DF Bluem - Patent Attorney Agent Leeds. Free Patent Advice and Guidance.

I WANT TO PATENT MY IDEA INVENTION...
WHAT DO I DO ?

If you have a new product idea or invention and want to safeguard it from being copied, the first step is to file a patent application with the UK Intellectual Property Office (IPO). A patent is a form of intellectual property right granted by a government, giving the patent holder exclusive rights to use, make, sell or import the invention within a specific territory for a limited period of time. Essentially, it is a legal document confirming you are the official owner of the invention and allowing you to commercialise it without competition.

In the UK, patent applications are filed directly with the IPO, which manages the examination, processing and eventual grant of patents. This ensures that your invention is formally recognised and legally protected under UK patent law.

THE STRUCTURE OF A PATENT

A UK PATENT CONSISTS OF FOUR MAIN PARTS

A written description – This explains the invention in detail, providing enough information for a person skilled in the relevant field to understand and reproduce it.
Accompanying drawings – Visual illustrations that correspond with and clarify the written description, helping to demonstrate the technical aspects of the invention.
A List of Claims – These define the specific technical features that distinguish your invention from existing solutions and determine the scope of legal protection.
An Abstract – A concise summary of the invention, highlighting its technical aspects and key innovations.

These components work together to provide a clear, legally enforceable framework for your invention, making it illegal for anyone other than the patent owner - or someone authorised by them - to make, use, import or sell the invention within the UK.

THE PATENT APPLICATION PROCESS IN THE UK

Once a patent application has been submitted to the IPO, the invention enters the “patent pending” stage. During this period, the IPO will :

Conduct a preliminary search to check for prior art and assess novelty.
Publish the application, making the invention publicly disclosed.
Carry out a substantive examination to ensure it meets the legal and technical criteria for patentability.

If the IPO determines that the invention satisfies all requirements, the patent is granted. At this point, you become the legal owner of the invention, with exclusive rights to use, manufacture, sell or license it in the UK.

HOW LONG DOES THE PATENT PROCESS TAKE

Currently, the process from initial application to grant typically takes approximately four to five years, depending on the complexity of the invention and the IPO’s examination schedule.

THE IMPORTANCE OF DUE DILIGENCE BEFORE FILING

Before filing a patent application, it is essential to conduct thorough due diligence and a patent search to assess whether patent protection is suitable for your product or invention. Not all ideas, inventions or new products are patentable. Factors to consider include :

Novelty – has the invention been disclosed publicly anywhere in the world ?
Inventive step – does it offer a significant technical advancement over existing solutions ?
Industrial applicability – can it be practically used or manufactured ?
Commercial viability – will patent protection add tangible business value ?

Careful consideration at this stage can save time and costs while ensuring your patent strategy aligns with your broader commercial goals. Filing a patent without proper due diligence may result in applications that fail, weak protection or unnecessary expenses.