How to Patent an Idea

To patent an product in the UK, you'll need to follow a structured process which takes several years. Here’s a step-by-step guide of the process :

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1. Check if Your Idea is Patentable

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A patent is granted only if the invention is:

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• New : It must not have been made public in any way (including online or in conversations) before you apply.

• Inventive : It must be a new solution or improvement that isn’t obvious to others in the field.

• Capable of Industrial Application : It must be something that can be made or used in some kind of industry.

• Excluded from Patentability : Certain ideas, like scientific theories, mathematical methods, or artistic works, cannot be patented.

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2. Conduct a Patent Search

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Check if a patent for a similar product already exists by searching the UK Intellectual Property Office (UKIPO) database or the Espacenet patent search tool. This step is important because it helps you avoid investing time in an product that cannot be patented.

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3. Prepare a Patent Application

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You can write the application yourself or hire a patent attorney to help. A patent application includes :

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• Title of the invention.

• Abstract: A summary of your invention.

• Description: Detailed information about how your invention works.

• Claims: Specific statements that define what your invention does, which will protect it from being copied.

• Drawings (if necessary): Visual representations of your invention.

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4. File Your Patent Application

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You apply for a UK patent through the UK Intellectual Property Office (IPO), which can be filed online or by mail.

5. Patent Search and Examination

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After filing, the IPO will search for any existing patents that may affect your application. You’ll receive a search report within 6 months. If the search report is positive, you can request an examination of your patent within 6 months of receiving the report.

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6. Respond to Examiners' Feedback

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The IPO examiner may request changes or clarifications to the claims and description of your patent. You will need to respond to these requests and adjust your application as necessary.

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7. Grant of Patent

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If the examination process is successful, your patent will be granted. You will then need to pay a grant fee and maintain the patent by paying annual renewal fees. The initial fee is paid from the 5th year after filing.

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8. Maintain the Patent

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Once your patent is granted, it lasts for up to 20 years, but you must pay renewal fees annually from the 5th year onwards to keep it valid.

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Costs

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A UK patent costs...​

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• The initial application filing fee is £60.

• A search fee of £150.

• An examination fee of £100-£130, depending on whether you applied online or on paper.

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if you produce and file the application yourself, but can cost between £2,000 and £6,000 if you hire a patent attorney (depending on the complexity of the invention).