Patents for UK inventors

Some people come up with a new product or a new way of making something. They may want to stop others from copying it.

GOV.UK says a UK patent may help an inventor take legal action against someone who uses the invention without permission. Its example is someone who sells or makes the product in the UK.

What can be patented

GOV.UK says an invention must meet all three of these tests:

• it is new, so it has not been made public anywhere in the world, for example in a publication
• it is inventive, so it is more than an obvious change to something that already exists
• it is something that can be made and used, a technical process, or a method of doing something

GOV.UK lists things that cannot be patented. They include artistic, literary, dramatic and musical works, a way of doing business or playing a game, a method of medical treatment or diagnosis, a discovery or a mathematical method, and software with a non-technical purpose.

Before applying

GOV.UK says an inventor should apply only after checking that the invention does not already exist, and only if they have the time and money for the process.

An invention that becomes public knowledge may no longer be patentable. So GOV.UK says an inventor who discusses the invention with anyone other than a patent attorney may need a non-disclosure agreement.

GOV.UK names three places for free advice on whether a patent is right. One is a patent attorney or other professional adviser, and GOV.UK says many give basic advice free. The other two are an intellectual property clinic and the British Library Business and IP Centre in London.

GOV.UK says anyone under 18 should get legal advice before applying.

A UK patent from the IPO

Applications for a UK patent go to the Intellectual Property Office (IPO). GOV.UK says the inventor can apply, or someone entitled to the invention. That can be an employer of the inventor, or someone who acquired the rights from the inventor. GOV.UK describes these steps:

• The applicant prepares detailed documents that describe the invention and files them with the IPO.
• The applicant asks the IPO to search for whether the invention is new and inventive. This can be asked for when filing or later.
• Around 18 months after the application, the IPO publishes it in full.
• The IPO then examines the application to decide whether the invention can be patented. This could be several years after filing.
• The applicant may have to amend the application. GOV.UK says the patent is granted only if every issue raised in the examination is resolved.

GOV.UK says a patent lasts up to 20 years. The owner must renew it every year to keep it in force.

Protection in other countries

GOV.UK says a UK patent gives no protection in other countries. An inventor who wants protection abroad has three routes:

• apply to the national patent office of each country, which may suit protection in only a few countries
• apply for a European patent, which covers more than 30 countries in Europe, including the UK, through one application to the European Patent Office or through the IPO's online filing; once granted, it becomes separate patents in the countries chosen
• file an international application under the Patent Co-operation Treaty (PCT), which can lead to protection in more than 150 countries

For a PCT application, GOV.UK says the applicant receives an international search report. The application is published around 18 months from the earliest priority date. The applicant then has around 30 months from applying to choose countries, and enters what is called the national phase in each one.

GOV.UK says an inventor who applies abroad within 12 months of the first application can claim priority from it. The later application is then treated as if it had been made on the same date as the first.

Searching for existing patents

The IPO's Search for Intellectual Property service finds patents registered in the UK. GOV.UK suggests it for checking whether a similar patent already exists in the UK.

Espacenet, run by the European Patent Office, finds published patent applications and registered patents from around the world, including the UK. The European Patent Office says Espacenet is free to use and holds more than 150 million patent documents.

Patent attorneys

GOV.UK says a patent attorney can help prepare an application, guide an inventor through the process and respond to the IPO for them. GOV.UK also says an inventor will usually need a patent attorney's help to have the best chance of a patent being granted.

Patent attorneys in the UK are regulated by the Intellectual Property Regulation Board (IPReg), which is independent. IPReg says the words "regulated by IPReg" on a website, email or letter mean the attorneys and firms named are regulated by it.

Useful links

• Patenting your invention (GOV.UK)
• Before you apply (GOV.UK)
• Protecting your patent abroad (IPO, GOV.UK)
• Search for a patent (GOV.UK)
• Espacenet (European Patent Office)
• The Intellectual Property Regulation Board (IPReg)