10 April, 2013
The IPO has recently unveiled further detail about their plans to offer a super accelerated examination service which will allow a UK patent application to be granted in as little as 90 days.
Under the proposals, once an application has been filed using this service a search and examination report will be issued within ten days. To expedite the grant process as much as possible, any communication from the IPO will require a response in a matter of weeks rather than months and any correspondence will have to be done electronically.
Applications utilising this service will be published around two months from filing, rather than the usual 18 months. Subject to any objections from the examiner being dealt with by this time, 30 days after the application is published it will be granted.
Although no formal reason will be required from users seeking use of this service, it is proposed that the service will come at a hefty cost of around £4,000.
Given that the official fees for obtaining a UK patent are usually no more than £250, this service is only intended to be used in exceptional circumstances, for instance dealing with an imminent infringer or for applicants interested in making immediate use of the new Patent Box tax-saving initiative.
The current proposals from the IPO are open for comment and observations until 12 June 2013. Full details of the proposals can be accessed here:
If you have any comments or would like to submit any observations to the IPO about their proposals, please contact William Burrell or your usual Boult Wade Tennant adviser.