It is fantastic news for both practitioners and applicants alike that the backlog in examination at the UK Intellectual Property Office (UKIPO) has been brought to zero. Yes, zero. There is no longer a backlog in any of the patent, trade mark or design divisions.
Like many of my colleagues, I was often asked by frustrated clients why examination of patent applications (for I am a patent attorney) at the UKIPO took such a long time. That is a question that ought not to be relevant from now on; examination of patent, trade mark and design applications should be conducted within the UKIPO's defined service standards, which can be found here. Notably the following should now be met:
- Patents "Preliminary"
Examination
Assessment of procedural and non-technical aspects of a patent application - within 4 weeks (20 working days) of the application's filing date. - Patent Search
Issuance of search reports - within 6 months of the request. - Patent Examination
Full substantive examination of legal and technical aspects of a patent application - within 3.5 years (42 months) of the priority date. - Patent Acceleration
All requests for accelerated processing dealt with - within 2 months of receipt. - Trade Mark and Designs Examination
Issuance of first report on trade mark and designs domestic and international cases - within 2 weeks (10 working days) from the date it is ready to be examined*
*an application is ready to be examined once it has been filed at the UKIPO and a filing receipt has been issued.
It is realistic to believe that these standards will be met as the UKIPO takes steps to implement its 'One IPO Transformation Programme', to be launched in around two years' time.
We look forward to many more timely interactions with the UKIPO on behalf of our clients as we all look to benefit from a more effective, as well as more efficient, service.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.