Understanding Variations In the Patent Application Process

Each country around the world is responsible for setting the rules and guidelines for applying for and being granted a patent within that country. These differences can be confusing and best and, in some situations, may even leave your patent exposed without protection. Working with an experienced IP Lawyer is the only way to ensure that you are protecting your patent through the application process and preventing the mistakes that often lead to denial or loss of a patent application.

Different countries may allow current patent holders to object to new patents at the application stage. This is true for patents in the UK that can be challenged during that early time. In addition a complete and very detailed review and investigation of the patent leads to a relative smooth process with very limited need for objections by existing patent holders.

In contrast the United States does not allow a challenge at the application stage. However, an existing patent holder can make an application to have an already granted application re-assessed based on additional information provided. While this can be helpful in clarifying if the patent is a duplicate it can also be time consuming and cause businesses to be constantly checking out new patents for any perceived infringement. Germany also uses the same process as the USA without the option for early objection. In some situations this can leave your patent very exposed while a ruling is made.

Knowing what the specific patent laws in the respective country are is essential in protecting your patent and business. It is also essential to understand at what points in the process the patent is open to discovery or possible infringement due to the objection process. Since it is virtually impossible to stay abreast of these complex laws, working with an IP Lawyer that specialises in international patents is an excellent idea.

Of course all countries provide some type of search or investigative process to ensure that new patent applications are not duplicating or infringing on existing patents. Even this process can be very different based on the country in which the application is made, so having the most informed IP legal professional on your team is essential for cost savings and patent protection.

Need advice from UK Patent Solicitors?

For city quality intellectual property advice at local prices, call our specialist IP Solicitors on

• (01722) 422300 or
• email advice@intellectual-property-lawyer.co.uk

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