PATENTING A NEW IDEA INVENTION

Patenting a new product invention is a detailed and multi-step process that requires careful planning, research and adherence to legal requirements. It is essential for protecting your idea from being copied and for securing the exclusive rights to commercialise your invention.

 

STEP ONE

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The first step in this process is determining whether your invention is patentable. In the UK, an invention must be new, inventive and industrially applicable to be eligible for a patent. This means that your invention cannot have been publicly disclosed anywhere in the world prior to filing, must involve a technical advance that is not obvious based on existing knowledge and must be capable of being produced or used in an industrial or practical setting. Additionally, the invention should contribute something new in terms of technology, providing a solution or improvement that advances the current state of the art.

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Not everything can be patented. Scientific and mathematical discoveries, artistic creations such as literature or music, methods for performing mental acts and methods of medical treatment are excluded from patent protection. Understanding these limitations is crucial to avoid pursuing patent protection for an idea that is not legally eligible, which could result in wasted time and expense.

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STEP TWO

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Once you have assessed the patentability of your invention, the next step is to conduct a thorough patent search. This search helps to identify whether similar inventions already exist and whether your idea is sufficiently novel. In the UK, UK IPO’s search tool provides access to existing patent applications, while global databases such as Espacenet and Patentscope, maintained by the World Intellectual Property Organization (WIPO), allow for international searches. Patent searches can also be conducted at local patent libraries, where experts can assist in identifying prior art. Conducting a comprehensive search is essential to reduce the risk of your application being refused due to lack of novelty or inventive step.

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STEP THREE

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After completing the patent search, the next stage is preparing the patent application. A UK patent application must include a detailed written description of the invention, explaining how it works and how it can be applied or manufactured. Drawings or diagrams that correspond to the written description should be included to illustrate technical features clearly. The claims section defines the distinctive technical features of the invention and determines the scope of legal protection, while an abstract summarises the technical aspects in a concise form. A carefully drafted patent application is critical, as it forms the legal basis for your protection and can significantly impact the strength and enforceability of your patent.

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STEP FOUR

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Once the application has been prepared, it must be filed with the UK Intellectual Property Office (IPO) using Form 1, known as the Request for Grant of a Patent. The submission must include the relevant application fee, after which you will receive a filing receipt and a unique application number. This marks the beginning of the “patent pending” stage, during which your invention is legally recognised as under review but not yet granted.

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STEP FIVE

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Within twelve months of filing, you should request a preliminary search from the IPO using Form 9A. This search evaluates the novelty of your invention and identifies potential conflicts with existing patents. It provides an early indication of whether your invention is likely to meet the IPO’s criteria for patentability.

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STEP SIX

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Approximately eighteen months after filing, the patent application will be published in the Patents Journal. Publication makes the details of your invention publicly available while the patent is still pending. This step is important as it establishes public disclosure and begins the timeline for international patent filings if you choose to pursue protection abroad.

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STEP SEVEN

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Within six months of publication, it is necessary to request a substantive examination using Form 10. During this examination, a patent examiner reviews the application in detail, assessing novelty, inventiveness, industrial applicability and technical contribution. The examiner may raise objections or request amendments, which must be addressed to proceed toward grant.

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STEP EIGHT

 

If the IPO determines that your invention satisfies all legal requirements, the patent will be granted. You will receive a formal patent certificate and the invention will be published in the Patents Journal as a granted patent. At this point, you hold the exclusive legal rights to manufacture, use, sell or license your invention in the UK, preventing others from exploiting it without your permission.

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MAINTENENCE

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A UK patent is valid for a maximum of twenty years from the filing date, provided that annual renewal fees are paid to the IPO. Failure to pay these fees can result in the patent lapsing and your invention would then become available for use by others. Maintaining these fees is essential to preserve the full term of protection and ensure ongoing exclusivity.