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UK patent application
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Release time:2016-05-12
1. UK patent application system
1. claim priority
If the same invention (or new model) has been applied to other Paris Convention countries and the original application date is to be claimed in the UK, the application should be made to the UK Patent Office within one year from the date of the first foreign application (or six months in the case of a new model).
2. Requirement of absolute novelty
The invention is not novel if it has been published in writing, by oral, by use, by market or by any other means in any part of the world before the application (or priority date).
The provisions for handling patent applications in the UK in 2. are as follows:
1. British invention patent
1) British patent application documents: description and schema.
2) British invention patent application priority claims:
a. An application for the right of priority is filed within 12 months from the date of application of the first application in another country.
B. At the time of application, it is required to claim that the priority document certification can be submitted within 16 months from the priority date.
3) UK patent application examination procedure:
a. Review system.
B. A novelty investigation must be submitted by the UK Government within 6 months from the date of application.
c. The patent application is published 18 months after the filing date (priority date).
d. Entity reviews are requested within six months of the early disclosure.
4) British invention patent maintenance fee: the first maintenance fee shall be paid 3 years ago from the date of application, and shall be paid year by year thereafter.
5) British invention patent term: 20 years from the date of application.
Additional note: British invention patents are protected in some countries of the British Association.
2. British New Style Patent
1) British New Style Patent Application Document: Description and Schema.
2) UK New Style Patent Application Priority Claims:
a. An application to claim priority within six months from the date of application of the first application in another country.
B. At the time of application, it is required to claim that the priority document certification can be submitted within 3 months from the priority date.
3) UK New Style Patent Application Examination Procedure:
a. Registration system.
B. Relative novelty.
4) British new model patent patent maintenance fee: every 5 years from the date of application.
5) British new model patent term: 25 years from the date of application.
Supplementary note:
1. British new model patents can be protected in some countries of the British Association.
2, can not be used alone or purely functional shape design can not obtain a new style patent.
3. UK patent application note:
When one of the following circumstances occurs, according to the provisions of the British patent law does not make an invention, namely:
1. Discoveries, scientific theories or mathematical methods; literature, drama, music, artistic works or any other aesthetic works; schemes, rules, methods or computer programs for engaging in intellectual activities, literary games or business; expression of information.
A UK patent cannot be applied for if:
2. The publication or adoption of the invention is likely to encourage the development of illegal, immoral or anti-social behaviour; any species of animal or plant, any method of reproduction of animals or plants that is essentially a biological process, but is not a microbiological treatment or the product of such a method.
4. how the UK defines whether a patent is novel:
1. The invention does not form part of the prior art.
2. For the purposes of the invention, the prior art shall be deemed to include things (products, processes, or information about both and other things) that have been made public at any time before the priority date of the invention, in writing or orally, or by use, or in any other way.
3. The prior art related to the invention of the patent application or patent shall also include the matter published on or after the priority date in another patent application if it meets the following conditions: the matter was mentioned in the application for another patent whether at the time of submission or publication; The priority date of the matter precedes the priority date of the invention.
(4) In the case of a patent or a patent application, the disclosure of the matter constituting the invention within six months prior to the date of filing the patent application.
(Please do so before applying for a UK patent.patent search, which helps to avoid the same or similar patents and helps to improve the success rate of patent applications)
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