The UK Intellectual Property Office (UKIPO) has announced that it will experience delays in publishing patents over the coming months. This affects both initial “A” publications (when an application first enters the public domain, usually 18 months from filing) and granted “B” publications. The reduced publishing capacity is expected to last for at least six months while the IPO transitions to a new administrative system.
Why Does This Matter?
If you want fast grant of your patent, for example to assert your patent rights, secure investment, close licensing deals, or to qualify for Patent Box tax relief, these delays could slow your timeline. Even with a clear search and examination report, a UK patent application cannot be granted until at least three months after the initial A publication occurs.
Should You Consider Accelerating Publication?
Requesting accelerated publication can help move your application toward grant more quickly. While delays may still apply, accelerated cases should remain quicker than the standard route. Given the expected delays in publication, acceleration should be considered at the outset so that it can be part of your patent strategy.
But proceed with caution:
Publishing your invention early isn’t always the right choice and so it is imperative that you seek advice from a Scintilla patent attorney to discuss whether (and when) accelerated publication is appropriate.
What Should You Do Next?
Every situation is unique. Before deciding, speak with a Scintilla attorney to weigh the benefits and risks. Our experienced team can help you navigate these changes and determine the best strategy for you.
Get in touch today to discuss your options.