How to Patent an Invention in the UK: a Complete Guide
Do you have a brilliant invention idea that you want to bring to market? If you plan on selling your invention, it is essential that you protect it legally. A patent is one of the best ways to protect your invention and prevent others from copying or selling it. This article provides all the information you need about how to patent an invention in the UK, including what types of inventions can be patented, the costs involved and where you can make a patent application.
- How to patent an invention in the UK?
Patents are intended to encourage innovation by giving inventors the exclusive right to make, use, or sell their inventions for a limited period of time. A patent gives protection for the invention to the inventor and is presumed to be for the public benefit as long as the patent is used for the purpose it was intended. How to Make a Patent Application in the UK
The patent application process can be complex depending on your country of origin and the particular patent to be granted. See the step-by-step guide for a detailed listing of the process required.
Trademark and Patent Rights
Patents also give you the right to prevent others from using your patented invention in other ways. This means any other company can use your technology, such as marketing, without your permission. The owner of the technology is the owner of the “trademark” and can protect his or her use of the patented material. For example, if someone makes and promotes “The Nice Guy Diet,” which is based on the Premack Toothpaste and involves brushing the outside of your gums with a bristle brush, the manufacturer owns “trademark” in that they are using the “The Nice Guy Diet” mark to market and market “The Nice Guy Bristle Brush.” While “The Nice Guy Diet” can be marketed, there is no guarantee that the customer will be able to find the necessary toothbrush at the local store.
The term “trademark” is broad and can have a variety of meanings, such as:
Business Mark
Design Mark
Marketing Mark
Trademark of Educational Institutions and Trade Mark
Trademark of National Significance
Trademark of Moral Rights (See Section II)
(Please refer to the Combination Mark Case. forthcoming in the International Business Section for more information on protected marks.)
Where to Find Legal Information
General Legal Information: In addition to the International Business Section, our helpful guides to copyright are updated regularly.
2. What types of inventions can be patented in the UK?
You can patent an invention in the UK if it’s new, inventive and useful. To be patentable an invention must: be new; involve an inventive step; and be capable of industrial application. There are lots of things that can’t be patented, including computer software, business methods, and certain types of inventions relating to genetic material.
Patents cover inventors’ contributions to an invention, but they’re not compulsory. Patents can be automatically or voluntarily granted, but you do have the option to apply for a patent yourself.
Anybody can apply for a patent on an invention. However, patent applications must be documented. To get valuable patents and to manage patent applications correctly, you need to ensure proof of technical competence is provided as part of the application or during the process of securing the patent. If you don’t provide proof that you know what you’re talking about, it could be rejected. The requirements for patentability will vary depending on whether your invention is novel or its essential features are obvious.
If you need to apply for a patent on an invention, you can start by using the UK Patent Service ( UK Patent [WIPO]) to help locate applicants seeking to patent a particular invention.
Patents cover proof of technical competence and vary depending on whether your invention is novel or its essential features are obvious.
To apply for a patent on an invention you must first identify the invention and obtain all necessary evidence that you are the inventor of the invention. You should carry out the necessary technical examinations to show that you understand and are skilled in the particular science or technology that the invention relates to. This information is often contained in patent applications.
If you have already submitted to the WIPO application for the manufacture or selling of your invention, you must supply any relevant information to satisfy WIPO that you invented the invention.
Prior to proceeding with the examination process, it’s important to communicate with the appropriate experts to prepare documents relating to the invention.
3. What costs are involved with patenting an invention in the UK?
In the UK, costs for patenting your product will vary depending on whether you choose to patent a product yourself or whether you hire a patenting firm to do it for you. Hiring a patenting firm to do it for you will be more expensive and riskier than doing it yourself. Should you decide to patent your invention on your own, you must file your application with the Patent Office as soon as possible after you have made the invention.
Patents cover new ideas or improvements to existing products, which are protected by the laws of the United Kingdom. Further technical and scientific inventions may also be patented in the UK but not necessarily in the UK. Patents cover inventions relating to new technology, as opposed to methods of using a product like a phone or a computer.
