Getting a patent – the initial steps The legal landscape around obtaining and using patent protection is complex, so it can be difficult to know how to go about getting a patent. Whilst legal advice is available, the cost of ...
Why Record Changes of Ownership at the EPO? Recording a change of ownership on the EP register is not mandatory. However, we do highly recommend recording such changes for the reasons outlined below.
Third Party Observations explained Third Party Observations (TPOs) provide a mechanism for third parties to file objections and evidence against a pending patent application which, if successful, can result in limitation or ...
Compensation of Inventors According to the Principles of the German Compensation Guidelines Type (lump sum or instalments) and amount of compensation are determined by an agreement between the employer and employee. The calculation of a suitable compensation is a very complex ...
Deferred Patent Examination System - Germany The German Patent Office operates a deferred patent examination system under which patent applications remain dormant until the applicant takes steps to initiate the examination procedure.
Deferred Patent Examination System Several Patent Offices operate a deferred patent examination system under which patent applications remain dormant until the applicant takes steps for the application to be examined. A ...
Direct European Patent Applications: Early Stage Procedure and Paying Search Fees Download flow chart - EP Early Stage Procedure & Paying Search Fees - Decision chart for action after issuance of a partial search report on a direct European patent application Here we ...
Designation, Extension and Validation States for European Patent Applications This information is available in Korean. For European patent applications filed since 2009, all available EPC “member states” are automatically included (“designated”) by payment of one ...
Marking of Patented Products in the UK In the UK, marking a product with details of a granted patent that has been obtained for that product may deter potential infringers from copying the product and may further improve the ...
The Unitary Patent and the Unified Patent Court explained This information is available in Japanese, Chinese and Korean. The ‘Unitary Patent Package’ consists of:
European regional phase entry: Early Stage Procedure Where the EPO Acted as the ISA Download flowchart - European regional phase entry: Early Stage Procedure Where the EPO Acted as the ISA
Prosecution of Direct European Patent Applications Here we set out the early stage procedure for European patent applications filed directly at the EPO, including divisional applications. We also set out the practical consequences of this ...
European regional phase entry - Early Stage Procedure - EPO is not ISA Download flowchart - European regional phase entry - Early Stage Procedure - EPO is NOT ISA
Publicising Inventions You are no doubt aware of the need to keep an invention secret before a patent application is filed, but there are also circumstances where disclosures relating to your invention made after ...
The Patent Box If you have intellectual property which generates profit for your company, you may be entitled to pay a much lower rate of corporation tax in the UK.
Frequently asked questions Understanding your company’s intellectual property (‘IP’) assets and, more importantly, how to protect them is an essential consideration for any business - from new start-ups to ...
Waiving Rule 161 and 162 Communications at the EPO This information is available in Korean. The time period for responding to the Rule 161/162 communication (issued shortly after entry into the European regional phase) is six months. In ...
Patentability of Software and Business Method Inventions in Europe This information is available in Korean. This page describes the current approach of the European Patent Office (EPO) concerning the patentability of software and business method inventions ...
Grace Periods for Disclosure of an Invention before Applying for a Patent In general, a patent application for an invention should be filed at the patent office before the invention has been disclosed to the public, because otherwise the disclosure of the ...
Transfer of IP If you have acquired or transferred intellectual property rights, e.g. patents, trade marks and/or designs, you should be aware that there are various registers in which the proprietor(s) ...
Confidentiality Often you may wish to tell other people about your invention, for example if you are trying to license or sell to a third party, to secure investments or to find a manufacturer. These are ...
Patent Term Adjustment (PTA) It is possible for the lifetime (“term”) of a US patent to be extended if the United States Patent and Trademark Office (USPTO) delays processing of the application. However, any extension ...
Joint Applicants or Co-owners of IP Sometimes you may wish to apply for (or to own) an intellectual property right (e.g., patent, registered trade mark or registered design) together with one or more people. This is perfectly ...
The London Agreement This information is available in Korean. The London Agreement aims to reduce translation costs incurred after the grant of a European patent. It entered into force on 1 May 2008. It applies ...
EPC 2000 In November 2000, a conference was held to discuss possible amendments to the European Patent Convention (EPC). This was the first major review of the EPC since it was concluded in 1973, ...
