HOW TO PATENT AN NEW PRODUCT IDEA INVENTION

STEP ONE - CHECK IF YOUR IDEA IS PATENTABLE

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The first step is to determine whether your idea is patentable. In the UK, a patent will only be granted if the invention is new, inventive and capable of industrial application.

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Novelty requires that your invention has not been disclosed publicly in any form, whether online, in publications or through conversations, prior to filing. Inventiveness means that your invention must represent a new solution or improvement that would not be obvious to someone skilled in the relevant field. Industrial applicability requires that the invention can be produced, applied or used in some form of industry. Certain types of ideas are excluded from patentability, such as scientific theories, mathematical methods or purely artistic works and cannot be protected under UK patent law.

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STEP TWO - CONDUCT A PATENT SEARCH

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Once you have determined that your invention is potentially patentable, the next stage is to conduct a patent search. This involves checking existing patents to ensure that a similar product or invention has not already been filed or granted. Searches can be carried out using the UK Intellectual Property Office (UKIPO) database or international tools such as Espacenet. Conducting a thorough search helps avoid investing time and resources in an invention that cannot be patented due to prior art.

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STEP THREE - PREPARE A PATENT APPLICATION

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The following step is to prepare a patent application, which can be done either by yourself or with the assistance of a professional patent attorney. A patent application includes several key elements: a title identifying the invention, an abstract summarising the invention’s technical aspects, a detailed description explaining how the invention works and claims that define the specific features for which protection is sought. Where relevant, drawings or diagrams should also be included to visually represent the invention. Properly drafting the application is critical, as it directly affects the scope and enforceability of the patent.

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STEP FOUR - FILE YOUR PATENT APPLICATION

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After the application is prepared, it must be filed with the UK IPO. Applications can be submitted either online or by post. Once filed, your invention enters the “patent pending” stage. Following filing, the IPO will carry out a patent search and examination. You will receive a search report within approximately six months, highlighting any potential conflicts with existing patents. If the search report is favourable, you can then request a substantive examination to assess whether the invention meets all legal requirements for patentability.

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STEP FIVE - RESPOND TO EXAMINERS' FEEDBACK

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During the examination process, the IPO may issue feedback requesting amendments or clarifications to the claims, description or drawings of your application. Responding carefully to this feedback is essential to address the examiner’s concerns and move the application toward approval.

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If the examination process is successful, the patent will be granted. At this stage, you will need to pay the grant fee and begin maintaining the patent by paying annual renewal fees, which commence from the fifth year following the filing date. A granted patent in the UK provides exclusive rights to the invention for up to 20 years, provided renewal fees are maintained.

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THE COSTS INVOLVED

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Regarding costs, filing a UK patent yourself involves the following IPO fees: an initial application filing fee of approximately £60, a search fee of £150 and an examination fee ranging from £100 to £130, depending on whether you file online or on paper. Hiring a patent attorney to draft and file the application increases the cost, generally ranging from £2,000 to £6,000, depending on the complexity and technical nature of the invention. While self-filing reduces upfront costs, professional assistance significantly improves the likelihood of obtaining a strong and commercially valuable patent.