Patents are the most difficult form of protection to get. Check if a patent is right for your business before you apply for one. You should only apply for a patent if: your invention is new - check for similar ones by searching published patents , the internet and trade publications you have the time and money for the application process The application process is: complicated - only 1 in 20 applicants get a patent without professional help expensive - with professional help, applications typically cost £4,000 long - it usually takes 5 years If you get a patent, you’ll also have to pay to renew it each year and the costs of legal action if you need to defend it. Other ways to protect your intellectual property Other types of protection might be more appropriate for your business. For example, you can use: trade marks - if you can create a brand and be first to market design rights - if how your product looks (rather than how it works) is important and innovative non-disclosure agreements to keep it secret before launch - this can provide enough protection if your product is likely to sell for only a short time Getting help You can get a professional to help you decide whether a patent is right for your business. You may be able to get free advice by: speaking to a patent attorney or other professional advisor - many offer basic advice for free attending an intellectual property ( IP ) clinic going to the British Library Business and IP Centre in London This advice will be confidential. Do not talk to other people without a non-disclosure agreement , or you may not be able to patent your invention. You can get help with this from a patent attorney or solicitor .

If you decide to apply

When you’ve checked that a patent is right for your business , you should find a patent attorney or advisor. They will: help you prepare your application correctly - you cannot add in additional information later give you the best chance of being granted a patent try to make your patent as commercially valuable as possible You may be approached by companies offering to promote your invention for a fee. Get independent legal or financial advice before you agree to anything. Applying for a patent If you work with a patent attorney or advisor, they’ll help you through the application process. Applications typically cost £4,000 and the process usually takes 5 years. There are 8 steps if you apply for patent protection in the UK through the Intellectual Property Office ( IPO ). Search for similar patents to make sure your invention is new. Prepare your patent application . File your patent application and request a search from IPO . Receive your search report (usually within 6 months) and decide whether you want to continue with your application. Your application will be published 18 months after you file it. Ask for a ‘substantive examination’ within 6 months of publication. Respond to comments from IPO ’s ‘substantive examination’. The examination may take place several years after you file your application. Your application will be granted or refused . You can commercially benefit from your patent once it has been granted, for example license, sell or mortgage your patent. Do not make your invention public before you apply. You may not be able to patent it if you do. Other ways to get a UK patent You can also file a UK patent application through the: European Patent Office ( EPO ) World Intellectual Property Organization ( WIPO )

Prepare your application

If you work with a patent attorney or advisor, they’ll help you through the application process. A patent application is made up of 4 parts that need to meet specific criteria. You must include: a description of your invention that allows others to see how it works and how it could be made legal statements that set out the technical features of your invention that are to be protected (known as ‘claims’) a summary of all the important technical aspects of your invention (known as the ‘abstract’) You should also include any drawings you need to illustrate your description. The fees are higher if your description has more than 35 pages or you include more than 25 claims. Read the patent application fact sheets for instructions on how to produce each part of your application. You have to submit your description and any drawings with your application form. You can file your claims and abstract once your patent is pending , but it’s best if you submit all the parts together. Academic papers You can send academic papers as part of your patent application, to help describe your invention. You still need to send a description, drawings and claims. ‘Statement of inventorship’ You need to complete a statement of inventorship if: you’re not the inventor there’s more than one inventor and they’re not listed as applicants you’re applying on behalf of a company The statement provides the Intellectual Property Office ( IPO ) with more information about who the inventor is and why you have the right to apply for the patent. Submit your ‘statement of inventorship’ online when you apply for a patent , or do it later by filing documents for a pending UK patent . Alternatively, download the ‘statement of inventorship’ form and send it with your application.

If you work with a patent attorney or advisor, they’ll help you through the application process. You can file a UK patent application with the Intellectual Property Office ( IPO ). Read the patent application fact sheets for instructions on how to produce each part of your application. You can apply either: online by post You can request and pay for your search and examination at this point or later in the process . You can also wait to pay the application fee. Fees Stage Apply online Apply by post Application (if you pay when you apply) £60 £90 Application (if you pay later - before 31 March 2021) £60 £90 Application (if you pay later - after 31 March 2021) £75 £112.50 Search £150 (plus £20 for each claim over 25 claims) £180 (plus £20 for each claim over 25 claims) Substantive examination £100 (plus £10 for each page of description over 35 pages) £130 (plus £10 for each page of description over 35 pages) If you get a patent, you’ll also have to pay to renew it to keep it in force. Get your patent granted more quickly You can get your application processed more quickly if you file your search and examination requests at the same time as you apply. This costs the same as applying separately and means they’ll be processed at the same time. You may also be able to get a ‘fast grant’ if, for example: your invention has some sort of environmental benefit (green channel) you’ve already submitted a patent application for your invention at another patent office (Patent Prosecution Highway) Read the patents fast grant guidance .

