APPLY FOR A PATENT

​If you have a new product idea or invention and want the legal right to exclusively develop and commercialise it, you will need to apply for a patent through the UK Intellectual Property Office (IPO). A patent gives you the ability to prevent others from making, using, selling or importing your invention within the UK, providing a critical layer of protection and potential commercial advantage.

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WHAT IS A PATENT ?

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A patent is a form of intellectual property (IP) right granted by a government that provides the patent holder with exclusive territorial rights for a limited period. It is a formal legal document that confirms your ownership of the disclosed invention, product or technical specification. A UK patent allows you to pursue commercialisation without competition within the territory and grants enforceable legal rights against unauthorised use by others. In the UK, patents are administered entirely by the IPO, which processes applications, conducts examinations and ultimately grants or refuses patents based on statutory requirements.

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Before applying for a patent, it is essential to carry out due diligence to ensure that patent protection is appropriate. Not all ideas, inventions or products are eligible for a patent and some may not be commercially viable to pursue. Assessing novelty, inventiveness, industrial applicability and potential market value beforehand can save time, costs and resources.

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WHAT A PATENT APPLICATION INCLUDES

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A complete UK patent application comprises four key components. The first is a written description, also called a specification, which details the technical aspects of the invention, explaining how it works and how it can be implemented or manufactured. This is accompanied by drawings that visually represent the invention and illustrate features described in the specification. The third component is a set of claims, which define the unique and inventive technical features of the invention for which you are seeking protection. Finally, an abstract provides a concise summary of the invention’s technical aspects, allowing others to quickly understand its purpose and key innovations.

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Each component plays a crucial role in establishing the legal scope and enforceability of the patent. A well-prepared application increases the likelihood of a successful grant and strengthens the patent’s value as a commercial asset.

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FILING YOUR APPLICATION

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Once your patent application is complete, it can be submitted to the UK IPO either online or by post. Online filing is generally the fastest and simplest method, allowing you to submit the application electronically via the IPO website. Postal filing requires completing Form 1 (Request for Grant of a Patent) and sending it to the IPO at Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ.

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The basic online filing fee is currently £60, although this is subject to change. Additional fees apply for conducting a patent search and requesting a substantive examination.

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SEARCH AND EXAMINATION

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After filing, the IPO will carry out a patent search to determine whether your invention is truly novel. This preliminary search is an essential part of the process and typically costs around £150. Following the search, you must request a substantive examination, which involves a detailed review of the invention to confirm that it meets all legal patentability requirements, including novelty, inventive step and industrial applicability. The examination fee is currently approximately £100.

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During this stage, the examiner may raise objections or queries, prompting the applicant to amend the claims, description or drawings to address these points. Responding thoroughly and accurately is critical for the success of the application.

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PUBLICATION

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Eighteen months after the filing date or priority date, your patent application will be published in the Patents Journal, making the details of the invention publicly accessible. Although the application has been published, the patent is still pending and you do not yet have the full enforceable rights of a granted patent.

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EXAMINATION REPORT AND AMENDMENTS

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The IPO will issue an examination report highlighting any issues or required changes in your application. You have the opportunity to respond by amending the claims, specification or drawings to ensure compliance with patent law. Careful attention to this process can significantly influence the strength and enforceability of your eventual patent.

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GRANT OF PATENT

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If the IPO determines that your application meets all legal requirements, your UK patent will be granted. The grant is officially recorded and your invention is published as a granted patent in the Patents Journal. Once granted, the patent provides exclusive rights for up to 20 years, provided that annual renewal fees are paid. Failure to maintain these fees can result in the patent lapsing, removing your exclusive rights and leaving the invention unprotected.