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How to Patent an New Product

To patent a new product in the UK, you need to follow a series of steps to ensure your invention is legally protected. Here’s a breakdown of the process.

1. Check Patentability

  • Novelty : The invention must be new. It shouldn't have been made public in any form (including online or in other countries).

  • Inventive Step : The invention must involve an inventive step that isn't obvious to someone with knowledge in the relevant field.

  • Industrial Applicability : It must be capable of being made or used in some kind of industry.

  • Exclusions : Certain things, like scientific theories, mathematical methods, or business methods, cannot be patented.

2. Conduct a Patent Search

Before applying, conduct a patent search to ensure your product doesn’t already exist or hasn't been patented. You can use :

  • The UK Intellectual Property Office (IPO) patent search tool

  • The European Patent Office (EPO) database

  • Worldwide databases such as Google Patents.

 

3. Prepare Your Patent Application

A patent application includes the following :

  • Description: A detailed explanation of how your invention works.

  • Claims: Specific legal statements that define the scope of your invention.

  • Abstract: A brief summary of your invention.

  • Drawings (if applicable): Illustrations showing how the invention works.

It’s recommended to hire a patent attorney to help draft the application, as the language used in the claims section can be crucial to protecting your rights.

4. File Your Application

You can file your patent application online via the UK Intellectual Property Office (IPO). The filing fees start at £60 (for online applications) and rise based on the complexity of your application.

5. Preliminary Examination

Once filed, the IPO will conduct a preliminary examination to ensure all formal requirements are met.

6. Publication

After around 18 months, your application will be published by the IPO, whether it’s granted or not. This makes the details of your invention public.

7. Request a Substantive Examination

After publication, you’ll need to request a substantive examination (within 6 months of publication). The cost for this is £100-£150. This examination determines whether your invention is new, involves an inventive step, and is industrially applicable.

8. Examination Report

If the IPO identifies any issues, they’ll send an examination report. You’ll have the opportunity to amend your application to overcome these objections.

9. Patent Grant

If your application passes the substantive examination, you will be granted a patent. Once granted, you’ll need to pay annual renewal fees starting from the 5th year to keep your patent in force.

Costs

The total cost of obtaining a patent varies, but it can range from £4,000-£20,000, depending on the complexity and whether y

ou hire a patent attorney.

International Protection

A UK patent only protects your invention in the UK. If you want protection in other countries, you may :

  • Apply for a European patent through the EPO.

  • Use the Patent Cooperation Treaty (PCT) to file an international application and later choose the countries in which you wish to seek protection.

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