Request your search and examination

If you work with a patent attorney or advisor, they’ll help you through the application process. As part of the application process, you must pay for a patent search and a ‘substantive examination’. You can request the search either when you apply or later in the process. You must request your search within 12 months of your filing or priority date. You must request your examination within 6 months of publication. Patent search The Intellectual Property Office ( IPO ) carries out a search to check whether your invention is new and inventive. You have to request and pay for your search within 12 months of your filing date or priority date . You’ll be sent the results and told if any part of your application is not right. Read the search report factsheet . Search reports can take up to 6 months. Publication Your application will be published 18 months from your filing or priority date, provided it’s complete and passes the search. The open part of your application, which includes your address, will be publicly available in the: online patents journal on the IPO website IPO records ‘Substantive examination’ The examination checks whether your invention is new and inventive enough. It also checks that your description and claims match and are good enough to patent. The examination will show if your application meets the legal requirements. You’ll be told what you need to do if it does not. You must request an examination of your patent application within 6 months of publication. Examinations can take place several years after you file your application. How to apply You can apply online or by post for both the search and examination. Apply online You can request your search and examination either: with your initial application later in the process You must request your search within 12 months of your filing or priority date and examination within 6 months of publication. Apply by post Download the forms: search request form examination request form Fill in and post the forms. The address is on the forms.

If you work with a patent attorney or advisor, they’ll help you through the application process. You’ll be sent a receipt with your application number and filing date (the date your application is received). You’ll be told what to do next and when. After you’ve applied you can mark your invention as ‘patent pending’ or ‘patent applied for’. You can either add the patent number and say that you applied for it in the UK, or use a web address instead if the patent number is online. If you use a web address, make sure the patent number and the product it relates to are clearly displayed on your website. If your patent is granted: your application will be published in its final form you’ll be sent a certificate You’ll be responsible for renewing and defending your patent. File more documents once your patent is pending You may need to file more forms and documents once you have a patent pending (for example a form to request a search, or a document with your claims). You must send your claims, abstract, application fee and search fee within 12 months of your filing date. If your application includes a ‘priority date’ from an earlier application You must send your claims, abstract, application fee and search fee within whichever of the following is later: 12 months of the date when you filed your previous application (the priority date) 2 months of your current filing date Withdraw your application You can withdraw your application for any reason, for example to stop it becoming public. To stop your invention entering the public domain you must withdraw your application before it’s published. You can ask for a withdrawal up to the day before the deadline given in your search report. Withdraw by email Email withdraw@ipo.gov.uk with your patent application number in the subject line. Clearly state that you want to withdraw in the body of the email. State why you have the authority to withdraw the application, for example that you’re the applicant or their agent. Withdraw by post You can also withdraw by post - mark your request as urgent if there’s less than 3 weeks until publication. Intellectual Property Office Concept House Cardiff Road Newport South Wales NP10 8QQ United Kingdom Make a new application with a priority date You can withdraw your application and reapply if you want to change it for any reason, for example if you’ve developed your invention since you first applied or have new information. You can use the filing date of your earlier application (known as the priority date) if your new application is made within 12 months. Terminated applications Your application will be terminated if you do not submit the right documents, forms and payment when asked to. You may be able to reopen your application if you apply within 12 months of termination. You need to be able to show: why you failed to meet the requirements that the failure was not intentional when you became able to meet the requirements Because of coronavirus (COVID-19), until 31 March 2021 you will not have to pay to reopen your patent application. Reopen your application Download the reinstatement request form . Send the form, your fee and any supporting evidence to IPO . If your request is granted, you must meet the requirements within 2 months. You can ask for an ex parte hearing if you’re turned down, where you can put your case to a senior official.

International patents

A patent only protects your invention in the country where the patent is registered. For protection overseas, you can: file a single application under the Patent Cooperation Treaty (PCT) for protection in more than 140 countries file a single application with the European Patent Office (EPO) for protection in more than 30 countries in Europe apply separately to the patent office of each country where you want a patent Read the guidance on filing a patent abroad for basic information on filing for international protection.

Patenting your invention

What you can patent

You can use a patent to protect your invention. It gives you the right to take legal action against anyone who makes, uses, sells or imports it without your permission.

To be granted a patent, your invention must be all of the following:

something that can be made or used
new
inventive - not just a simple modification to something that already exists

Patents are expensive and difficult to get. Before you apply, check if a patent is right for your business.

What you cannot patent

You cannot patent certain types of invention, including:

literary, dramatic, musical or artistic works
a way of doing business, playing a game or thinking
a method of medical treatment or diagnosis
a discovery, scientific theory or mathematical method
the way information is presented
some computer programs or mobile apps
‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties

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