Patent factsheet: Accelerated processing
How to speed up the patent application process.
The normal way of obtaining a patent is set out in the chaptered guide on applying for a patent. However, it is possible to speed up certain steps in this process.
This factsheet may be of help if you decide that you require accelerated processing at any stage.
When requesting these procedures, you will need to pay the appropriate fees. You will also need to have filed one or more claims.
Early search
To get an early search, file form 9A and pay the fee within 12 months of filing your patent application.
An early search will give you an early indication of whether your invention is new and inventive. It may help you decide sooner whether to continue or withdraw your application, and whether to file abroad. You will need to send us at least one claim before the search can be carried out.
Combined search and examination
To get an early search and examination, file forms 9A and 10 and pay the fees at the same time.
You will get an early indication of objections that need to be overcome in order to get a patent granted. This can be used to show a potential financial backer what likely rights will exist.
However, you should be aware that:
- you must pay for both search and examination at the same time
- you are committing to substantive examination without the benefits of seeing the search report first
- relevant patent applications filed earlier than yours may not yet have been published
Accelerated search
It’s not usually necessary to apply for an accelerated search, as the search report is normally sent out within 6 months of a search request.
However, if you want to apply for an accelerated search, you should file form 9 with the fee and include a written request with an adequate reason.
Accelerated publication
Patent applications are usually published 18 months after the application’s filing or priority date. However, you can ask the IPO to publish your application sooner. Requests for accelerated publication should be prominently marked REQUEST FOR ACCELERATED PUBLICATION.
Accelerated publication gives the public an earlier indication of the monopoly sought. It can also help get manufacturers and licensees interested. However, it will make details of your invention available to competitors. The examination fee, which must be paid within 6 months of publication, will also have to be paid sooner.
What happens when you request accelerated publication
You can only request accelerated publication once the search report has been issued and the necessary formal requirements have been met.
If you ask for accelerated publication, the application will enter the publication cycle as soon as the search report has been issued and formal requirements are met. It is then unlikely that there will be time before publication for you to:
- consider the search report
- file new or amended claims
- withdraw the application to prevent it from being published
If you request accelerated publication, you must make sure that any foreign applications for the same invention are made within 12 months of your filing date.
Applications are not normally sent for grant until at least three months after initial publication of the application in case other people wish to file observations on your application.
Accelerated substantive examination
To get an accelerated substantive examination, file form 10 with fee and include a written request with an adequate reason.
Requests for accelerated examination should be prominently marked REQUEST FOR ACCELERATED EXAMINATION. If the request for accelerated examination is made before publication, it must be made clear if accelerated publication is also required.
Your patent may be granted sooner. However, you may not be able to process equivalent foreign applications at the same time.
The normal process of search, publication after 18 months and followed by later examination allows time for patents published after your filing date but with earlier priority dates to enter the search databases and be considered and cited (if relevant) when the substantive examination is carried out. Early examination and grant may result in your patent later being found invalid if such citable patents are published later than the date on which your application is sent for grant.
Early reply to examination reports
You can send your response to an examination report earlier than the due date. This may mean that your patent is granted sooner. However, you may not be able to process equivalent foreign applications at the same time.
Getting help
It’s a good idea to seek professional assistance when preparing your patent application, as you’re more likely to succeed in getting a patent granted if you do.
You can also contact the Intellectual Property Office on 0300 300 2000 (local call rate) or visit our website. We are keen to help all our customers as much as possible, but regret that we cannot help with the commercial exploitation of your invention.
This factsheet is not intended to be comprehensive and necessarily omits details which may be relevant in particular circumstances.