Search, publication and 'substantive examination'

Before your patent can be granted the Intellectual Property Office (IPO) must:

  • carry out a search to confirm your invention is new and inventive
  • publish your application
  • carry out a ‘substantive examination’ of your application

If you did not request your search and your substantive examination when you applied

Usually you must request:

  • your search within 12 months of your filing date
  • your examination within 6 months of publication

You may have more or less time depending on your circumstances. The IPO will let you know your exact deadlines for requesting these.

If you do not request and pay for these on time your application could be terminated.

Apply for a search and examination

If you cannot apply online, download and fill in:

Once completed send your form to the postal address on the form.

The patent search checks if there are any existing documents that indicate your invention is not new and inventive, based on your ‘claims’.

It will usually take place within 6 months of you requesting it, which you can do at the same time as you file your initial application.

The IPO will send you a report with the findings from the search. Read the search report factsheet for more details.

Publication

If your application is complete the IPO will publish it - usually 18 months after your filing date.

Publication does not mean your patent has been granted.

Your full application, including your name and address, will be available publicly online.

The IPO cannot stop details of your application being shared or reproduced, for example if third party websites also publish information about you and your invention.

Substantive examination

The substantive examination is a thorough check of whether your invention is new and inventive. The examination also checks if there is any other reason the IPO cannot grant a patent, for example if your documents do not describe your invention in enough detail.

You must ask the IPO to carry out a substantive examination - it will not happen automatically.

The substantive examination could take place within 6 months of your application if you request it when you file your initial application. If you request it later, it may be several years before it’s done.

Once your patent is examined

If your application does not meet the requirements the IPO will tell you why.

You can either:

  • amend your application and have it examined again
  • stop your application

There is no limit on the number of times you can amend your application to try to meet the requirements. If you meet the requirements, your patent will be granted.