How to Patent a Product

To patent a new product in the UK, you’ll need to follow a series of steps to ensure your invention is legally protected. Here’s a breakdown of the process.

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1. Check Patentability

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• Novelty : The invention must be new. It shouldn't have been made public in any form (including online or in other countries).

• Inventive Step : The invention must involve an inventive step that isn't obvious to someone with knowledge in the relevant field.

• Industrial Applicability : It must be capable of being made or used in some kind of industry.

• Exclusions : Certain things, like scientific theories, mathematical methods, or business methods, cannot be patented.

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2. Conduct a Patent Search

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Before applying, conduct a patent search to ensure your product doesn’t already exist or hasn't been patented. You can use :

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• The UK Intellectual Property Office (IPO) patent search tool

• The European Patent Office (EPO) database

• Worldwide databases such as Google Patents.

 

3. Prepare Your Patent Application

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A patent application includes the following :

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• Description: A detailed explanation of how your invention works.

• Claims: Specific legal statements that define the scope of your invention.

• Abstract: A brief summary of your invention.

• Drawings (if applicable): Illustrations showing how the invention works.

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It’s recommended to hire a patent attorney to help draft the application, as the language used in the claims section can be crucial to protecting your rights.

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4. File Your Application

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You can file your patent application online via the UK Intellectual Property Office (IPO). The filing fees start at £60 (for online applications) and rise based on the complexity of your application.

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5. Preliminary Examination

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Once filed, the IPO will conduct a preliminary examination to ensure all formal requirements are met.

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6. Publication

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After around 18 months, your application will be published by the IPO, whether it’s granted or not. This makes the details of your invention public.

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7. Request a Substantive Examination

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After publication, you’ll need to request a substantive examination (within 6 months of publication). The cost for this is £100-£150. This examination determines whether your invention is new, involves an inventive step, and is industrially applicable.

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8. Examination Report

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If the IPO identifies any issues, they’ll send an examination report. You’ll have the opportunity to amend your application to overcome these objections.

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9. Patent Grant

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If your application passes the substantive examination, you will be granted a patent. Once granted, you’ll need to pay annual renewal fees starting from the 5th year to keep your patent in force.

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Costs

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The total cost of obtaining a patent varies, but it can range from £4,000-£20,000, depending on the complexity and whether y

ou hire a patent attorney.

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International Protection

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A UK patent only protects your invention in the UK. If you want protection in other countries, you may :

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• Apply for a European patent through the EPO.

• Use the Patent Cooperation Treaty (PCT) to file an international application and later choose the countries in which you wish to seek protection.