UK launches consultation on “superfast” patent processing service
The UK government has launched a consultation on plans to introduce a “superfast” processing service capable of granting patents within 90 days.
According to plans published on Wednesday, the new service will cost applicants between £3500 and £4000. Applicants will not need to give reasons for using the accelerated service but will have to comply with stricter deadlines for submitting information, and there will be a minimum period of one month between publishing and granting an application to allow third parties to respond.
The UK Intellectual Property Office (UKIPO) already offers a free fast track service offering patent grants within a year. But in a statement announcing the proposed “superfast” service, IP Minister Lord Younger said that for some inventors, this may not be quick enough.
“Inspiration and inventive thoughts can emerge at any time, but acting on them quickly can often be the catalyst for making a real difference to the success or otherwise of an idea … I am sure this will help to create a streamlined and flexible patent service and bring more choice for those who use it,” he said.
The service is part of an initiative to stimulate innovation in the UK: earlier this month, the government launched a tax break known as the Patent Box, offering companies that own or license a UK or European patent, or one issued within the European Economic Area, a reduced rate of corporation tax on profits derived from sales of patented products.
Penny Gilbert, a founding partner of IP law firm Powell Gilbert, said the plan “seems like a good idea” and should be of interest to inventors in fast-moving and highly competitive sectors.
“Such a system would also provide early patent protection to demonstrate patentability and assist in raising finance, so it is potentially good for early stage companies,” she said.
Darren Smyth, partner at EIP, said it will be an attractive option for companies looking to benefit from the Patent Box, but added that there are concerns over how it will work in practice.
“The UKIPO is currently very efficient in the way it handles applications – there are lots of ways to get things granted quickly without paying a lot of money. If this new system is popular, there are concerns that normal applications may be pushed back, as there are only a finite number of examiners,” he said.
Smyth also raised concerns that the new process will allow little time for third parties to file objections to applications.
“There have been some negative comments that the system could put the interests of an applicant over the interests of third parties, as there will be a lot less time in which to object and a greater risk that UKIPO will not become aware of recently filed prior art,” he added.
