A patent is a form of intellectual property (IP) right that gives you, the owner, an exclusive right over your invention for a limited period. In the UK, this period is typically up to 20 years. Once a patent is granted, it gives you a monopoly over your invention, meaning that no one else can copy, manufacture, sell, or import it without your permission.

In exchange for this monopoly, you must publicly disclose the technical details of your invention in your patent application. This means that once your patent is granted, anyone can look up how your invention works. A patent is a territorial right, which means a UK patent only gives you protection in the UK. If you want protection in other countries, you'll need to apply for patents there too.

Who owns a patent?

Usually, the inventor is the owner of a patent. 

If an employee invents something during their normal course of employment, they will be the inventor specified on the patent application. However, the patent will usually be applied for and owned by the employer, unless something else is agreed to in the Employment contract.

What can I patent?

You can patent an invention (which could be a product or a process) as long as it meets specific criteria. It doesn't cover ideas; it has to be something that can be made or used. To be patentable, your invention must pass three key tests.

What are the requirements for getting a patent?

For your invention to be patentable, it must be:

• new - it must not have been made public anywhere in the world before the date you file your patent application. This is why it’s crucial to keep your invention secret until you've applied

• inventive - it can’t be an obvious modification of something that already exists to someone with good knowledge and experience in the subject

• capable of industrial application - it must be something that can be made or used in any kind of industry, including agriculture

How do I protect my invention before applying for a patent?

Because your invention must be completely new when you apply, keeping it confidential beforehand is essential. If you publicly disclose your invention (for example, by discussing it at a trade show, publishing an article about it, or even showing it to someone without a formal confidentiality agreement in place), you risk losing your right to patent it.

This is where a Non-disclosure agreement (NDA) becomes vital. An NDA is a legally binding contract that you should use before discussing your invention with anyone, such as potential investors, manufacturers, or business partners. By having them sign an NDA, you legally oblige them to keep your information secret, which protects the novelty of your invention while you explore its commercial potential.

What things can’t be patented?

Not all new and inventive things can be patented. In the UK, you generally can’t get a patent for:

• a scientific theory or mathematical method

• a literary, dramatic, musical or artistic work

• a way of doing business, playing a game or thinking

• a method of medical treatment or diagnosis

• a discovery, or a plant or animal variety

• a computer program (though the law is complex here, and some software-related inventions may be patentable. Ask a lawyer if you have any questions)

How do I get a patent in the UK?

The process of getting a patent is managed by the UK’s Intellectual Property Office (IPO) and can take several years. It involves a series of formal steps and checks to ensure your invention meets the legal requirements:

Preparation and filing

You must prepare a detailed technical description of your invention (known as the 'specification'), drawings if helpful, and a set of 'claims' that define the precise legal scope of your protection. Filing this with the IPO establishes your crucial priority date.

Search and publication

The IPO searches for published documents (known as 'prior art') that are similar to your invention and sends you a search report. This helps you assess if your invention is truly new. About 18 months after your filing date, your application is published, making the details public.

Substantive examination

An IPO examiner reviews your application against the search report and patent law. They will likely raise objections, which you (or your patent attorney) must respond to, often by amending the application.

Grant of patent

If you overcome all objections, your patent is granted.

What is a priority date?

  

The priority date is usually the date you first file your patent application with the IPO. It’s extremely important because it sets the deadline after which no information can be published that could harm your application.

Essentially, your invention's novelty and inventiveness are assessed against everything made public before your priority date. Anything that becomes public after this date cannot be used to challenge your application. This date also gives you a 12-month window to file for patents in other countries while claiming the benefit of your original UK filing date.

Do I need a patent attorney?

While you can file an application yourself, it's highly recommended to use a patent attorney (sometimes called a ‘patent lawyer’ or ‘patent agent’) due to the technical and legal complexities involved. They are specialists trained in patent law and the technical field of your invention. Drafting patent claims is a highly technical skill, and mistakes can lead to your patent being rejected or being too narrow to be commercially useful. A patent attorney can help you navigate the entire process, from drafting the application to responding to the examiner's objections. Ask a lawyer for assistance if you would like to apply for a patent. 

How long does a patent last?

In the UK, a granted patent has a maximum lifespan of 20 years from the original filing date. This isn't an automatic right for the full term. To keep the patent in force, you must pay annual renewal fees to the IPO. These fees are due every year from the end of the fourth year after your filing date. If you fail to pay a renewal fee on time, your patent will 'lapse', meaning your protection ends, and your invention enters the public domain, where anyone can use it.

How much does a patent cost?

​​The cost of getting and maintaining a patent can vary significantly depending on the complexity of the invention and whether you use a patent attorney. The costs are spread out over several years and aren't just a single payment. You'll need to budget for:

• official IPO fees - these include the application fee and the fees for the search and substantive examination

• professional fees - if you use a patent attorney, their charges for drafting the application and handling the process will be the most significant cost

• renewal fees - these annual fees increase over the life of the patent, costing more to maintain as it gets older

The total cost from application to grant can easily run into several thousand pounds. It's important to weigh up these costs against the potential commercial value of the protection a patent will provide.

For more information on the cost of a patent, see the government’s guidance on patent fees.

What is the Patent Box scheme?

The Patent Box is a UK government initiative that allows companies to apply a lower rate of corporation tax to profits earned from their patented inventions and certain other intellectual property. This tax relief is designed to encourage companies to develop and commercialise their patented technology in the UK. If your company owns or exclusively licenses-in patents and makes a profit from them, you may be eligible to benefit. For more information, read The Patent Box.

 

Protecting an invention is a significant step. If you need to have confidential discussions with third parties, you can make an NDA to ensure your idea remains secret. If you're ready to proceed with an application or have questions about the process, do not hesitate to Ask a lawyer.

If a party has breached your patent, consider issuing a Cease and desist letter for IP infringement to assert your IP rights.