91Ï㽶»ÆÉ«ÊÓƵ

A patent is a legal right that protects your invention, giving you exclusive control over how you use it. In the UK, a patent can last up to 20 years from the filing date, provided you pay the annual renewal fees.

Understanding patent rights

A patent can:

• prevent others from using, making, selling, or importing your invention without permission
• allow you to license your invention to others, earning royalties
• provide legal protection, which can help attract investors

These rights are time-bound and territorial, meaning they apply only in the country (or countries) where the patent is granted.

What can be patented in the UK?

To qualify for a patent, your invention must satisfy UK patent application guidelines. It must be:

• new - it can't have been made public before
• inventive - it must involve more than just an obvious improvement
• industrially applicable - it must be usable in a specific industry

Examples include novel products, industrial processes, or equipment that solves a specific problem. Check if you can patent an idea or a product.

Limitations of patents

Patents are not automatic rights. You must apply for them, and you will only receive them if your invention meets strict eligibility criteria. Things like artistic works, discoveries, or methods of doing business are not eligible.

Patents can also be costly to obtain and maintain. Read about the advantages and disadvantages of patents to understand the potential costs and benefits.

Keep in mind also that, as territorial rights, UK-registered patents protect your invention only within the UK. If you need protection abroad, explore international patent options.

Not all ideas qualify for patents. Here's what you need to know to decide if your invention is eligible for patent registration in the UK.

Patent eligibility checklist

Run through this checklist to see if your invention qualifies for a patent:

Is your invention new?

Your invention must remain confidential before you apply. Public disclosure may prevent eligibility. For example, if you have published information about your invention online, showcased it at trade fairs, or used it publicly, it may no longer be eligible.

Is your invention inventive?

It must involve an inventive step that isn't obvious to someone skilled in the relevant field. For example, it must be a novel solution to a technical problem.

Is your invention industrially applicable?

It must be usable in some form of industry, for example agriculture. This could include a manufacturing process, a novel machine, or a new packaging feature.

What cannot be patented

Certain inventions are excluded. For example, you cannot patent:

• scientific theories or mathematical methods
• artistic works, such as music or literature
• methods of medical treatment or diagnosis
• rules for games, business methods, or presentation of information

Remember, you can't patent anything that isn't new, so always search for existing patents first to check if your idea has already been claimed. If a patent isn't suitable, other types of intellectual property, like trade marks or copyrights, might be a better fit.

Ownership considerations in UK patent application process

To qualify for a patent, you must be the legal owner of the invention. If you created your invention while working for an employer, they may own the rights. Check your employment contract or seek legal advice if in doubt.

To maintain the confidentiality of your invention, use non-disclosure agreements when discussing it with others.

Before applying for a patent, you should check if your invention is truly original by conducting a patent search. This helps confirm that no one else has already patented a similar idea.

Why patent searches matter

A patent search will help you:

• avoid infringement - ensure you're not copying someone else's patent
• save money - avoid the cost of applying for something already patented
• strengthen your application - prove your invention's novelty

Before searching, take time to understand what patents are and how they work to ensure they are right for your invention.

How to conduct a patent search in the UK

Several steps are involved:

Search online databases and use the UK patent search tool

When searching for existing patents, start with online databases to verify that your invention is new and hasn't already been patented. Useful resources include:

•  - for UK patents
•  - for European and international patents
•  - for global searches and applications filed under the Patent Cooperation Treaty (PCT) 

You can also check the IPO's , which lists new filings and changes to applications already in progress.

Look beyond patents

Looking beyond patents is critical to ensure your invention is both novel and commercially viable. While patent databases help identify existing patents, other resources provide insights into whether your idea or technology is already in use, even if it hasn't been patented. Check trade publications, industry forums, product catalogues, research papers and technical reports.

Get professional help

For complex cases, consider professional patent search services or consult a patent attorney to access more advanced tools and expertise. In Northern Ireland, businesses can intellectual property advice from .

What to look for when carrying out a patent search

When carrying out a patent search, look for inventions similar to yours and review their claims to check if your idea is sufficiently different.

A thorough patent search not only ensures your invention is new, but also helps you avoid infringement and the potential consequences of breaching patent enforcement laws. It also allows you to identify competitors, understand the market for your invention, and ensure that you have the freedom to operate without legal risks.

Applying for a patent may seem complex but breaking the patent application process into clear steps makes it manageable. Here's how you apply for a patent in the UK.

Step 1: Prepare your UK patent application

Your application must include:

• a detailed description of your invention
• any drawings necessary to illustrate your invention
• claims that define the scope of the protection sought
• an abstract summarising the invention

Prototypes can 91Ï㽶»ÆÉ«ÊÓƵ your application but are not a substitute for proper documentation.

Patent specifications are legal documents and can be complex. For the best chance of success, consider working with a patent attorney or adviser. The UK Intellectual Property Office (IPO) has to assist you with your patent application.

Step 2: File your UK patent application

Submit your application to the IPO online or by post. If you apply online, the initial application fee is £60 if paid at the time of filing. If you pay later, the fee increases to £75. The fees are higher if you apply by post. Learn more about from the IPO.

You must before making your invention public. Disclosing your invention too soon could disqualify you from patent protection.

Step 3: Request a patent search

You must within 12 months of your filing date to confirm that your invention is new and inventive. The search fee starts from £150, and you'll typically receive the search report within six months.

Step 4: Publication and patent examination process

If your application is complete, the IPO will publish it - usually 18 months after your filing date - making the details of your invention public. At this stage, you may want to mark your invention as ‘patent pending' to deter potential infringers.

