How to Protect Your Innovations Faster in United Kingdom
Guide for accelerating Patent Applications in United Kingdom
In the fierce market competition, rapidly securing patent authorization is a crucial way for major tech companies, startups, and independent inventors to protect their innovations. To expedite the patent examination process, applicants can consider several acceleration methods. Here are some key strategies along with their pros and cons:
The applicant may file a request for accelerated examination. For applications accepted into accelerated examination, 90% will receive the first examination report within 2 months. The available acceleration mechanisms include:
| Available Way | Required Documents / Actions | Advantages | Disadvantages |
| Early search | File Form 9A within 12 months from the filing date and pay corresponding fee | Helps applicant decide whether to proceed, withdraw, or file abroad | At least one claim is required |
| Combined Search and Examination (CSE) | File Form 9A and Form 10 simultaneously at the time of filing the new application, with corresponding fees | Earlier visibility of issues to be overcome; useful to demonstrate potential rights to investors | Search and examination fees must both be paid simultaneously; cannot see the search report at this stage, as cited earlier applications may not yet be published |
| Accelerated search | File Form 9A with justification for acceleration (e.g. invention relates to “green technology”) and pay the relevant fee | Usually unnecessary, as examination typically starts within 6 months after search is requested | At least one claim is required |
| Accelerated publication | File request for early publication together with the new application | Public disclosure of proprietary rights earlier; may assist in finding manufacturers or licensees | Competitors gain early access to invention details; publication and examination fees must both be paid within 6 months following publication |
| Accelerated substantive examination | File Form 10 with justification for acceleration (e.g. invention relates to “green technology”) and pay the relevant fee | May expedite grant | Parallel foreign cases may not be handled at the same pace |
| Early reply to examination reports | Submit reply to examination report earlier than the deadline | May expedite grant | Parallel foreign cases may not be handled at the same pace |
| Patent Prosecution Highway (PPH) | If the corresponding application was allowed, or is about to be allowed, by an earlier office, the applicant may request acceleration before the latter office. All PPH requests must include the official PPH request form and supporting documents. PPH agreements signed with UKIPO include: CNIPA, Uruguay | Accelerated grant; no official fees | |
| Global Patent Prosecution Highway (GPPH) | GPPH pilot began in January 2014, allowing applicants whose first application has been allowed to request acceleration for one or more corresponding pending applications at any participating office, examined under the same unified criteria | No official fees |
Grounds for Acceleration:
- Green Technology: The UK Green Channel was launched on 12 May 2009. This service allows applicants to request accelerated processing of applications that have environmental benefits. A written request must explain how the invention is environmentally beneficial.
- Applies to inventions such as solar panels or wind turbines (simple statement sufficient).
- More efficient manufacturing processes (e.g. reduced energy consumption) may require further explanation.
- UKIPO does not strictly investigate such claims; however, if the claim is clearly baseless (e.g. perpetual motion machines), the request will be refused.
- Acceleration is only upon request — there is no automatic fast-track for any technology field.
- Applicable to applications filed before or after 12 May 2009.
- Requests may be filed electronically or by mail, either together with the application or later, referencing the application number.
- Green Channel database: https://www.ipo.gov.uk/p-gcp.htm
- No official fee applies.
- Other valid grounds include known potential infringers, or the need for faster search/examination to secure investment.
Important Notes for Accelerated Examination:
- At least one claim is required.
- Early publication is not possible before formalities examination is completed.
- If early publication is requested, once formalities and search report are completed, the application will immediately enter the publication process, leaving little time before publication to:
- a) consider the search report
- b) amend the claims, or
- c) withdraw the application to prevent publication
- The applicant should ensure that any foreign filings for the same invention are made within 12 months from the UK filing date.
- Standard 18-month publication and examination ensures that later-published but earlier-priority patents can be considered in the search and examination — early grant risks later invalidation.
- All acceleration requests must be filed in writing, with proper justification.
- Generally, grant will not be issued earlier than 3 months after first publication, to allow time for third-party observations.
- Request for Accelerated Publication must be clearly marked: “REQUEST FOR ACCELERATED PUBLICATION”.
- Request for Accelerated Examination must be clearly marked: “REQUEST FOR ACCELERATED EXAMINATION”.
- If submitted before publication, it must also clearly state “REQUEST FOR ACCELERATED PUBLICATION”.
- Even without strong justification, a granted patent may be obtained within approximately 1 year under acceleration.
(Illustrations sourced from the UK Intellectual Property Office)