A patent is an exclusive right granted for something new, a product or a process that provides new ways of doing something or offers a new technical solution to a problem.
Patents can be given for inventions in any technology field, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example, a process for producing a specific chemical compound. Many products contain several inventions. For example, the computer can involve hundreds of inventions operating together. Patented inventions have been present in every aspect of human life, from electric lighting (patents held by Edison and Swan) and plastic (patents held by Baekeland) to ballpoint pens (patents held by Biro) and microprocessors (patents held by Intel for example,).
But why do we need to register these inventions? Why hold a patent? Well, patents provide incentives and protection by granting recognition to the inventors for their creativity and the possibility of material reward for their discoveries. At the same time, the required disclosure of patents and patent applications promotes the mutually-beneficial spread of new knowledge and accelerates innovation activities.
Once knowledge is openly available, it can be used simultaneously by an unlimited number of persons. While this is, without a doubt, fair for public information, it causes difficulties commercializing technical knowledge. In the absence of the protection of such knowledge, anyone could easily use this information enclosed in inventions without any recognition of the creativity of the inventor or contribution to the investments made by the inventor. Consequently, inventors would be discouraged from bringing new inventions to the market and keeping them secret. A patent system intends to correct such under-provision of innovative activities by providing innovators with limited exclusive rights, giving them the possibility to receive appropriate returns on their innovative activities.
In general insight, the public disclosure of the patent’s technical knowledge and the patent’s exclusive right granted provide incentives for competitors to search for alternative solutions and designs around the first invention. These incentives and the announcement of knowledge about new inventions encourage further innovation, which assures that the quality of human life and the well-being of society is continuously improved.
Filing requirements in the UK
English or Welsh is the official language of the UK patent application. The Comptroller must inform the applicant that a translation into one of the official languages must be submitted within two months of the date of notice if the patent application is filed in any other foreign language.
Obtaining the filing date of a patent application in the UK should include the following:
- request to grant a patent;
- contact details of the applicant;
- something which is or appears to be a description or a reference to an earlier application;
- proof of payment of the corresponding fees.
Within sixteen months after the earliest priority date, a certified copy of the Priority Document must be filed if priority is being asserted. The Comptroller may inform the applicant to provide the translation within a certain period if the priority document is not in English or Welsh.
UK law does not mandate submitting a Power of Attorney with a patent application.
The statement of inventorship (Assignment Deed) must be submitted within 16 months of the filing date or the priority date if it is claimed that the applicant is not an inventor.
Novelty grace period
A UK patent application may be submitted within six months of the disclosure at an internationally recognized exhibition or where a third party discloses in bad faith. An application must be submitted with the documentation supporting the invention’s exhibition.
Validity term
The official grant fee is not required for UK patents with fewer than 25 claims and 35 pages of description. In the UK, patents are valid for twenty years after filing. The first annuity is only paid when the patent is granted; however, it is due on the fourth anniversary of the filing date. To avoid late payment costs, annual fees must be paid within three months or one month beyond the due date. Within a grace period of six months, late payments are permitted with a commensurate cost.
Utility Model
Utility model protection is not available under UK legislation.
Also, contact us for trademark registration in United Kingdom.