If you choose to request a search together with filing the application you are expected to have a search report within 2-3 months. In the United States, it will take 2-3 years if you are lucky, in most fields.

Fast patent examination may be important for many reasons – you may want to have a good indication that it is more “safe” to go on with the project. You may want to show investors that the patent is “good” and has good chances to be allowed. You may want to accelerate corresponding applications (more on this issue – in another post). You may simply want a certificate of a granted patent on the wall.

In any case, the UK patent examination is expected to start faster than in more jurisdications.

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One of the most important reasons is price.

Filing an application in the UK together with a search request is 130 GBP official fee. This is an extremely low fee, one of the lowest fees in the world.

Attorney fees can be extremely high but can also be reasonable. If they are reasonable, you got yourself a great deal.

The low UK price is even more important taking into account the very high price of a European patent filing. So, if your market is primarily the UK, a UK patent will most likely be a better deal than a European patent.

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Much like in other countries, a UK patent must be new and contain an inventive step.

It should also be capable of being made or used in the industry.

The UK patent legislation specifically excludes the following from being eligable for a patent:

- a scientific or mathematical discovery, theory or method – (these are public domain).
- a literary, dramatic, musical or artistic work – (these are subject to copyright)
- a way of performing a mental act, playing a game or doing business (as a policy choice, these are public domain)
- the presentation of information, or some computer programs (that is not absolutely correct. The common law does allow some protection to computer programs

- an animal or plant variety (this are subject to a different law)
- a method of medical treatment or diagnosis (again, public policy excludes these and make them public domain).
- against public policy or morality.

Are you lucky enough to apply for a patent?

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