I want to patent my idea invention...
what do I do ?
If you have a new product idea or invention and want to protect it from being copied, you need to file a patent application with the UK Intellectual Property Office (IPO).
A patent is an intellectual property right granted by a country's government as a territorial right for a limited period. It’s a legal document that confirms you are the legal owner of the disclosed material e.g. product, invention, specification and have the exclusive rights to freely pursue it (without competition) within the territory.
In the UK, patent applications are made to and processed by the Intellectual Property Office (the IPO).
• A written description.
• Accompanying drawings that correspond with the description.
• A list of claims that define the distinctive technical features of the invention.
• An abstract’ that provides a summary of the technical aspects of the invention.
Patents make it illegal for anyone except the owner or someone with the owner’s permission to make, use, import or sell the patented material in the country where the patent was granted.
Once the application has been filed with the IPO (which is known as the "patent pending" stage), they will conduct a preliminary search, publish the application, and carry out a substantive examination. If the application meets the IPO's criteria, the patent will be granted – which means you are the legal owner of the disclosed material (e.g. product, invention, specification) and have the exclusive right to freely pursue it (without competition) within the territory.
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Filing the Application: Once the application has been drafted and compiled, it can be filed with the IPO - either through the post or online.
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After filing and paying the application fee, the IPO will provide a receipt containing the application number and filing date.
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Within 12 months of the filing date, a request for the patent to be searched needs to be made.
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The IPO with then undertake a preliminary search and produce a search report.
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Approx 18 months from the initial filing date, the IPO will publish the patent application in the Patents Journal and list it in their public records.
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Within six months of publication data, a request for the application to be examined needs to be made.
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The IPO with then undertake a substantive examination to establish compliance, novelty, inventiveness, industrial applicability and technical contribution.
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If all criteria are satisfied, the examiner will issue a notice of intent to grant, followed by the issuance of a patent certificate.
The costs to applying for a UK patent can range from around £400 if you produce and file the application yourself, to £2,000 and £6,000 if you hire a patent attorney (depending on the complexity of the invention).
Patent application process costs are spread over a period of time.
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Initial cost - the drafting and filing of the application.
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12 months later - the Preliminary Search cost.
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12 months later - the Substantive Examination cost.
If you draft and file the application yourself, the costs to you would be the official Patent Office fees - which slightly differ when paper filing compared to filing online.
If you employ a Patent Attorney / Agency, every action they undertake on your behalf (including discussing matters with you, liaising with the Patent Office etc) will attract a cost based on the firms hourly rate scale - unless you've agreed a fixed fee arrangement - which is how we operate.
There is no law that dictates you have to use a patent agent / attorney to draft, file and secure new technological rights with the Patent Office. Anyone can do it ! However just because you can, doesn't mean you should.
Unless you have the necessary experience and training, you will simply not have the expertise to :
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Assess the prior art.
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Understand what can and cannot be done to circumnavigate around the prior art.
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Compile the application that robustly protects the technology that prevents others from circumnavigating around the patent and gaining an advantage.
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Respond and overcome any objections the Patent Office raises.
WHAT IF I CANNOT AFFORD TO APPOINT ONE
You need think very carefully before proceeding.
One of the reasons why inventors apply for a patent is to gain a legal right to exclusively pursue, commercialise and monetise a new product invention idea. However intellectual property is just one step in the commercialisation process.
If the funds are not available to cover patent agent / attorney costs, how will product development, design, prototyping, testing and marketing be funded ? The other mandatory elements required for the commercialisation process.
How iI can help you compile and file a patent
We support inventors from idea to patent.
In collaborating with our patent partners - DF Bluem :
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We will provide an honest appraisal on your project and examine patent suitability.
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Make suggestions to improve the commerciality of your design and the chances of obtaining a grant.
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Undertake a free patent search prior to proceeding with the application process.
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Produce 3D CAD design and patent-ready drawings
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Design and build prototypes to verify the commerciality of the design.
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Prepare and file your UK, international patent application and pursue it through to grant.
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Deal with any IPO objections and maintain and file renewals.
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Advise on ways of leveraging your IP rights, including using the Patent Box.
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Assist with the transfer of your legal rights to a third party.
Protecting your invention starts with the right support.
Contact us today for tailored invention help and expert guidance on patenting your idea.
Our advice is completely free and without obligation - and we guarantee to save you on average 30% on typical patent agent / attorney costs.