but then you will have to show your ‘patent pending’ document.
How To Prepare A Patent Application?
Mostly if you choose to work with a patent attorney or an IP advisor, you are most likely to get through the application process with them helping you to file a patent. However, if you chose to work on your own you you will have to prepare a few things beforehand:
- A well-written description: a well-written description before you file a patent is required to explain your intentions in detail allowing others to see how the application works and how it could be made.
- Drawings: you are required to prepare a drawing to illustrate your description to clarify the nature of the intention of your invention in a patent.
- Claims: you are also required to define the scope of the invention of a patent and set out its distinctive technical features
- An abstract: an abstract is a must to summarize the important technical aspects of your intentions.
Once you have prepared our patent application, you need to file the request for a patent grant with the IPO. You can do so by applying it online and even by post.
How Much Does It Cost To File A Patent In The UK?
In the time of the internet, one can do anything and so you can also file your application online along with offline. The UK IPO has both services available.
The cost of the UK patent application differs for online and offline applications along with when you want to make the payment while filing a patent, it is when you are applying for the application or later after some time. You can also get your application processed quickly if you file for a search and examination request for your patent. You can do so both online and offline, the cost of the application differs.
On one hand, if you are willing to pay your application fee online with your application you are required to pay an amount of £60 and you pay for the application later after some time it will cost you around £75 to file a patent. On the other hand, if you are applying for the application via post then the amount fee you will have to pay is £90 when you are making a payment along with the application but if you are paying it later then it will cost you about £112.50 when filing a patent.
Also, if you choose to work with a professional patent advisor or with an attorney the overall cost will you around £4,000, the process of your application being approved can take approximately four to five years from getting a patent. And, if you opt for other options and services like search and substantive examination online application will cost you £150 with £20 for each claim over 25 claims and £180 with £20 for each claim over 25 claims while applying it by post.
Similarly, a substantive examination will cost you £100 along with £10 for each page of description over 35 pages while applying online and £130 with £10 for each page of description over 35 pages on offline application.
How To Maintain A Patent?
To maintain a patent you need to renew your patent on the fourth anniversary since your application has been granted and every year after that. You can also cover the cost of defending your patent against any infringement.
How To Deal With Patent Infringement?
The patent holder is accountable and responsible for identifying cases of any infringement or enforcing their right and looking after the patent. You are required to keep a close watch on the market if you want to compete with other products and services or if there is any unlawful use of your patent invention. A patent infringement takes place when a third party uses the product or service sells them and manufacturing or importing without the permission of the patent holder.
Many of these infringements are sometimes intentional and you can resolve such infringements by sending a cease-and-desist letter to the infringing party or even negotiating a licensing agreement. If you are unable to settle the problem with the above tow mention tactics you can go for the mediation where the IPO offers IP mediation services. Secondly, visit the patent opinion service where the IPO can issue an impartial opinion on the validity or infringement of patents.
So, in conclusion, I would say coming up with an idea is an easy joy but to maintain and take it to the top of the mountain takes courage, patients, dedication, and commitment which not everyone can have. At the end of this article ending you, we have learned how you can file a patent in the UK, the process of filing a patent online and offline via post, how much a patent costs in the UK, and how you can protect a patent from infringements.