Patents

A patent gives you the power to protect and profit from your invention. It prevents your competitors from stealing your ideas and turns your innovation into a lucrative business asset. This attracts investors and helps your business grow. To patent an invention it must be novel, have an inventive step and be capable of industrial application.

A granted patent allows you to control who can use, make and sell your invention. This control can give you a serious market edge.

Exclusivity can open doors to premium pricing, licensing deals and investor interest. It signals serious innovation and reduces competitive risk.

Patents can also increase the valuation of your business, making them powerful tools in mergers, acquisitions or funding rounds.

Beyond financial gain, a patent enhances your reputation, demonstrating originality and technical leadership in your field.

Furthermore, by disclosing how your invention works, you contribute to the broader ecosystem of innovation and lay foundations others can build on after your patent expires.

In essence, a patent is not just about protection. It is core to a business’s growth strategy.

Patents

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If you need help patenting your invention or would like expert management of your business patent portfolio, get in touch today.

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Patent FAQs

If you are new to intellectual property then patents may seem a complex business.

Here are common questions that businesses and individuals ask us about patent protection, including what can be patented, handling disputes and the practical steps in patenting an invention.

What is a patent and why is it important?

A patent is a legal right that protects an invention, giving the owner exclusive control over how it is made, used or sold for a set period of time. In the UK, this period is a maximum of 20 years. Patents are important because they stop others from copying your invention and allow you to benefit commercially from your work through its exclusivity.

What can be patented in the UK?

Patents are generally granted for new inventions that are novel, involve an inventive step and can be used in industry. This includes products, processes, machines and technical solutions. However, scientific theories, artistic works, concepts and methods of doing business are not usually patentable.

How long does it take to get a patent granted?

The process of applying for and being granted a UK patent can take anywhere from 3 to 5 years. The timescale depends on the complexity of the invention, the workload at the national patent office involved and whether objections are raised. Some fast-track routes are available if earlier protection is needed.

How much does it cost to apply for a patent?

The cost of a UK patent can vary depending on the complexity of the invention and whether you use a professional. Official fees are relatively modest, but the larger cost comes from preparing the application and managing it over its lifetime. Many businesses use a patent attorney to ensure the application is strong and enforceable because it takes great skill and expertise to draft a patent correctly. A typical starting cost would be around £5K, but it is important to keep in mind that if done correctly and is successful, the payback can be very high.

What is the difference between a patent and a trade mark?

A patent protects a technical invention, such as how something works or is made. A trade mark, on the other hand, protects a brand name, logo or symbol that identifies goods or services. Both are forms of intellectual property but cover very different aspects of a business.

Do patents apply internationally?

Patents are territorial rights, meaning protection must be applied for in each country or region where you want coverage. Options include filing national applications or using international systems such as the European Patent Convention or the Patent Cooperation Treaty for multi-territorial protection.

What happens if someone copies my invention?

If another business makes, uses or sells your patented invention without permission, this may be an infringement. The first step in the process is to gather evidence and seek legal advice. Depending on the situation, this can lead to negotiations, licensing, or court proceedings to enforce your rights. Expert advice is critical because defending parties can sometimes go on the counterattack. Therefore, it is crucial to know what your strengths and weaknesses are.

Can I challenge someone else’s patent?

Yes. If you believe a patent should not be granted (or should not have been granted), you may be able to oppose it or apply for it to be revoked. Common grounds include lack of novelty, obviousness or that the invention is not patentable subject matter. The process can be complex and professional advice is usually sought to avoid the possibility of wasting costs later on and to establish any risks that an action might trigger.

What is patent infringement?

Patent infringement occurs when someone uses a patented invention without the patent holder’s permission. This includes making, selling, importing or using a product or process covered by the patent. Infringement can happen even if the infringer did not realise the patent existed.

How are patent disputes resolved?

Patent disputes can be resolved through negotiation, mediation, licensing arrangements or court action. In the UK, specialised courts such as the Intellectual Property Enterprise Court handle many patent cases. The best approach depends on the nature of the dispute and the commercial objectives of those involved.

What evidence is needed for a patent dispute?

When bringing a claim, key evidence to support it usually includes the patent itself, proof of ownership and details showing how the alleged infringer is using the invention. Technical comparisons and expert reports are often needed to demonstrate infringement or to defend against a claim.

Can I enforce my UK patent abroad?

A UK patent only covers the UK. If infringement happens in another country, you can only take action there if you also hold a granted patent in that jurisdiction. This is why many businesses seek protection in any country or region where they expect to operate or face competition.

How do I start the patent application process?

The process usually begins with a search to check whether your invention is new, followed by preparing a detailed patent application. The application is then filed at the UK Intellectual Property Office. Many inventors choose to work with a patent attorney to maximise their chances of success. Drafting a patent correctly takes skill and years of experience. Often, this will be the difference between success and failure.

Do I need a prototype before applying for a patent?

No, a working prototype is not required. What matters is that you can clearly describe how your invention works in enough detail for someone skilled in the field to reproduce it. Drawings, descriptions and claims in the application provide this information.

When should I apply for a patent?

