UK IPO shelves “superfast” patent plans
The UK Intellectual Property Office (IPO) has rejected plans to introduce a “superfast” service that would have seen patents granted in around 90 days.
IP minister Lord Younger revealed the proposals earlier this year ahead of a public consultation, which opened from April 17 until June 12.
At the time the IPO said obtaining patent protection can be a lengthy process, though the UK has a good record for granting patents quickly, usually taking between two to five years.
Despite existing expedited services that can grant patents in about six months, the government said there may be applicants who want their patents granted even quicker. The proposed 90-day service would have cost applicants between £3,500 and £4,000.
After considering public responses, of which there were 22, the government published its official stance on the plans on Wednesday. It found that while some respondents generally supported the idea, “many raised serious concerns”.
These worries included there being a higher risk of granting invalid patents; an increased burden on third parties to monitor applications in a severely shortened timeframe; a risk that rapid grants would be seen as advantageous; and that existing accelerated services already meet business needs.
“For these reasons and others, there appeared to be very little likely demand for the service. Furthermore, some respondents suggested that introduction of the service could potentially impact on the IPO’s reputation for delivering affordable, high quality patents,” the IPO said.
“Following careful consideration of the responses received and the specific concerns raised, the government has decided not to implement the proposed superfast service, or to make any changes to the IPO’s existing acceleration services.”
Because the initiative has been controversial, said Alan Johnson, partner at Bristows LLP, it is unlikely that many users will be disappointed by the government’s decision.
He added: “There has been a significant increase in the number of applicants using the UK national route in the last couple of years, in any event. Whether this is related to the Patent Box initiative [tax break], is a reflection of the frustration users feel due to the long delays at the European Patent Office, or signals nervousness about applying for European patents that will be litigated in the Unified Patent Court, is hard to tell.
“What is clear is that the UK IPO did not need this new service to attract more users.”
According to IPO’s annual report for 2012/13, the office received just over 20,000 patent applications in 2012.
