You’ve come up with an idea, whether through rigorous research or a spark of innovation, and decided that you need patent protection to prevent third parties from commercialising or copying your idea. This is the first step. Now you must gain an understanding of how to patent an idea in the UK in order to move forward and get legal protection for your intellectual property.
To go from developing a concept to getting a granted patent is a meticulous process with several stages that can take years, so it is crucial that the application is handled professionally and accurately, as this can affect the scope of protection your invention ultimately receives.
If you have a novel and inventive concept to protect, a professionally drafted patent is the surest way to secure a monopoly over your idea. This competitive advantage enables you to safeguard your commercial interests for up to 20 years from patent filing.
At Bailey Walsh, we have spent 150 years supporting businesses with their IP needs and we know how to get a patent granted in the UK. This article will help you to understand which of your IP can be patented and how to go about filing your application.
What are the benefits of patent protection?
A granted patent gives you a legal monopoly to exercise exclusive rights to an invention for a period of 20 years from the filing date of the patent application. In most cases, this is to gain a commercial advantage and/or to prevent unauthorised third-party copies of your invention. Patents can also be used as a commercial tool themselves and can be assigned or licensed between companies for financial return.
Patents provide the backbone to many businesses’ commercial assets and can be as important for large multinational companies to individuals and SMEs. There are also potential tax benefits of UK patents with the ‘Patent Box’ scheme allowing businesses to pay a reduced Corporation Tax rate of 10% on profits earned from patent-protected inventions.
Clearly, there is a huge incentive to obtain patent protection for an invention and so it is beneficial to know how to patent an idea in the UK.
What can and can’t be patented?
There are generally three criteria for subject matter to be subject to patent protection in the UK:
- It must be novel and not publicly disclosed anywhere in the world.
- It must be inventive i.e. not trivial or obvious at the time of filing.
- It must be capable of industrial application i.e. capable of being used in some form of industry
If your innovation meets all three criteria, it may be eligible for patent protection by the UK Intellectual Property Office.
UK application process – key steps
The typical process for applying for a patent in the UK is outlined below. An understanding of this process will enable an applicant to plan when and how to file a patent application for their concept.
- Consultation with a registered patent attorney. While this step is not essential for filing a patent application, a patent attorney will outline what is required for patentability and will be able to give an initial assessment as to whether a concept is likely eligible or excluded from patent protection. This consultation is important to understand patent prosecution costs, and to develop a filing strategy for different concepts and in which jurisdictions.
- Initial patentability search to provide an indication of relevant prior art documents. While this step is optional, prior art searching before filing can allow an applicant to gain an indication of similar documents that may be cited by a patent examiner during prosecution. For more information on prior art documents see here and for more information on prior art searching see here.
- Draft your patent application. Patent drafting is a highly technical field and must disclose the invention sufficiently, whilst ensuring the concept is claimed broadly to ensure maximum protection. The UKIPO recommends that an applicant has their patent application professionally drafted by a registered patent attorney for this reason.
- File your application at the UK International Patent Office (UK IPO), including any drawings of your invention, claims, and abstract, and including the relevant fees.
- Receive a receipt from the UKIPO with your filing date and application number.
Once you receive confirmation that the IPO has approved your initial application, you can add ‘UK patent pending’ or ‘UK patent applied for’ labelling to your invention – the first tangible step towards preventing competitors from copying it.
Following filing, an application then goes through prosecution whereby examiners at the UKIPO will assess the criteria for patentability. This includes:
- An initial search carried out by the UKIPO, often returning prior art citations that are relevant to the novelty and inventive step of the application.
- A substantive examination in which the examiner will lay out any objections they have to the application that prevent it from proceeding to grant. If the examiner objects to the patentability of the application, their objections must be overcome before the application can proceed to grant.
Patent prosecution requires adhering to strict deadlines set by the UKIPO to proceed to grant. Failure to adhere to these deadlines may cause the patent application to be deemed withdrawn. A patent attorney can help applicants navigate these procedural steps and act as their representative before the UKIPO.
Decision tree – should you get a patent?
With several alternative ways to protect your IP, is a patent the right choice?
This decision tree can help you to decide if one of the alternative forms of IP would be appropriate – remember that there can be overlap between IP rights and they are not necessarily mutually exclusive options, depending on the nature of your invention or concept:
1. Is the IP a brand name, slogan or logo uniquely associated with your business?
Yes: Consider trade mark protection
No: Continue to question 2
2. Is the IP an artistic work, e.g. a book, music, art or computer code?
Yes: Consider copyright protection
No: Continue to question 3
3. Is the IP something you wish to keep secret without risk of public disclosure?
Yes: Consider trade secret protection
No: Consider patent protection
Get In Touch
To discuss your invention or to ask us any more questions about how to patent an idea at the UKIPO or in international jurisdictions, please contact the Bailey Walsh team by phone on +44 (0)113 208 9962, or by email at mail@bailey-walsh.com.
