“Preliminary Examination Report under Section 15A” – What to do next

Background

In a recent article on why 2025 was a record-breaking year for UK patent filings, I explored how the recent surge in filings was largely driven by self-represented applicants – i.e., those filing without attorney representation. The data showed that self-represented patent applications filed at the UKIPO in 2025 were up 260% from 2024!

With more and more applications being filed without attorney representation, it is perhaps unsurprising that more applicants are receiving communications headed:

“PRELIMINARY EXAMINATION REPORT UNDER SECTION 15A”

stating that

“Your application does not meet with the requirements of the Patents Rules…”

If you have received such a letter, particularly one advising you to speak to an IP advisor, you will now be aware that only 4-6% of patent applications filed without professional representation successfully reach grant.

Reading this can feel daunting. However, it is important to remember that this stage is procedural. It is not a refusal of your invention, and with the right guidance, many applications can be put back on track.

What is a “Preliminary Examination Report under Section 15A”?

To obtain a granted patent, your invention must satisfy these three criteria:

• your invention must be new;
• your invention must not be an obvious adaptation of what already exists; and
• your invention must have some practical use (or, “industrial applicability”).

When you file a patent application, it will later undergo search and examination, wherein a patent examiner will assess your invention against these criteria.

Before the application undergoes any technical search and examination, the UKIPO conducts a “formalities examination”, or the “preliminary examination under Section 15A”. This stage checks whether your application complies with the Patents Act 1977 and the Patents Rules 2007, focusing “only on the appearance and format of the application”.

Receiving such a report does not imply your invention lacks merit; it simply identifies procedural steps that must be addressed before the UKIPO can examine your application in detail.

What should you do if you receive a “Preliminary Examination Report under Section 15A”?

First and foremost: do not panic. 

A report under Section 15A is not a refusal. It is simply a procedural checkpoint.

However, it will come with clear deadlines. If you wish to continue with your patent application, you must respond within those time limits, and, naturally, how you respond depends on the issues raised in the report:

• Minor administrative issues (e.g., unpaid search fees or missing forms) can often be corrected relatively straightforwardly.
• More substantive issues (e.g., concerns about the technical sufficiency of the application) can be more complex.

You cannot add new technical information to a patent application that was not present in the original filing. If a disclosure is technically insufficient, correcting the issue may require re-drafting and subsequent re-filing of your application. Re-filing means losing your original filing (or priority) date, which can compromise patentability if the invention has been publicly disclosed since you filed the original patent application.

If the invention has been publicly disclosed since you filed the original patent application, we still strongly recommend getting in touch. It may be possible to work from the self-drafted application, or, if not, we can help protect any future adaptations to your invention before they are disclosed to the public.

Because of these strict rules, early professional advice can be crucial once a Section 15A report is issued.

Concluding remarks

Receiving a report under Section 15A can feel daunting, especially for self-represented applicants. However, this report is not a rejection; it’s merely a checkpoint designed to ensure all formal requirements are met before substantive examination begins.

With prompt action and professional guidance, many formalities issues can be resolved efficiently, helping your application proceed toward search and technical examination.

If you have received one of these communications from the UKIPO, please do get in touch with us right away for expert guidance. We recommend that you keep your invention a secret in the meantime if the invention has not been publicly disclosed already. 

If you have any questions regarding this article, or would like further assistance, please contact your usual Swindell & Pearson attorney or Dan Hanna, the author of this article.