Guide for U.K. Patent Application Process

Patent Trademark

UK Profile

The United Kingdom of Great Britain and Northern Ireland, commonly referred to as Great Britain or Britain, is located on the northwestern coast of continental Europe. It shares maritime borders with the Netherlands, France, Belgium, Germany, Denmark, Norway and Ireland. The country includes the Isle of Great Britain, thRead more

UK Profile

The United Kingdom of Great Britain and Northern Ireland, commonly referred to as Great Britain or Britain, is located on the northwestern coast of continental Europe. It shares maritime borders with the Netherlands, France, Belgium, Germany, Denmark, Norway and Ireland. The country includes the Isle of Great Britain, the northeastern part of the island of Ireland and many smaller islands. The UK's form of government is a parliamentary constitutional monarchy whose capital is London. It consists of four Confederacy countries: England, Scotland, Wales and Northern Ireland. The latter three have devolved authorities with varying levels of authority, with capitals in Edinburgh, Cardiff and Belfast respectively.

UK Intellectual Property Legal System

  • "Patent Law"
  • "trademark law"
  • Registered Designs Act
  • Copyright, Designs and Patents Act
  • The Plant Varieties and Seeds Act

International Organization/Agreement

  • Singapore Trademark Law Treaty
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Patent Law Treaty
  • Trademark Law Treaty
  • Patent Cooperation Treaty (PCT)
  • Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
  • "Convention Establishing the World Intellectual Property Organization"
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Paris Convention for the Protection of Industrial Property
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Filing Language
English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

UKPTO

English: Intellectual Property Office, abbreviation: UKIPO

Website: Intellectual Property Office - GOV.UK (www.gov.uk)

UK invention patent search: Intellectual Property Office - Patent document and information service (Ipsum) (ipo.gov.uk)

  • Since June 1978, the UK Patent and Trademark Office has adopted a new recording method, which has been in use until now:
    • [2-digit AD year] + [5-digit year serial number] + [.] + [check code]
      • British patent application publication numbers after June 1978 are serially numbered starting from GB2000001 A, and the number is greater than 200,000; if the number is less than 200,000, it means that it is a patent application publication before June 1978. The document numbers of the published and authorized texts of the same application are the same, but the document codes are different. The first patent application publication is A, and the granted announcement is B.
  • The encoding rules for Supplementary Protection Certificates are:
    • 【SPC】+【/】+【GB】+【2-digit AD year】+【/】+【serial number】
  • British design patents distinguish textiles from non-textiles. Non-textiles use 6-7 serial numbers, while textiles only use 6-digit serial numbers.
  • EP patents that enter into force in the UK from Europe will continue to use the European EP patent document number.

Filing Language: English

via Paris Conventionvia PCT 

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and English Translation
  3. Viability Statement of Microorganism and English Translation
  4. Declaration of Inventorship
  5. Scanned Copy of Certified Priority Document / DAS
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  9. Reference Documents

 

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and English Translation
  6. Viability Statement of Microorganism and English Translation
  7. Declaration of inventorship
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer
  10. Reference Documents

20 years. Pharmaceutical invention patents have supplementary protection certificates (Supplementary protection certificates, SPC), which can extend the protection period for 5 years.

  • via Paris Convention: 12 months from earliest priority date.
  • via Nationalization of PCT: 31 months from earliest priority date.
  • Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.

The UKIPO conducts formality and substantive examinations for Invention patent applications. A request for substantive examination, as well as the payment of the prescribed fee, must be submitted within 6 months from the publication of the patent application. 

A UK patent application may be filed within 6 months after the disclosure at an officially recognised international exhibition or when such a disclosure was made in bad faith by any third party. The evidence substantiating the display of the invention at an exhibition must be filed alongside an application.

2-3 years

  • Grant Fee: None
  • Annuity:  The first annuity is due on the 4th anniversary of the filing date, but it is only payable at granting of the patent. Annual fees should be paid within 3 months before or 1 month after the due date to avoid late payment fees. Overdue payment can be made within the 6-month grace period. Except that no penalty will be charged for the first month, a penalty of GBP 24.00 per month will be paid for the remaining months.

Yes. Patent Office accepts "Unintentional" requests for restoration of the right of priority.

Yes

No

Name of Patent Office

UKPTO

English: Intellectual Property Office, abbreviation: UKIPO

Website: Intellectual Property Office - GOV.UK (www.gov.uk)

UK Design Patent Search: Intellectual Property Office - Patent document and information service (Ipsum) (ipo.gov.uk)

  • Since June 1978, the UK Patent and Trademark Office has adopted a new recording method, which has been in use until now:
    • [2-digit AD year] + [5-digit year serial number] + [.] + [check code]
      • British patent application publication numbers after June 1978 are serially numbered starting from GB2000001 A, and the number is greater than 200,000; if the number is less than 200,000, it means that it is a patent application publication before June 1978. The document numbers of the published and authorized texts of the same application are the same, but the document codes are different. The first patent application publication is A, and the granted announcement is B.
  • The encoding rules for Supplementary Protection Certificates are:
    • 【SPC】+【/】+【GB】+【2-digit AD year】+【/】+【serial number】
  • British design patents distinguish textiles from non-textiles. Non-textiles use 6-7 serial numbers, while textiles only use 6-digit serial numbers.
  • EP patents that enter into force in the UK from Europe will continue to use the European EP patent document number.

Filing Language: English

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Declaration of Inventorship
  2. Certified Priority Document
  3. Declaration of Ownership/Certificate of Employment/Priority Right Assisgnment
  4. Assignment for Patent Right Transfer
  5. Reference Documents

The initial protection period is 5 years, which can be renewed 4 times, and the maximum protection period is 25 years.

  • via Paris Convention: 6 months from earliest priority date.
  • via Hague System: 6 months from earliest priority date.

Design pictures can contain up to 12 pictures. UKIPO only conducts a 2-week formal examination for design applications. If there are any defects, the applicant must reply to UKIPO's office action within 2 months. Design applications can be granted after overcoming the defects.

The novelty grace period in the UK constitutes 12 months before the filing date or priority date. If the application became available to the public due to the disclosure made in bad faith by any third party or made by the designer, his successor in title, or a third party as a result of information provided or action taken by the designer or his successor in title within the above-said period, it does not disprove the novelty of the design in the United Kingdom.

  • Grant Fee: None
  • Annuity: Validity term of the patent for the industrial design in the UK constitutes 5 years as of the filing date. This term may be renewed four times up to a maximum of 25 years. Overdue payment can be made within the 6-month grace period. Except that no penalty will be charged for the first month, a penalty of GBP 24.00 per month will be paid for the remaining months.

10-12 months

No

Yes

Yes, a maximum of 50 combined designs can be included in one design.

发明专利、实用新型及外观设计进入国家申请流程