Applying for a Patent

If you have a new product idea invention and want to legally protect it from being copied, you need to apply for a patent with the UK Intellectual Property Office (IPO).

A patent is an intellectual property right granted by a country's government as a territorial right for a limited period. It’s a legal document that confirms legal ownership of the disclosed material e.g. product, invention, specification and grants an exclusive right to freely pursue it (without competition) within the territory.

In the UK, patent applications are made to and processed by the Intellectual Property Office (the IPO).

To apply for a patent, you need to file a patent application. However, before applying for a patent and proceeding to protect your new product idea invention, it’s crucial to conduct due diligence to determine if patent protection is suitable and the correct approach. Not all new products, ideas, or inventions are patentable, and or should be pursued.

A patent is made up of four parts

A written description, disclosing the technical aspects of the new product idea invention.
Accompanying drawings, corresponding with the description.
A list of claims, defining the distinctive technical features of the invention.
An abstract’, a summary of the technical aspects of the invention.

Patent Application Process

Once the application has been completed, Form 1 ‘request for grant of a patent’ needs to be completed and forwarded together with the patent application and fee to the UK IPO. Once filed, the IPO will issue a receipt with the application number and filing date.
Requesting a search: Within 12 months of filing, a request for the patent to be searched needs to be made.
Publication: After 18 months from the filing date, the IPO will publish the patent application in the Patents Journal and list it on their public records.
Requesting substantive examination: Within six months of publication, you must request a substantive examination of the application.
Grant of the patent: If all requirements are met, the examiner will issue a notice of intent to grant, and the patent will be granted with a certificate issued.

The patent process from application to grant can now take approximately four - five years.

Just as long as renewal fees are paid each year, a granted patent remains in force for 20 years.