Statutory guidance

Timeliness target for re-examination of patent applications

Updated 17 May 2021

1. Summary

To meet the needs of customers, the Intellectual Property Office (IPO) aims to consider applicants’ responses to examination reports [footnote 1] within 2 months of them being filed. If a response is filed close to the end of the compliance period [footnote 2] then we will prioritise such responses accordingly, aiming where possible to turn them around within half the time remaining until the end of the compliance period. In technical areas where demand is high this may not be possible, in which case priority will be given to the re-examination of patent applications which are nearest the end of their compliance period.

2. Detail

As part of the substantive examination of a patent application an examiner will, where appropriate, issue an examination report explaining why the application does not comply with the Patents Act 1977 (as amended). The applicant must respond to this report with amendments or arguments or their application may be refused. When the IPO receives a response, the examiner will aim to consider that response within 2 months of it being filed with the office. That is, within that timeframe the examiner will aim to perform re-examination of the application and either: issue a further examination report, issue a notification of intention to grant, or issue other correspondence concerning outstanding matters.

Staff will endeavour to meet the 2 month target in all cases, however in technical areas where demand is high this may not be possible. If you would like your application to be processed urgently, you may request accelerated processing at any time. If the first examination of your application is accelerated, we will also carry out re-examinations on an accelerated basis. Applicants should be aware however, that if a case is accelerated and an as-of-right extension to the latest date for response to an examination report is requested, it will be assumed that the applicant no longer wants accelerated processing and the case will revert to being processed within normal timescales (see MoPP 18.64).

3. Enquiries

Any enquiries about this notice should be made to:

Dr Jamie M Frost
Patents, Trade Marks and Designs Legal Section
Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

Tel: +44(0)1633 814463

If you would like to discuss a particular application, please contact the examiner handling your case. Contact details for the examiner can be found on the cover letter accompanying the latest search or examination report, or on the report itself.

Julyan Elbro
Divisional Director - Patents Examination
Intellectual Property Office
1 April 2021

4. Footnotes

  1. The compliance period is the period in which an application must be made in order for grant, otherwise it will be treated as refused. The compliance period is defined in rule 30 of the Patents Rules 2007. 

  2. An examination report issued under s.18(3) of the Patents Act 1977.