How to patent an idea in the UK – Let us show you the way
Patents are considered to be the strongest and most comprehensive type of intellectual property protection right. Each country has its own patent laws and regulations. In this article we will focus on how to patent an idea in the UK.
Table of Contents
The basics
What is a patent?
A patent is an intellectual property right. Intellectual property (IP) rights refers to protections on creations of the mind: for example patents, designs, trademarks etc).
A patent is granted by a country’s government Intellectual Property Office(IPO) in its own territory for a limited period of time during which the patent gives its owner the sole right to manufacture, use, import or sell the invention (by himself or via licensing to others). The patent right is in-forced only in the country where the patent was granted.
In the UK (as in most countries) patents are granted for a 20 year period and are valid throughout the UK so long as annuity fees are paid every year.
What makes an invention patentable? Can you get a patent on an idea?
UK’s patent laws describe three main conditions that makes an invention patentable:
“... (1) A patent may be granted only for an invention in respect of which the following conditions are satisfied, that is to say - (a) the invention is new; (b) it involves an inventive step; (c) it is capable of industrial application;...”
a) The invention is new
That means there is no kind of public disclosure of the invention by anyone anywhere in the world. In other words there mustn’t be any prior public disclosure ( products, process, information in literature, articles, internet posts etc.) in the United Kingdom or elsewhere in the world by any person – including the inventor!
b) The invention involves an inventive step:
The British law describe an invention which includes an inventive step as “An invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art”
c) The invention is capable of industrial application:
There are specific stipulations of what can’t be patented:
“...(2) It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of - (a) a discovery, scientific theory or mathematical method; (b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever; (c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer; (d) the presentation of information….”
How to patent an idea in the UK: A step-by-step guide
After understanding what a patent is and what makes an idea patentable we can explain how to patent an idea in the UK
Step 1: “Does my invention exist?” Self and professional patentability search
Use Google and Google scholar to search for general prior art (products, articles, scientific literature etc.) and free patent databases such as Google patents, espacenet and patent scope for patents and patent applications.
There are two points worth mentioning –
- Patents are written in complicated legal language – during your search you may stumble on a patent that describes your idea, but you may not understand its relevance due to its legal language.
- The open public patent databases (Google patents, espacenet etc.) don’t cover all patents in all countries and all languages.
These facts make it crucial to order a patentability search from people with a great understanding of how to patent an idea in the UK. More precisely, a patent search company with professional patent searchers who are experts in both the legal aspects of patents and in using professional paid patent search tools.
Step 2 : Consult a patent attorney/ agent
It’s recommended to contact a patent attorney, agent or IP consultant, and go over the findings of the patentability search report.
Step 3: Choose the right patent filing mechanism
The most trivial and obvious step is to file the patent in the UK. However if you intend to try and get international patent rights (as mentioned – A UK patent will only protect you in UK’s boundaries) you should consider other mechanisms such as the PCT.
Step 4: Draft a full patent application
Draft a full patent application (it is highly recommended to attain the service of a patent attorney/ agent)
According to the UK Intellectual property office (IPO), a patent application should include:
- A full description allowing others to see how it works and how it could be made.
- Drawings.
- Claims: precise legal statements in the form of single sentences that define your invention by setting out its distinctive technical features
- Abstract: A summary that includes all the important technical aspects of the invention
A patent application should also include a background summary (State of the art, i.e. – what is known in the invention field). But the most important part are the claims – the exact legal description of the invention’s essence on which the patent is going to protect,
Step 5: File the application
You (or as highly recommended your professional IP advisor/ patent attorney/ agent) file the application together with all the relevant forms and pay fees according to the UK IPO filing procedures
Step 6: Search and examination
After filling in and filing the relevant forms (see: IPO – Examination) together with the appropriate fee, the IPO will conduct a search and will send notification if anything needs to be amended.
Most applications are not approved immediately, but rather get rejections from the patent examiner. You (via your patent attorney/ agent) may file a response arguing with the examiner or make changes in the application claims according to the examiner’s remarks and then file a response.
After that the examination process can take anywhere between a few months to several years.
Step 7: Your Patent is Granted!
If your application meets all the requirements of the UK Patents Act (as described in broad terms above) , the IPO will grant the patent, publish the application in its final form and send you a formal certificate.
It is important to note two things:
- You must pay annuity fees every year (or few years), in order to keep the patent in-force during its 20 years life. (the patent expires after 20 years and becomes public domain).
- The IPO (as other patent authorities worldwide) does not enforce patents and infringement issues. If you find your patent is being unlawfully used (i.e. infringed) you must actively take appropriate legal actions, like a patent invalidity search (as throughout the entire process it is highly recommended to get legal advice before taking any such action).
Now you know how to patent an idea in the UK, Good luck!
