Filed, Published & Granted Patents: What’s The Difference?

The route from patent application to protection has three key phases: filing, publishing and grant.

In simple terms, filing is when the patent application is submitted. It is then published, meaning details of the application are made public whilst it is examined against patentability criteria.

After this, the patent application may be granted. This is the stage that brings the entitlement to enforce rights.

It is a common misconception that a patent application being filed or published means it is protected in the same way as a granted patent. Typically, enforceable rights only come with a patent grant.

Our patent experts have broken the process down into a little more detail, with some strategic pointers to consider.

1. Filing: Patent application submitted

Filing is the process of submitting an application to an intellectual property office, such as the UKIPO. The filing date is the date your application is received and establishes the priority of your invention.

The patent application contains a description of your invention, legal statements about its technical features (the ‘claims’) and a summary of the technical aspects of the invention (the ‘abstract’). You can also include drawings.

A patent attorney can help you prepare the application to put it in the strongest possible position, bearing in mind that new technical information cannot be added after filing.

Inventors considering filing a patent will need to conduct initial searches to check that something similar does not exist. Novelty and inventiveness are key criteria for patentability.

They should also be aware of the financial commitment involved with a patent application and ongoing maintenance. In the UK, for example, renewal fees alone will cost at least £6,160 over the lifetime of a 20-year patent.

This means it’s important to ask the strategic question whether seeking patent protection for an invention makes commercial sense. Again, an attorney can help you navigate these questions.

Although filing does not constitute a granted patent, it allows you to include a ‘patent pending’ or ‘patent applied for’ statement on the invention, packaging or marketing.

This can be a commercial asset, boosting your market credibility and helping to attract investment.

Filing across different jurisdictions

There’s a jurisdictional aspect to filing a patent.

A patent granted in the UK only gives protection in the UK. If you want to seek protection in other countries, you will need to file through their relevant national IP offices, or through a regional body such as the European Patent Office (EPO).

Filing through the EPO provides a route to protection across many European countries. This can involve validating the patent in individual countries or possibly requesting a Unitary Patent. Each route has costs, coverage and risks.

Consider mapping out your international filing strategy ahead of public disclosure. This keeps your options open and allows you to make the most of key filing windows.

You should speak to a patent attorney to establish a clear strategy.

2. Publication: Patent application received and under examination

After around 18 months, your patent will usually be automatically published.

This makes all details of the application public, informing other people in the industry of your invention. It also creates a public record that you have filed for protection, alerting others that rights are being claimed.

At this point, you must ask the patent office to carry out an examination (or ‘substantive examination’) if not already requested.

During examination, the patent office examiner will conduct a thorough check to confirm your invention meets the criteria for patentability: novelty, inventiveness and industrial applicability.

They may raise issues that prevent your patent from being granted. The applicant can respond to these, amend the application, make an argument to overcome the objections or stop the application.

How long after filing is a patent application published?

Patent applications are published around 18 months after the filing date. Provided formal requirements have been met, it is an automatic process.

If the patent application claims priority from an earlier application, the 18-month period starts from the earlier date.

For example, if you file a first UK patent application on 1 January 2026 then file a European patent for the same invention on 1 December, the European patent would be published on 1 July 2027, not 1 January 2028.

3. Grant: Protection active, and rights can be enforced

When the patent is granted, the application will be published in its final form and you will receive a certificate. You now have the ability to stop others from benefiting from your invention and infringing on your rights.

You hold a legally-enforceable monopoly – competitors will not be able to manufacture, use, sell, offer to sell, import or keep your invention without permission (providing it falls within the scope of the granted claims).

‘Watching’ is crucial for actively managing and protecting these new intellectual property rights. If you see a competitor infringing, you are entitled to take enforcement action to defend your position.

This can take the form of warning and negotiation, such as ‘letters before action’ in the first instance, potentially followed by litigation.

The grant of a patent may also mean you are able to bring proceedings for infringing acts dating back to publication.

Third parties can still initiate opposition or revocation proceedings to granted patents. It will be your responsibility to defend and maintain these rights – a professional team of patent experts can guide and represent you at every stage of this process.

How long does it take for a patent to be granted?

Once a patent application is published, it can take several months to several years to be granted.

The duration of this process depends on the complexity of the inventions and any objections raised during examination.

A simple mechanical invention with clear drawings and narrow claims may be quicker to examine, especially if there is limited prior art and few objections.

On the other hand, a semiconductor process may take longer simply because the technology and prior art are more complex.

In the UK, you can check the status of a patent application through the GOV.UK website.

Renewals

Protection only stays in force for as long as the patent is maintained.

Four years after the initial filing date, UK patents become subject to annual renewal fees (or ‘annuities’).

Note that these fees are still due even if the patent has not yet been granted. In these cases, they must be paid to keep a pending application alive.

Patents can be renewed for up to 20 years from the filing date, with these fees growing incrementally each year.