Task 1 · Process Diagram
You should spend about 20 minutes on this task. Write at least 150 words.
The diagram below illustrates the main stages used in one patent system to process an application, from initial filing to a decision to grant or reject the patent.
Summarise the information by selecting and reporting the main features.
Part 1 · Band 9 Sample Answer
The diagram outlines the procedure followed by a patent authority when examining an application, beginning with its submission and ending with either rejection or the granting and announcement of a patent.
Overall, the system comprises four principal stages before a final decision is reached: a formalities check, publication, a request for substantive examination and the substantive assessment itself. While the first three stages follow a straightforward sequence governed by two time limits, the substantive examination may involve a repeated exchange between the patent office and the applicant. The process ultimately divides into two possible outcomes.
Initially, an application is filed and then undergoes a formalities examination to establish whether the required procedural conditions have been satisfied. It is subsequently published, with publication taking place 18 months after the original filing. The applicant must then request a substantive examination within three years. Once this request has been made, the application advances to the fourth stage, in which its substance is assessed by the patent office.
During this assessment, the office may issue an official action raising matters that require clarification or amendment. The applicant provides a response, after which the case returns to substantive examination. This cycle can therefore continue as necessary before a conclusion is reached. At the final decision point, the application follows one of two branches. An unsuccessful application is rejected and leaves the process, whereas a successful one results in the patent being formally granted and announced.
Part 1 · Band 8 Sample Answer
The process diagram shows how a patent application is handled from the time it is filed until the authority makes a final decision to reject it or award a patent.
Overall, there are four numbered stages in the examination procedure. Applications first pass through checks and publication before a detailed examination is requested and carried out. A notable feature is that the final examination can include a cycle of communication between the office and the applicant. The procedure finishes with one of two contrasting results: rejection or the granting and public announcement of the patent.
The process begins when an applicant files the necessary documents. The patent office then conducts a formalities examination as the first stage. Once this has been completed, the application is published at Step 2, which occurs 18 months after filing. The applicant is subsequently required to submit a request for substantive examination within three years. This leads to Step 4, where the contents of the application are examined in detail.
The substantive examination is not necessarily completed in a single round. The patent office may send an office action to the applicant, who must provide a response. The application then returns to the examination stage, meaning that this exchange can be repeated before a final judgement is possible. Following the final decision, the route divides. If the application does not meet the relevant requirements, it is rejected. If it is approved, the patent is granted and the decision is announced.
Part 1 · Band 7 Sample Answer
The diagram describes the stages involved in examining a patent application. It covers the whole procedure from the filing of an application to either its rejection or the granting of a patent.
Overall, the application goes through four main steps before a final decision is made. These consist of a formalities examination, publication, a request for a detailed examination and the substantive examination itself. There may also be repeated communication between the patent office and the applicant during the fourth stage. In the end, the patent is either refused or granted and announced.
First, the applicant files the patent application. It then enters Step 1, where a formalities examination is carried out. After this check, the application is published in the second stage. The diagram indicates that this happens 18 months after the filing date. The next step requires the applicant to request a substantive examination within three years. The patent office then begins Step 4 and examines the application in greater detail.
During the substantive examination, the office can issue an office action, and the applicant is given an opportunity to respond. After the response is received, the application returns to the substantive examination stage. This cycle may take place before the authority is ready to reach its final decision. At the decision point, an unsuccessful application follows the left-hand route and is rejected. In contrast, an application that is accepted follows the other route, after which the patent is officially granted and announced.