7. How to speed up the process for faster grant of patent

How to speed up the process for faster grant of patent

Fast Track grant of patent in UK by Accelerated examination: the patent would be granted within 12 months time under the Patent Prosecution Highway (PPH). The time for grant of patent can vary but is generally expedited.

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How to fast track patent in UK ? speed up the process to grant

To speed up the process of getting patent grant in UK, there are few approaches can be taken : Some approaches are direct options like opting for

  • Combined search and examination
  • Accelerated Search
  • Accelerated Examination
  • Accelerated Publication
  • Patent Prosecution Highway (PPH)

on the other hand, some of the indirect ways that can help you get faster grant of patent are :

  1. Being ready with appropriate information about the invention really reduces time from the ideation stage of the invention to filing of the patent, our guideline on how to go from Idea to invention disclosure and to granted patent.
  2. Providing clear and concise invention disclosure specifically mentioning novel and non-obvious part of invention (if possible) will save a lot of time and reduce frequency of communication with Patent practitioner.
  3. drafting the first claim in the meeting with a patent agent or attorney which helps in creating rest of the patent application in quicker time. Saving a lot of emails and meetings for the same outcome.
  4. Review the patent draft (patent application) in quicker time before filing in to UK IPO
  5. You may also contact patent examiner for status of the patent application (status request)
  6. You may choose to go for First Action Interview Program and talk to the examiner before the examiner issues a first communication; having direct communication with the examiner to help speed up the process and you may get early allowance of an application.
  7. and last but not least, a well drafted patent application with well written claims have better chance to proceed to grant of patent in much lesser time.

There are ways to speed things up till the grant of patent in certain circumstances and together these accelerated procedures can help you get a granted patent much more quickly.

  • combined search and examination (CSE)
  • accelerated search and/or examination
  • accelerated publication

Combined search and examination

Combined search and examination and accelerated publication are available upon request but to accelerate search or examination your invention should be relates to a ‘green’ technology. You need to request in writing showing how your invention is a green technology and can be considered as environment friendly, You also need to mention what step you wish to accelerate that is search, examination, combined search and examination, and/or publication.

On the other hand if you can demonstrate that you need faster grant of patent because there is potential infringer doing infringement activities and you really need to get search, publication, examination done as soon as possible to stop the infringement, then such reason may be accepted for faster (accelerated) processing of patent application.

Accelerated search and/or examination

If your application is an international application which you are pursuing in the UK national phase; PCT(UK) Fast Track can be used to request accelerated examination in the UK national phase if their international application has received a positive International Preliminary Report on Patentability.

fast grant of patent in UK

Source : https://www.gov.uk/guidance/patents-accelerated-processing

on the other hand you do not need to always give a reson for Accelerated process, you can request combined search and examination and accelerated publication which will still end up saving a lot of time if you are quick to repond to communications with UK IPO. In general, the examination report and search both are received within 6 months from such request.

You may also request accelerated processing under the Patent Prosecution Highway (PPH).

Instade of waiting for 18 months for publication of application you can request for accelerated publication then your application will be published in about six weeks from receipt of such request.

Things you can do with “Patent Pending” or patent filed status

Now, When a typical inventor / applicant gets to know that it takes more than 2 years to get granted a patent for his invention, the immediate questions in mind would be;

  • Do I have to wait for 2-3 years to do anything about my invention? Till the patent is granted?
  • How it will make sense in my current business to wait for such long time period ?

The most important fact to consider here is, you get the status of “patent pending” or “patent filed” in UK as soon as you file the patent application at UK IPO. This ensures the priority date is secured and now you (inventor) do not need to wait till grant of a patent for most of the activities you wish to do with your invention like:

  • Talking to investors and financers to get funding
  • Researching the financial worth of the invention
  • Finding the right partners for building a business around an invention
  • Advertising and commercializing
  • Practicing the invention for trial purposes with some clients
  • Searching for the right partner to license the patent after grant
  • Or in some cases entirely selling the invention as patent-pending 

However, The only thing you cannot do till you have been granted a patent on your name for the invention is to “stop others from practicing the invention for commercial purpose”!!! In other words, you cannot stop others from using, selling, offering for sale, or importing your invention until and unless you have granted a patent on your name for the invention. For only stopping others you need to wait till the grant of a patent!!! (2-3 years in normal processing or less than 1 year in accelerated processing)

almost all activities (even selling of the patent in the process) can be done after you have filled the patent application that is your invention is having “patent pending” status. Hence even if it takes more than 2 years to get granted a patent for your invention, It doesn’t stop you from doing almost all activities generally related to a patent as soon as you file the patent !!!

Prasad Karhad
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