INTERNATIONAL TREATIES TO WHICH United kingdom IS SIGNATORY

(i) Paris Convention for the protection of industrial property

(ii) Patent Co-operation Treaty "PCT".

(iii) Agreement on Trade Related Aspects of Intellectual Property Rights "TRIPS".

(iv) European Patent Commission

TIME LINE NATIONAL PHASE ENTRY – PCT

                                                                         Chapter I                         Chapter II
                                                                Under PCT Article 22         Under PCT Article  39(1)

NATIONAL PHASE ENTRY                       –          31                                      31     
REQUEST FOR EXAMINATION                –               
COMPLIANCE WITH OFFICE ACTIONS   – 
MISCELLANEOUS COMPLIANCES          – 

If  European Patent Office Designated or Elected    - 31 Months

Months from the date of priority or International filing whichever is earlier.

TIME LINE CLAIMING CONVENTION PRIORITY

Claiming Convention Priority 

FILING WITH NATIONAL PATENT OFFICE     –          12 Months 
REQUEST FOR EXAMINATION                     –        
COMPLIANCE WITH OFFICE ACTIONS         – 
MISCELLANEOUS COMPLIANCES               – 

Patent legislation in United kingdom

PATENT LEGISLATION IN THE UK:

Patents in the United Kingdom are governed by:

• The Patents Act 1977

• The Patent Rules 2007 as amended by the Patents (Amendment) Rules 2006.

Basics regarding patentability of inventions in United kingdom

For an Invention to be patentable, it should contain the following:

(i).  Novelty:  The invention has to be new.  

(ii). Inventive Step:  Apart from the invention not being obvious to a person with knowledge & experience in the subject.

(iii). Industrial Application:  An invention must be capable of industrial application, which means, the invention should be capable of being made or used in an industry.

Inventions not patentable in United kingdom

• Inventions primarily intended to be against public law and

        morality such as equipment to produce counterfeit currency.

• Mere discovery of a scientific principle or formulation of 

        an abstract theory.

• Methods of treatment or diagnosis.

• Aesthetic creations.

• Methods of performing mental acts or playing games, 

        doing business, computer programmes. 

Filing requirements of patents in United kingdom

(i).   Full name, Surname, Postcode of the applicants.

(ii).  Addresses of the applicants.

(v).   Priority data if any.

(vi).  Complete specification in English along with translated copy 

        if applicable.

(vii).  Set of claims.

(viii). Drawings if any.

(ix).   Abstract.

(x).   Statement of Inventor ship.

Examination of the patent application in United kingdom

• Upon receipt, the patent application is examined for compliance requirements.

• Any deficiencies are to be rectified by the applicant within stipulated period of time else, application deemed abandoned. 

• Search report is drawn up and patent application is published to which interested parties may file opposition..

• Patent application is substantively examined. 

• In the event no objections / opposition forthcoming, application is registered and patent granted.

Post Patent grant by the European Patent Office (EPO),  Patent needs to be validated in the member country as designated on the Patent application.  

Patent Validation comprises of certain formalities and requirements per national laws of the designated country.

Parity Patent Attorneys and Associate Law Firms in the United Kingdom are at hand to help and assist you with Patent Validation. 

Rights of the patentee in United kingdom

Term of the patent granted lasts for 20 yrs. from the date of filing of the application.

Rights:

As concerns both patented products as well as processes, the patentee shall have the exclusive right to:

• License it

• Mortgage it

• Market it

• Take action against infringements

Duties:

• To ensure that a product is not marked as though a patent 

        has been applied for it, if it has not been applied for.

• Mark an unpatented product as patented if it is not.

The above precautionary methods are to be strictly followed, failing which is a criminal offence.

Compulsory licences of patents in United kingdom

At any time after the expiry of 3 years from the grant of a patent, whenever it is found that: 

• The monopoly conferred by the patent in question is operating against public interest, applications may be made to the authorities  to order the grant of a licence under a patent.

• The patented inventions is not fulfilling demands of the domestic market on reasonable terms.

•      In the case of dependent patents.

•      Patentee is imposing unfair conditions to the grant of licence to interested applications wishing to work the patent. 

•      Patentee indulging in unfair practices and anti-competitive   activities.

ParityPatents along with specialised Patent Lawyers and Patent Attorneys in the United Kingdom, can assist you comprehensively with Compulsory Licence matters.     

Cost of Registration of Patents United kingdom

To order a quotation regarding expenses and the fee schedule for National Registration or European Patent Convention:contact@paritypatent.com