Free Patent search
Free Patent search
Free Patent search
FREQUENTLY
ASKED
QUESTIONS
PATENTS AND PATENT PROTECTION
WHAT IS A PATENT
A patent is a legal right that protects a new invention by giving the owner the exclusive right to prevent others from making, using, selling, importing or commercially exploiting the invention without permission. In the United Kingdom, patents are granted by the UK Intellectual Property Office and typically provide protection for up to 20 years, provided the necessary renewal fees are paid.
Patents are designed to encourage innovation by allowing inventors to benefit commercially from their ideas while publicly disclosing how the invention works. In return for this disclosure, the patent owner receives a time-limited monopoly over the invention.
Patent protection can apply to products, processes, machinery, manufacturing methods, chemical formulations and many other technical innovations. However, not every idea is patentable, and strict legal requirements must be satisfied before a patent can be granted.
A professionally prepared patent application helps ensure your invention receives the broadest practical protection while reducing the risk of objections during examination. Seeking advice from an experienced patent attorney at an early stage can significantly improve the quality and commercial value of your patent.
CAN MY INVENTION BE PATENTED
Whether your invention can be patented depends upon whether it satisfies the legal requirements for patentability.
Generally, an invention must be new, involve an inventive step that would not be obvious to someone skilled in the relevant technical field, and be capable of industrial application. It must also relate to patentable subject matter under UK patent law.
Many types of inventions can qualify for patent protection, including mechanical products, manufacturing processes, electronic devices, medical technologies, engineering innovations, consumer products and certain software-related inventions where they provide a technical solution to a technical problem.
Before investing in a patent application, it is often advisable to carry out preliminary patent searches to identify existing patents and published technologies that may affect the likelihood of obtaining protection.
We will assess your invention, discuss its technical features and commercial objectives, and advise whether patent protection is likely to be the most appropriate option.
WHAT CAN AND CANNOT BE PATENTED
Patents protect technical inventions rather than ideas alone. Examples of inventions that may be patentable include mechanical devices, manufacturing equipment, industrial processes, medical devices, electronic systems, chemical compositions, consumer products and technical improvements to existing products or methods.
Certain subject matter cannot normally be patented. This includes scientific discoveries, mathematical methods, artistic works, literary creations, business methods performed purely as commercial schemes, methods of medical treatment, and inventions that are contrary to public policy or morality.
Software may be patentable in certain circumstances where it provides a genuine technical contribution rather than simply carrying out a business or administrative function.
Determining whether an invention falls within patentable subject matter is often a complex legal and technical assessment. An experienced patent attorney can evaluate your invention and advise on the most appropriate form of intellectual property protection.
HOW DO I KNOW IF MY INVENTION IS NEW
One of the most important requirements for obtaining a patent is novelty. Your invention must not have been publicly disclosed anywhere in the world before your patent application is filed.
Existing patents, published patent applications, scientific papers, technical journals, product catalogues, websites, videos, trade exhibitions and even your own public disclosure may all form part of the prior art considered during examination.
Conducting a patent search before filing an application can help identify similar technologies and assess whether your invention is likely to satisfy the novelty requirement. Although no search can guarantee that every relevant document will be found, it provides valuable insight into the existing state of the art.
We can advise on appropriate search strategies and interpret the results, helping you understand how your invention compares with existing technologies before investing in a patent application.
HOW MUCH DOES A UK PATENT COST
The cost of obtaining a UK patent depends on the complexity of the invention, the amount of technical work required to prepare the application and whether you intend to seek protection internationally.
There are two main costs involved. The first is the professional fees charged by your patent attorney for drafting and prosecuting the application. The second is the official fees payable to the UK Intellectual Property Office throughout the application process.
While it is possible to prepare and file a patent application yourself, professionally drafted patents generally provide stronger and more commercially valuable protection. A well-written patent specification not only improves the likelihood of obtaining a patent but also helps ensure competitors cannot easily design around your invention.
HOW LONG DOES THE PATENT APPLICATION PROCESS TAKE
Obtaining a patent is not an immediate process. In the United Kingdom, a straightforward patent application typically takes between two and four years to proceed from filing to grant, although this can vary depending on the complexity of the invention and any issues raised during examination.
After your application has been filed, the UK Intellectual Property Office carries out a search to identify earlier patents and publications that may affect patentability. This is followed by substantive examination, during which the examiner assesses whether your invention satisfies the legal requirements for a patent.
It is common for examination reports to require clarification or amendments before the application is accepted. Your patent attorney will prepare and submit responses on your behalf, helping to progress the application efficiently.
Although obtaining a granted patent takes time, your invention benefits from legal protection from the filing date, provided the patent is ultimately granted.
DO I NEED A PATENT ATTORNEY TO FILE A PATENT APPLICATION
No. There is no legal requirement to use a patent attorney when filing a patent application. However, patent law is highly specialised, and the quality of the application can have a significant impact on the value and enforceability of the patent.
A patent specification must accurately describe the invention while defining the legal scope of protection through carefully drafted patent claims. If these claims are drafted too narrowly, competitors may be able to develop similar products without infringing your patent. If they are drafted too broadly, the application may be rejected during examination.
An experienced patent attorney understands both the legal framework and the technical requirements needed to prepare a robust application. They can also manage the examination process, respond to official objections and develop an intellectual property strategy that supports your commercial objectives.
Professional advice often proves invaluable in securing meaningful protection and avoiding costly mistakes that may be difficult to correct once an application has been filed.
