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

WHAT CAN AND CANNOT BE PATENTED

UNDERSTANDING WHAT CAN AND CANNOT BE PATENTED

Many innovators, creatives and inventors waste time and money pursuing patents for things that are not eligible, while others overlook valuable innovations that can receive strong legal protection.

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This guide explains - in clear, practical terms - the types of ideas that qualify for patent protection under UK law, as well as the types that are excluded. Whether you’re an inventor, business owner or product developer, knowing these rules helps you protect your intellectual property effectively and avoid common patenting mistakes.

WHAT IS A PATENT ?
 

A patent is a legal right granted by the UK Intellectual Property Office (UKIPO) that gives the inventor exclusive control over how their invention is made, used or sold for up to 20 years. However, not every new idea or product can be patented - to qualify, an invention must meet strict legal requirements.

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THE LEGAL REQUIREMENTS FOR PATENTABILITY
 

In the UK, an invention must meet three core criteria :

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  • Novelty - the invention must be new - never publicly disclosed before the filing date.​

  • Inventive step - it must not be obvious to someone skilled in the field.

  • Industrial applicability - it must be capable of being made or used in industry.

 

WHAT CAN BE PATENTED?
 

Below are the main categories of innovations that typically qualify for patent protection in the UK.
 

NEW MECHANICAL DEVICES OR TOOLS

 

Mechanical inventions are some of the most commonly patented products. These include cutting tools, mechanisms, consumer products, engineering solutions, machines or components, and manufacturing equipment. If a device performs a function in a new or non-obvious way, it may be eligible for patent protection.


ELECTRICAL AND ELECTRONIC DEVICES

 

Products involving circuitry or electronics can also be patented. Examples include smart devices, sensors, electronic control systems, integrated hardware solutions, and novel circuitry designs. An invention in this category may qualify if it solves a technical problem or introduces a new functionality.


CHEMICAL, BIOLOGICAL, AND SCIENTIFIC PROCESSES

 

Patents can cover chemical formulations, industrial chemical processes, biotechnological innovations, medical devices, and scientific methods. Innovations in these areas typically require precise drafting to ensure compliance with UKIPO standards.


SOFTWARE WITH TECHNICAL EFFECT

 

While software alone is usually not patentable, exceptions exist when the software provides a technical solution to a technical problem. This includes software controlling machinery, algorithms that improve computer performance, embedded systems, and simulation tools with technical outcomes.

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NEW MATERIALS AND MATERIAL COMBINATIONS

 

Innovations involving composites, alloys, nano-materials, or material treatments may be patentable if they introduce a new property or industrial benefit.

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MANUFACTURING METHODS AND INDUSTRIAL PROCESSES

 

Processes that offer a new or improved way of making something may qualify for patent protection. Examples include moulding techniques, automated manufacturing methods, process improvements, and efficiency-enhancing systems.

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WHAT CANNOT BE PATENTED?
 

UK patent law excludes several categories, regardless of how innovative they may seem.

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THEORETICAL IDEAS AND ABSTRACT CONCEPTS

 

You cannot patent scientific theories, mathematical methods, abstract concepts, or ideas without a working implementation. A patent requires a functioning, demonstrable invention.

 

ARTISTIC OR CREATIVE WORKS

 

Patents do not protect artwork, logos, music, photographs, graphic design, written content, or branding elements. These are instead protected under copyright or trademark law.

 

BUSINESS METHODS AND NON-TECHNICAL PROCESSES

 

The UK excludes business models, management strategies, financial systems, and marketing processes from patent protection. Unless they involve a technical innovation, they cannot be patented.

 

NON-TECHNICAL SOFTWARE AND APPS

 

Software cannot be patented when it only organises information, presents data, manages workflow, provides basic functions, or replicates known processes digitally. Without a technical contribution, it will be rejected.

 

MEDICAL TREATMENT METHODS

 

To allow healthcare professionals freedom to treat patients, the UK prohibits patents on surgical methods, therapeutic methods, and diagnostic techniques on humans or animals. However, medical devices, tools, and engineered systems can still be patented.

 

PRESENTATION OF INFORMATION

 

You cannot patent information displays, UI layouts without technical effect, data arrangement, or infographic formats. These lack the required technical character.

 

DISCOVERIES AND NATURAL PHENOMENA

 

Non-patentable subject matter also includes natural materials, plant or animal varieties, naturally occurring DNA, and biological discoveries. Patents apply only to engineered or man-made innovations.

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BORDERLINE CASES WHERE DRAFTING MATTERS
 

Certain inventions sit in a grey area, such as :

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  • AI systems

  • Algorithm-based tools

  • Healthcare-related innovations

  • Software with partial technical effect

  • Scientific modelling methods

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In these cases, the success of a patent application and its robustness often depends on how the invention is drafted. A poorly written specification not only can cause a patentable new product idea or invention to be rejected, but also makes it easy to be circumnavigated around.

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WHY A PATENT SEARCH IS ESSENTIAL
 

A patent search and novelty check is a crucial first step in protecting your invention. It helps you confirm the uniqueness of your idea, avoid filing for inventions that are not patentable, and strengthen your claims by identifying gaps or improvements in existing technologies.

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A thorough search can also save you significant time and cost by preventing wasted effort on applications that are unlikely to succeed. Additionally, it helps you identify competing technologies, giving you insight into the market landscape and informing your development and commercial strategy.

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Ultimately, a well-conducted patent search forms the foundation of a strong patent strategy and greatly increases the likelihood of securing robust and enforceable patent protection.

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HOW DF BLUEM CAN HELP
 

  • Patentability assessments

  • Technical and legal analysis

  • Novelty searches

  • Patent drafting and drawings

  • UK and international filing

  • Commercialisation strategy

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We help you understand whether your idea can be patented - and how to protect it effectively.

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SUMMARY : CAN YOUR IDEA BE PATENTED ?
 

You may have a patentable invention if it :

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  • Provides a new technical solution

  • Is not publicly disclosed

  • Is not obvious

  • Has industrial application

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If your idea falls into excluded categories, we can recommend other forms of protection such as design rights, copyright or trademark.

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