It is important to apply before disclosing your invention publicly, such as through sales, publications or presentations. Public disclosure before filing can prevent you from obtaining a valid patent and scupper your chances. Filing early secures a priority date, which establishes your place in line against later applications.

Can I apply for a patent myself?

Yes, individuals can apply for patents without professional help, but the process is complex. A poorly drafted application may not provide effective protection, rendering it useless for what you needed it for. For most businesses, working with a patent attorney vastly improves the quality of the application and reduces the risk of costly mistakes. Those that succeed would not dream of going it alone.

What is the role of a patent attorney?

A patent attorney is a specialist who advises on protecting inventions and manages the patent process. They draft applications, handle communication with the patent office and represent clients in disputes. Their expertise helps ensure patents are robust and enforceable. In the UK, qualified patent attorneys have chartered status. Always choose an attorney that is fully regulated within the profession (SH&P are fully regulated by IPReg).

How do I decide where to file for patent protection?

The decision depends on where you plan to manufacture, sell or license your invention and where competitors operate. Many businesses start with a UK application, then extend to other countries or regions through international systems, depending on commercial goals and budget.

How can SH&P help me with patents?

We offer a full range of patent services covering all technical disciplines on a worldwide basis, as follows:

  • Assessing the patentability of inventions
  • Drafting, filing and prosecuting to grant British, European (EPC) and International (PCT) patent applications
  • Instructing the filing and prosecution to grant of patent applications worldwide
  • Patent searches, either to assess patentability or to determine freedom to operate
  • Defending patents in European (EPO) opposition/appeal proceedings
  • Filing oppositions against competitors European patents or otherwise applying for the revocation of competitors’ patent rights
  • Advising on strategies to avoid patent infringement
  • Assistance in enforcing patents against potential infringers
  • Assistance with the assignment of patents and the formal recordal of assignments
  • Maintaining patents and keeping them in force
  • Validating European patents
  • Due diligence in business acquisitions
  • Providing early advice to start-up and spin-out companies on establishing patent portfolios
  • Providing tailored lectures or seminars on the patents system

Essential patent reading

For inventors and businesses looking to exploit their inventions, a good understanding of what a patent is and how the patent process works is essential. These guides will give you the information you need as you set out on the patent journey.

Patents

The UK Patent Process

A quick guide to the UK patent process - covering confidentiality, filing, examination, grant and renewals. The essentials for patenting an invention are all here.

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Patents

Should I Patent My Invention?

Find out why patenting your invention can protect your ideas, increase business value and create revenue opportunities. Essential reading for inventors and businesses.

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The Patent Box - Tax Relief Explained

Learn about the Patent Box scheme: a powerful UK tax incentive offering 10% Corporation Tax on patent-related profits. Does your business qualify?

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Patents

UK Patent Practice – A Simple Guide

Understand UK patent basics: requirements, application stages, costs and enforcement. An essential grounding for inventors and businesses.

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Patents

What Are Patent Monitoring Services?

Discover how patent watch services help you monitor what your competitors are doing and stay on top of the latest developments in your technological field

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The Benefits of an Intellectual Property Portfolio Audit

There are many benefits to properly auditing your intellectual property portfolio and this guide walks you through the key considerations to be thinking about.

We are UK and European patent attorney specialists

3 steps to patent success

Patents

➡️ Protect

A patent gives you an exclusive right to control how your invention is made, used or sold. Filing early secures your position, prevents your competitors from establishing a prior right and establishes a strong foundation for future growth.

Patents

➡️ Enforce

A granted patent provides legal standing to challenge infringement and defend your market share. Enforcement options include injunctions, damages, and favourable negotiated settlements, ensuring your rights remain commercially meaningful.

Patents

➡️ Prosper

Patents are extremely valuable business assets that can attract investment, support premium pricing and generate revenue through licensing or sale. Strategic patenting turns technical ideas into long-term commercial advantage.

Let's work together

Choosing the right firm for your patent needs is a big decision and prospective clients often want to compare firms on the basis of expertise, value and service before making their choice. SH&P was first established 1915 and is recognised as one of the leading UK patent firms, with a substantial client base serving domestic and international businesses. We offer the depth of expertise of a top-tier practice combined with a personal and client-focused approach.

We are regulated by the Intellectual Property Regulation Board (IPReg), ensuring that our qualified patent attorneys meet rigorous standards of training and professional conduct. Our UK patent attorneys are also qualified to act before the European Patent Office. We maintain comprehensive professional indemnity insurance and have robust procedures in place for client care, with further details available upon request.

We believe that strong personal relationships are at the heart of effective IP advice and it is these client relationships that are so important to us. Our patent team is committed to providing you with clear, practical and commercially relevant guidance, tailored to your needs, your business and your technical field. We speak in plain English, not in jargon. Try us, meet with us, discuss your objectives with us and then decide for yourself.

Our patent team

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Andrew Flaxman

Andrew Flaxman

Patent Attorney, Partner

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Kate Lees

Kate Lees

Consultant Patent Attorney

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Richard Turner

Richard Turner

Patent Attorney, Partner

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Sophie-Beth Aylett

Sophie-Beth Aylett

Consultant Patent Attorney

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Latest patent news

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