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When applying for an invention patent in the UK, there are many ways to speed up the examination process, so that the invention patent can obtain the first examination opinion in as fast as 2 months and be authorized in about 1 year.
type | Required documents and actions | advantage | shortcoming |
| Early search | Submit Form 9A and pay the corresponding fee within 12 months from the date of application | Can help applicants decide whether to continue to apply/whether to withdraw or whether to apply abroad | There must be one or more claims |
| Combined search and examination (CSE) | Submit Form 9A and Form 10 at the same time as the new application and pay the corresponding fees | Shows defects that need to be overcome earlier. Can be used to show potential financial backers that rights may exist | You must pay the search fee and examination fee at the same time, and you cannot see the search report. The application documents cited earlier than the invention patent may not have been published at this time. |
| Accelerated search | Submit Form 9A and explain the reasons for expedited examination and pay the corresponding fees, such as if the invention may involve "green technology" | Usually not required, the examination is usually carried out within 6 months after the search request is submitted. | There must be one or more claims |
| Accelerated publication | New applications and early publication requests | Announce proprietary rights to the public in advance and assist interested manufacturers or licensees | Competitors will know the details of the invention earlier. In addition, the early publication fee and substantive examination fee must be paid within 6 months after the publication. |
| Accelerated substantive examination | Submit Form 10 and explain the reasons for accelerated examination, and pay the corresponding fees, such as if the invention may involve "green technology" | Can expedite authorization | Overseas compatriots may not be able to handle it at the same time |
| Early reply to examination reports | Reply to the review opinion earlier than the response deadline | Can expedite authorization | Overseas compatriots may not be able to handle it at the same time |
| Patent Prosecution Highway (PPH) | If the application has been granted by the first examining office or has the intention to grant it, the application can be submitted to the subsequent examining office for accelerated examination. All PPH applications should be accompanied by a completed PPH application form and the required supporting documents. The following have signed bilateral PPH agreements with UKIPO: China Patent Office, Uruguay Patent Office | Can expedite authorization, no official fees | |
| Global Patent Prosecution Highway (GPPH) | The GPPH pilot program was launched in January 2014 and allows applicants who have obtained a grant at the first examining office to request acceleration of one or more common pending applications at any or all other participating offices, all of which are assessed based on the same set of criteria. | Can expedite authorization, no official fees | |
Reasons for accelerated review:
- Green Technology: The UK Patent Application Express was launched on 12 May 2009. This service allows applicants to apply for accelerated processing of their patent applications if their invention has an environmental benefit. Applicants must make their application in writing, explaining how their application has an environmental benefit.
- The service is for patent applications that have an environmental benefit. For example, if the invention is a solar panel or a wind turbine, a simple statement will suffice. However, a more efficient manufacturing process that uses less energy may require more explanation. The UKIPO does not investigate these claims in detail. However, if the claim is clearly unfounded, for example if the application is about a perpetual motion machine, the UKIPO will refuse the request. Applications will only be processed faster if the applicant requests it; there is no automatic green light for specific areas of technology.
- This service can be requested for applications filed before May 12, 2009, as well as for applications filed after this date. Written requests can be made electronically or by mail. Requests can be made at the same time as the new application or at a later date and include the application number.
- Green Technology Patent Search Database: https://www.ipo.gov.uk/p-gcp.htm
- No official fees.
- Potential infringers are known, or faster search, review, or approval is required to attract investors.
Notes on expedited review:
- There must be one or more claims.
- It cannot be announced in advance until the formal review is completed.
- If a request for early publication is made, the patent application will enter the publication cycle immediately after the formal examination is completed and the search report is completed. Before publication, the applicant will be unlikely to have time to:
- a) Consider the contents of the search report
b) amend the claims, or
c) Withdraw the application to prevent publication
- a) Consider the contents of the search report
- Applicants should ensure that any overseas applications for the same invention are filed within 12 months of the UK patent application date.
- The normal search and substantive examination process after 18 months of publication allows patents published after the application date but with an earlier priority date to be included in the search report and considered and cited (if relevant) during the substantive examination. However, if these citable patents are published after the application date of the current patent, early examination and grant may result in the patent being invalidated later.
- The request for accelerated search and accelerated examination must be made in writing, together with the reasons.
- Normally, a grant will not be granted until at least three months after the initial publication of the application to prevent third-party public comments from being made during this period.
- When making a request for early publication, it is necessary to clearly indicate in the request: [REQUEST FOR ACCELERATED PUBLICATION]
- If you request accelerated examination, you must clearly indicate "REQUEST FOR ACCELERATED EXAMINATION" in the request. If the request for accelerated examination is made before publication, you must also clearly indicate "REQUEST FOR ACCELERATED PUBLICATION"
- By filing a request for accelerated examination, a patent can be granted in about one year (even if you are unable or unwilling to provide sufficient reasons).
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