How to patent an idea invention
If you have a new product idea or invention and wish to protect it from being copied, you must apply for a patent with the UK Intellectual Property Office (IPO).
What is a Patent and why does it matter ?
A patent is a form of intellectual property (IP) granted by a government authority, providing territorial protection for a limited time - typically up to 20 years in the UK.
It is a legal right that confirms the inventor’s ownership of a specific product, process, or technological innovation, and grants exclusive rights to make, use, sell, or license the invention without competition within the protected region.
In the UK, patent applications are submitted to and examined by the Intellectual Property Office (IPO).
While it is not legally required to hold a patent in order to develop, launch or sell a new product, obtaining patent protection becomes essential if you wish to :
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Safeguard your technology from unauthorised use
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License or assign your invention to others
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Attract investors or raise funding
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Increase the commercial value and marketability of your innovation
Patent strengthens your position - legally and commercially, by providing enforceable rights and unlocking opportunities for monetisation, licensing and investment.
Patent Application Process
Before filing a patent application, it's essential to conduct due diligence to determine if patent protection is appropriate for your invention. Not all products or ideas are patentable or should be pursued.
1. Confirm Your Invention Is Patentable
To be patentable, your idea must be new, inventive, and capable of industrial application. We offer professional patent search services to determine if your invention meets the necessary criteria.
To qualify for a patent in the UK, your invention must meet the following criteria :
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Novelty : Your invention must be new and not disclosed to the public before filing.
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Inventiveness : It must involve a non-obvious step over existing knowledge.
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Industrial applicability : It must be capable of being made or used in some kind of industry.
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Technical contribution : Your invention must advance technology in a practical way.
You cannot patent : scientific theories, mathematical methods, artistic works, or methods for mental acts or medical treatments.
2. Conduct a Patent Search
Before filing, it’s essential to check if a similar patent already exists. Click here to learn how !
3. Prepare Your Patent Application
A patent application comprises of four elements :
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Description of your invention, including how it works and how it can be used.
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Claims, which define the scope of the protection you're seeking.
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Drawings (if necessary), illustrating your invention.
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Abstract, summarising the invention in a brief form.
You can prepare the application yourself or hire a patent attorney to help ensure your application is clear and legally sound.
4. Filing a Patent Application
You file your patent application with the UK Intellectual Property Office (IPO) and this can be done online via the IPOs website or through the post.
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The filing fee is currently £60 (if done online).
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You will also need to pay an additional search fee (£150 or £180 depending on the type) and examination fee (£100 or £130 depending on the method).
5. Preliminary Search
Within twelve months of filing, a search request for the patent application must be submitted. During this process, the IPO will search through prior published patents and other documents to determine if the invention is new, novel and inventive.
When the patent search has been completed, the IPO will send a search report identifying any similar patents or documents. This report usually takes around six months to process.
6. Publication of the patent
Approx six months after the Patent Search, the IPO will publish the Patent application in the Patents Journal. The Patent application then becomes a matter of public record.
7. Substantive Examination
Approx six months after the publication date a request for the Patent application to be examined needs to be made.
During this examination, the UK IPO will conduct a thorough review of the application and issue a report detailing any objections or necessary amendments.
8. Patent Grant
If the application meets all the necessary requirements, the UK IPO will issue a letter of "intention to grant" the patent and shortly after, the patent will be granted and a Patent Certificate issued.
Details of the grant will be published in the Patents Journal and added to the IPO's public records.
Timeframe - from application to grant
A typical patent application may take up to five years to be granted. However, the process can be expedited by paying additional fees. Failure to meet any deadlines during the process may result in termination of the application.
Maintaining a granted Patent
Once granted, a patent remains in force for 20 years, provided that renewal fees are paid annually. Failure to pay the renewal fees within the specified time limits can result in the termination of the patent.
The cost to apply for a patent
To cost to apply for a UK patent is circa £350.00 (the approx. Intellectual Property Office fees) if you "do-it-yourself" or between £2000.00 to £6,000.00 (depending on its complexity) if you employ a patent agent / attorney.
The importance of employing intellectual property experts to draft and file a patent
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 you cannot afford to appoint a patent agent / attorney
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.