Patents can be either granted by the Patent Office or applied for by individuals, groups or organizations. Granting patents is an expensive process that can take between 18 months and two years to receive a patent, depending on how quickly you issue patents to applicants you invite to apply. In some countries, patents are granted automatically, by the government, and issued on the date a patent application is received.
People can own personal or corporate patents, which cover their ideas and improvements to existing products. The person or corporate patents do not need to be registered with the Patent Office before they are granted. Property patents cover improvements to real property such as buildings and exclude improvements to method patents, such as a method of manufacturing a product, which is covered by other laws.
Companies can own intellectual property, which is anything created by human creativity. Aside from patents, other types of intellectual property include copyrights, trademarks, trade secrets, trademarks, patents, database rights and domain names. Ownership of intellectual property such as copyrights, trademarks, trade secrets and domain names belongs to the owner and cannot be transferred without the owner’s permission.
Patents cover inventions much like property patents.
4. Where can I apply for a patent in the UK?
You need to file your patent application with the Intellectual Property Office (IPO). You can also file a patent application at the European Patent Office (EPO). A patent application must be filed in each country where you want protection. There are no countries that allow you to file a single patent application and then get protection in multiple countries.
To get started, you will need to understand how patents work in the UK. Patents are one of a number of mechanisms to ensure that the intellectual property that you create remains yours. They protect inventions by granting an inventor (or the owner of exclusive rights) the right to exclude others from making, using and selling the invention without paying compensation.
Patents are particularly important for protecting technological inventions. They make potentially competing inventions illegal to use in commerce. Under UK law, an item is considered to be a patentable invention if its essential features can be patented. An invention is ‘essential’ if it has a significant impact on the nature of the thing. Surprisingly, the words ‘modify’ and ‘including’ do not constitute essential elements.
Read more about patents:
The cost of patent applications is relatively low — however, the costs will increase as the application proceeds through the patent process. In the UK, application costs are capped at £330 ($490). It’s especially important to confirm whether the invention relates to new technology before you start the patent application as the patent application process can cost thousands of pounds.
The Patent Service charges a fee for each patent application: This fee should be included in the application fee. However, certain conditions will apply to this fee. The fee is higher for first-time applicants than for re-applicants, but these differences generally slope away towards zero over time as more patent applications are filed and patents grow in value.
There are different fees for filing, studying the patent, assessing the liability of others who might infringe the patent and making and offering relevant samples and devices. However, as outlined earlier, there are no fees for making, using, selling or importing patented inventions.
5. Is it possible to get a patent on an idea or concept?
The short answer is that it’s not possible to patent an idea or a concept, but what you can do is get a patent on an invention. The invention must also be new, useful, and non-obvious to get the patent. Patents have protected inventions since 1730. Prior to then, anyone could steal someone else’s invention, promising to “protect” it, but in reality, selling the invention was the only way to recoup the costs. Patents mean the inventor owns the invention but anyone else can’t sell the invention without paying royalty fees.
“If your invention is original and includes novel steps in virtue of which it differs from existing works, and if others have not independently invented or discovered the same, then you may obtain, protect, and exchange the invention.” [Telegraph patent application 25 January 1892]
Startups and inventors would often apply for patents before starting their company to address any concerns the patent application may raise. Patent applications cost money and must be signed by the inventor. A successful patent gives you a perpetual monopoly on non-exclusive use of the invention, and protects any improvements that you and others may come up with over the next few years.
Patents can be granted on an invention or a process. By obtaining a patent before going on to the market, you can prevent other companies from (legally) selling your invention. By obtaining a patent, you can stop others from trying to sell (copy) your invention. You can also get other patents — a new patent application — on an invention to give yourself a good patent moat, which will protect your product and allow you to sell high-quality copies of your invention.
There are different types of patents including design patents and geographical and analytical patents. Designs are those inventions used to construct a device or device part. Geographical patents cover an invention relating to tangible things like a building or the raw materials to construct it.