You must request a substantive examination within six months of publication, and pay the associated fee. During the patent examination process, the IPO will assess whether your invention is new, inventive, and meets other patentability criteria. You may need to respond to feedback or provide additional information during this process.

Step 5: Decision on your patent application

If successful, your patent will be granted. You'll receive exclusive rights to your invention for up to 20 years, provided you renew it annually. Renewal fees start after the fourth year and increase over time.

Patent costs and other considerations

The cost of filing a UK patent varies based on its complexity and any professional fees incurred. It will cost at least £310 if you complete the process unassisted. The full process can take several years to complete, although the IPO has in place to speed up patent application processing. 

).

Once granted, you must enforce your rights if others infringe on it. This may involve legal action, which can be costly.

If you plan to sell or use your invention abroad, you'll need to apply for patents in other countries. Systems like the Patent Cooperation Treaty (PCT) can streamline this process.

In the UK, while not legally required, marking your patented products can serve as public notice of your rights. This practice can deter potential infringers and may assist in claiming damages in infringement cases. Be careful, though, as incorrect marking can lead to legal risks, so always ensure your labels are accurate and up-to-date.

What is patent marking?

Patent marking involves labelling your product or its packaging with information about the patent covering it. Proper marking notifies the public that your invention is protected by a patent and may help you recover damages if your rights are infringed.

How to label your patented product

When marking your UK patented product, include the word 'patent' or 'patented', followed by either the relevant patent number or an internet link to a web address where details of the patent can be found. This is known as webmarking.

Webmarking has been permitted since 1 October 2014. The web page should clearly link the product to its relevant patent details. QR (quick response) codes can supplement, but not replace, webmarking. While QR codes are machine-readable, they do not provide direct notice to the public. It's common practice to combine a QR code with a textual web address to ensure accessibility.

Marking with 'patent pending' label

If your UK patent is still under application, you can mark the product as 'patent pending' or 'patent applied for'. It's important to note, however, that this does not - in itself - provide legal protection. It simply indicates that you are seeking protection for your invention and may act as a deterrent for potential violations while the patent application is in progress.

Patent marking for international sales

If you sell your product worldwide, you may need to adapt the markings to comply with local regulations in each country. If you are not sure what country-specific rules may apply, consult an intellectual property adviser to ensure compliance.

Risks of false patent marking

False marking occurs when a product is incorrectly labelled as patented. Failure to mark products correctly can lead to legal claims and/or substantial penalties. You must not:

• mark a product as patented if no valid patent exists
• use outdated patent numbers for expired or rejected patents
• mislead by implying a patent covers something it does not

To avoid the risks associated with failure to mark products correctly, keep your markings accurate, updated, and reflecting any changes to the patent's status. Read more on .

Before deciding to patent your invention, you should weigh the potential benefits against the challenges. Understanding both can help you decide if a patent is the right choice for your business.

Advantages of patents for protecting your invention

Getting a patent offers several benefits that can help protect and grow your business:

• exclusive rights - you can stop competitors from copying your invention
• revenue opportunities - you can license your patent to earn royalties
• competitive advantage - you can boost your credibility, attract investors and show innovation in your field

Additionally, you can sell your patent outright, creating new ways to monetise your ideas.

Disadvantages to consider before getting a patent

Patents have drawbacks you should consider:

• costs - application fees, attorney costs, and renewals can be expensive
• time - the process can take years, and markets may change in the meantime
• public disclosure - you must share technical details of your invention, which could give competitors insights into your ideas

If someone infringes on your patent, enforcing your rights will be your responsibility, which may involve costly and time-consuming legal action. Before deciding to patent your invention, weigh all of these challenges carefully.

Is a UK patent worth it?

It depends on your invention, business goals, and budget. A UK patent provides legal protection, granting you exclusive rights to your invention for up to 20 years. However, the application process can be time-consuming and costly. Sometimes, keeping your invention confidential can offer better protection.

Trade secrets allow you to protect certain innovations without requiring public disclosure, helping you avoid the complexity and expense of patenting. Additionally, non-disclosure agreements can legally ensure that those you share your idea with do not disclose or misuse it. Read more about trade secrets and non-disclosure agreements.

Even small mistakes during the patent process can lead to significant delays, unexpected costs, or the loss of your rights. Here are the most common pitfalls and how to avoid them.

Disclosing your idea publicly

Sharing your invention publicly - perhaps in a meeting, online, at a trade show, or through a product launch - before filing your patent application can make it ineligible for protection. This is because patents require the invention to be new at the time of application. Avoid this by keeping your invention confidential until you've filed, and using non-disclosure agreements when discussing your idea with potential partners or investors.

Skipping the patent search

Failing to check if your invention is already patented can lead to legal disputes, wasted time, and unnecessary expenses. To avoid this, carry out a thorough patent search to determine if your invention is truly novel, and avoid infringing on existing patents. Consulting a patent attorney can also help if you're unsure about the search process or results.

Neglecting patent renewals

Once your patent is granted, you must pay annual renewal fees to keep it active. Missing these payments will result in your patent lapsing, leaving your invention unprotected. To avoid this, set reminders for renewal deadlines, and review your patent portfolio regularly to decide whether to keep, sell, or license patents that may no longer align with your business strategy.

Overlooking enforcement

A granted patent does not automatically stop others from infringing on your rights. You need to actively monitor the market for potential violations. Ignoring this can result in others profiting from your invention without permission. To stay on top of things, monitor competitors and industry developments regularly to spot potential infringement. Take proactive steps, such as sending cease-and-desist letters or seeking legal advice, to enforce your rights if necessary.

Avoiding these mistakes and staying vigilant will help you protect your invention and maximise its value. If in doubt, .