How do you patent an idea

You cannot patent an idea. You can patent inventions, products or a process that is new, novel and inventive, that's capable of industrial application.

 

Here's a step-by-step guide to patenting an invention in the UK :

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1. Firstly check if your idea Is patentable

 

For an invention, product or process to be eligible for patent protection, it must meet the following criteria :

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• Novelty : It must be new and not disclosed to the public prior to filing.

• Inventiveness : It must involve an inventive step that isn’t obvious based on existing knowledge.

• Industrial applicability : It must be capable of being used or produced in some form of industry.

• Technical contribution : It must contribute something new or improved in terms of technology.

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You cannot patent :

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• Scientific or mathematical discoveries.

• Artistic creations like literature or music.

• Methods for performing mental acts.

• Methods for medical treatment.

 

2. Conduct a Patent search to check is your idea has already been patented

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You can do this using the UK Intellectual Property Office (IPO) search tool or use databases like Espacenet for international patents.

 

3. Prepare the 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.

• Claims, which define the scope of the protection you're seeking.

• Drawings (if necessary), illustrating your invention.

• Abstract, summarising the invention in a brief form.

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You can prepare the application yourself or hire a patent attorney to help ensure your application is clear and legally sound.

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4. Filing the Patent Application

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• 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.

• The filing fee is currently £60 (if done online).

• 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).

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5. Patent Search

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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.

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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.

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6. Publication

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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.  

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7. Substantive Examination

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Approx six months after the publication date a request for the Patent application to be examined needs to be made. 

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During this examination, the UK IPO will conduct a thorough review of the application and issue a report detailing any objections or necessary amendments.

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8. Patent Grant

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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.

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UK Intellectual Property Office (IPO) costs

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• Application Fee: £60

• Search Fee: £150-£180

• Examination Fee: £100-£130

• Renewal Fees: Annually starting from the 5th year