Validity & infringement opinions from the UKIPO Download flowchart of the procedure - Validity and Infringement Opinions The UK Intellectual Property Office (UKIPO) has a procedure to provide independent, non-binding opinions on ...
Plant Variety Rights and Patents for Plant-Related Inventions A plant variety right is an intellectual property right for the exclusive exploitation of a named plant variety. As with other IP rights, plant variety rights are intended to promote and ...
Providing Search Results to the EPO On 1 January 2011, new Rules 141 and 70b come into force at the EPO which require applicants to provide the EPO with a copy of the results of any search carried out in respect of an earlier ...
EPO Oppositions This information is available in Japanese, Chinese and Korean. Find out more about our opposition services and why Mewburn Ellis is Europe's number one choice. You can also find out about ...
Duty of Disclosure Failure to disclose relevant information to the United States Patent and Trademark Office (USPTO) can result in a patent becoming invalid and unenforceable.
US & Canadian Patents: Small Entity Status In the USA and Canada, reduced official fees are payable for patent applications and patents if all parties holding rights in the invention qualify for small entity status. However, for ...
IP Audits It is an underappreciated fact that virtually every business generates Intellectual Property (IP). Recognising that and identifying the IP generated are important first steps on the path ...
Oral Proceedings This information is available in Korean. “Oral proceedings” refers to a hearing at which one or more parties to proceedings before the EPO present their case orally before the EPO. Oral ...
European Grant Procedure Download Grant Procedure flow chart This information is also available in Japanese, Chinese and Korean
Extended European Search Reports This information is available in Korean. The search report from the European Patent Office is accompanied by an opinion on the patent application and the invention. The combination of the ...
Paying Additional Search fees at the EPO - Direct European Patent Applications If the EPO considers that the claims of a patent application relate to more than one invention (i.e. lack "unity of invention"), then the applicant initially receives only a partial ...
Registration of UK Patents & Designs It is possible to register UK national patents, European patents (UK) and UK registered designs in a number of other states and territories. This page lists the states and territories in ...
PCT Member States An “international” or “PCT” patent application covers all countries/regions which are party to the Patent Cooperation Treaty (PCT) (“PCT Member States”) on the day the PCT application is ...
PCT Applications - Chapter II Demand This page deals with a very specific topic, namely filing a Chapter II Demand. For a more general discussion of PCT applications, and the PCT process, please refer to our information sheet ...
Patent Prosecution Highway To offer applicants a faster route to patent allowance, reduce patent office workloads and streamline procedure, many patent offices have looked into ways of ‘sharing’ their work. The ...
Experimental Use Exemption in the Pharmaceutical and Biotech Industries This information is available in Korean. Amendments to the UK Patents Act which came into force on 1 October 2014 have extended the scope of the so-called ‘Bolar’ exemption from patent ...
Supplementary Protection Certificates (SPCs) & Patent Term Extensions (PTEs) Over 60 countries worldwide offer the possibility of patent term extensions (PTEs or SPCs) for medicinal product patents. “Supplementary Protection Certificate” (SPC) is the name given to ...
Patent Watching Searches A patent watching search is a check made at frequent intervals through relevant Official Journals or computer databases for newly published granted patents or pending patent applications ...
Restrictions on the Filing of Patent Applications Abroad by United Kingdom Residents This page provides information on the rules governing the filing of patent applications outside the UK by United Kingdom residents, and our approach to such applications.
Inventorship and Ownership Any person who invents patentable technology is by default entitled to the rights in any patent granted in respect of that technology. When filing a patent application, it is therefore ...
Accelerated Prosecution Our pages ‘UK Patents - The Basics’ and ‘European Patents - The Basics’ set out in detail the various procedural steps involved in obtaining UK and European patents, along with the likely ...
Licence of Right This page explains the consequences of a UK patent before the UK Intellectual Property Office (UKIPO) and a German patent before the German Patent and Trade Mark Office (DPMA), (whether ...
International (PCT) Patent Applications - The Basics Download flowchart of the procedure - PCT Member States There is no such thing as an "international patent." However, it is possible to file an "international patent application" (also ...
European Patents - The Basics Download flowchart - European Patents - The Basics This is information is also available in Japanese, Chinese and Korean
UK Patents - The Basics Download process flow diagram A UK patent is a legal right granted by the UK Intellectual Property Office for a new invention. It allows the owner of the patent (the patentee) to take legal ...