SHOULD I KEEP MY INVENTION CONFIDENTIAL BEFORE APPLYING FOR A PATENT
Yes. Maintaining confidentiality before filing a patent application is extremely important. In most countries, including the United Kingdom, an invention must be new at the filing date. Publicly disclosing your invention beforehand may prevent you from obtaining patent protection altogether.
Public disclosure can take many forms, including presenting your invention at exhibitions, publishing information online, selling the product, distributing promotional material or discussing the invention without appropriate confidentiality arrangements.
If you need to share your invention with potential manufacturers, investors, designers or business partners before filing a patent application, it is advisable to use a Non-Disclosure Agreement (NDA). Although an NDA cannot replace patent protection, it can help preserve confidentiality while discussions take place.
If you are unsure whether your invention has already been disclosed, seek professional advice as early as possible before taking any further action.
DO I NEED A PROTOTYPE BEFORE APPLYING FOR A PATENT
No. Many inventors believe they must build a working prototype before applying for a patent, but this is not the case. Patent protection is based on the technical disclosure contained within the patent application rather than the existence of a physical product.
As long as the invention can be described clearly and in sufficient technical detail for a person skilled in the relevant field to understand and reproduce it, a patent application can usually be prepared.
In fact, filing a patent application during the development stage often provides important protection while prototypes are still being refined, tested and prepared for manufacture. That said, if prototypes, CAD models, engineering drawings or test data are available, they can often strengthen the quality of the application, but they are not essential for obtaining patent protection.
WHAT HAPPENS AFTER I FILE A PATENT APPLICATION
Once your patent application has been filed with the UK Intellectual Property Office, it is allocated a filing date. This is an important milestone, as it establishes your priority date and helps determine your rights against later applications for similar inventions.
The application then progresses through several stages. A search is carried out to identify existing patents and published documents that may affect the patentability of your invention. This is followed by publication of your application, normally around 18 months after the filing date, making the technical details of your invention publicly available.
You must also request substantive examination, during which an examiner assesses whether your invention satisfies the legal requirements for patentability. It is common for the examiner to raise questions or request amendments, and your patent attorney will prepare and submit responses on your behalf.
If the application successfully satisfies all legal requirements, the patent is granted. Once granted, you obtain enforceable legal rights that allow you to prevent others from making, using, selling or importing the patented invention without your permission. To keep the patent in force, renewal fees must be paid at the appropriate intervals.
CAN I PROTECT MY INVENTION OUTSIDE THE UNITED KINGDOM
Yes. A UK patent only provides protection within the United Kingdom. If you intend to manufacture, sell or license your invention overseas, you should consider obtaining patent protection in the countries where commercial activity is expected.
There is no single worldwide patent. Instead, international protection is achieved by filing applications in multiple jurisdictions using recognised international procedures. Depending on your commercial objectives, this may include filing European patent applications or international applications that preserve your ability to seek protection in numerous countries before deciding where to proceed.
Choosing the right countries is an important commercial decision. Factors such as manufacturing locations, target markets, competitor activity, licensing opportunities and available budget should all be considered when developing an international patent strategy.
We advise clients on both UK and international patent protection, helping to develop cost-effective filing strategies that support long-term commercial growth while avoiding unnecessary expenditure.
HOW LONG DOES A PATENT LAST
In the United Kingdom, a patent can remain in force for up to 20 years from the filing date, provided the required renewal fees are paid and the patent is not successfully challenged or revoked.
Renewal fees become payable after the patent has been granted and increase gradually over the life of the patent. Failure to pay these fees may result in the patent lapsing, allowing others to use the invention without permission.
Although the maximum term is 20 years, the commercial value of a patent often depends upon market demand, technological developments and the strength of the intellectual property strategy surrounding it.
Throughout the life of your patent, we can assist with renewal management, portfolio reviews, licensing opportunities, enforcement matters and wider intellectual property strategy to help maximise the long-term value of your innovation.
CAN I IMPROVE OR UPDATE MY PATENT AFTER IT HAS BEEN FILED
Once a patent application has been filed, you cannot add new technical information or features that were not included in the application as originally filed. This is because the filing date establishes the technical disclosure on which the patent application is based, and new matter cannot normally be introduced later.
However, innovation rarely stands still. If your invention is improved after the original application has been filed, it is often possible to protect those improvements by filing a further patent application. In many cases, this can be done within 12 months of the original filing date while taking advantage of the priority rights associated with the first application. This allows the original invention and the subsequent improvements to be protected through an appropriate patent filing strategy.
Developing a patent portfolio in this way is common where products continue to evolve through engineering refinement, testing or customer feedback.
WHAT SHOULD I DO IF SOMEONE COPIES MY PATENTED INVENTION
If you believe someone is manufacturing, selling, importing or using your patented invention without your permission, you should seek professional advice as soon as possible.
The first step is usually to assess whether the competing product or process falls within the scope of your patent claims. Patent infringement is a legal question, and simply having a similar-looking product does not necessarily mean infringement has occurred.
Depending on the circumstances, it may be appropriate to gather evidence, review the competitor's product, open discussions, negotiate a licence or send formal correspondence requesting that the infringing activity ceases. In some cases, legal proceedings may become necessary to enforce your patent rights.
Taking action without first obtaining professional advice can sometimes weaken your position. We can review the available evidence, explain your options and, where appropriate, work with specialist intellectual property litigators to help protect and enforce your valuable patent rights.