What Steps to follow for patent application?

The steps below cover a typical single UK patent application, filed on or after 1st January 2005. They do not cover more complicated variations.

Step 1
You prepare a ‘patent
application’ which includes:
• a written ‘description’ of
your invention (allowing others to see how it works and how it could be made); ‘drawings’ (to illUStrate your description);
• ‘claims’ (precise legal
statements in the form of single sentences that define your invention by setting
out its distinctive technical features); and

• an ‘abstract’ (a summary that includes all the important technical aspects of your invention).

Step 2
You fill in and file form 1 ‘Request for grant of a patent’ with US, together with
your patent application.
(Also, if you or anyone
else applying are not the inventor, you will need to fill in form 7 – ‘Statement of
inventorship and of right to grant of a patent’ – and tell US why you have the right to be granted a patent. This form can be filed
up to 16 months after your ‘filing date’ or priority date, if there
is one.)

Step 3

We respond by issuing a filing receipt which includes an application number and confirms the ‘filing date’ of your application.

Step 4
You fill in and file
form 9A with US, together with the ‘a search’. You mUSt do this by a given date – USually within 12 months of your filing date – to avoid your application being terminated. You also need to pay the application fee by the given date.
If your application includes a declaration of priority, the deadline for filing form 9A is 2 months from your filing date or 12 months from your priority date, whichever is later.

It can be disheartening and costly to
discover, after months of effort and
investment, that your patent application
is not allowed because your invention
is not new. To avoid this, you should
carry out a search through published
patents and other documents such as
trade catalogues before applying. You
can either:
• carry out a search yourself – see
our booklet Patents: Essential
Reading – although the results
might not be as comprehensive as
you would want; or
• pay an organisation to do a search
for you, such as a patent attorney .
No. An invention can only be patented
if it is:
• new – not already known to the
public before the date a patent is
applied for;
• inventive – not an obvious
modification of what is already
known; and
• capable of industrial application,
that is, can be made or used in any
kind of industry.
In other words, your invention must
make a technical contribution. This
means you can’t, for example, patent
a business method unless it involves
some technical innovation. Inventions
relating to computer software may
be patentable, but only if they involve
something more than just software
running on a computer in a technically
ordinary way.
Other ideas that cannot be patented are:
• scientific or mathematical
discoveries, theories or methods;
• literary, dramatic, musical or artistic
works;
• schemes, rules or methods for
performing a mental act; and
• methods of medical treatment.
If you are not sure if your invention is or
isn’t excluded, contact the office or ask
a patent attorney






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