We will accept your application for a standard patent once all objections raised in the examination report have been overcome.
Before you are granted a patent, other parties will be given the opportunity to oppose our decision to accept your application.
The most common reasons for opposing the grant of standard patent are:
- the application is identical or very similar to another patent application
- the patent applicant is not the true owner of the application.
The opponent must show that your standard patent, if granted, would be invalid.
If the opposition is successful, the patent applicant is usually given an opportunity to amend their patent application to overcome the problems.
Less than two per cent of accepted standard applications are opposed. If your application is opposed, you should consider consulting an IP professional.
If no opposition is filed and the acceptance fees are paid, your accepted patent is granted.
Once your patent is granted and all fees are paid, it will be enforceable.
A renewal fee is due four years from the date you originally filed your application. Renewal fees are then due annually for the duration of the patent. You need to pay renewal fees for your patent to remain enforceable.
If the amount of accepted claims exceeds 20, extras fees apply for each extra claim.
Extra fees may apply if your application is opposed.
Length of patent protection
The opposition period lasts for three months from the date acceptance is advertised.
Once granted, standard patent protection lasts for 20 years from the date you filed your application.
You will need to pay annual renewal fees in order for the patent to remain in force.