UK Patent Practice – A Simple Guide

A Simple Guide to Patenting an Invention in the UK for Inventors and Businesses

Securing a granted patent is a vital step in protecting the intellectual property of any technical innovation.

In the UK, patents are granted by the UK Intellectual Property Office (UKIPO) and provide inventors with the exclusive right to control how their invention is used, made or sold for a period of up to 20 years provided the granted patent is renewed annually during its life cycle.

This guide gives a brief outline of the UK patent system, offering practical insight for individuals and businesses of all sizes looking to patent their inventions.

What is a patent?

A patent is a legal right granted for a technical invention, giving its holder an exclusive right to make, use, sell or license that invention in the UK for a period of up to 20 years.

The invention must be new, must involve an inventive step and must be capable of industrial application.

In the UK, patents are governed by the Patents Act 1977, which aligns closely with European and international patent standards.

The UKIPO administers the entire lifecycle of a UK patent from filing through to grant and then renewal at yearly intervals.

Understanding how this process works is critical to ensuring that your invention is protected effectively.

What can and cannot be patented?

As touched on above, a patentable invention must satisfy three legal requirements:

• Novelty: It must not form part of the existing body of knowledge (the “prior art”) in any field, anywhere in the world, before the date of filing. In other words, it must not have been made known anywhere before.
• Inventive step: It must not be obvious to a skilled person in the relevant field.
• Industrial applicability: It must be capable of being made or used in any type of industry.

Certain categories are excluded from patent protection in the UK. These include:

• Scientific discoveries, mathematical methods and abstract ideas
• Aesthetic creations (these may be protected under design rights instead)
• Methods for doing business or playing a game
• Diagnostic, therapeutic and surgical methods for humans or animals

Software may be patentable if it provides a technical contribution beyond its very nature. For example, if the software’s function is to control a physical process or improve computer performance at a technical level and to a degree that involves an inventive step, then it may be patentable.

Applying for a patent in the UK

The patent process in the UK follows a structured and time-sensitive path.

Outlined below are the key steps and typical timeframes:

1. Filing the Application (Month 0)

An initial patent application includes:

• A description of the invention (the specification)
• Claims that define the scope of protection sought
• An abstract and any relevant drawings or diagrams

The act of filing the application establishes a “priority date” from which the novelty and inventive step is then assessed.

2. Search and Publication (Months 6 – 18)

Within 12 months, the applicant must formally request a search and pay the appropriate fee. The UKIPO will conduct a prior art search and issue a search report, which typically occurs around months 6–9 months following the search request.

At 18 months from the priority date, the application and search report are officially published. This is the point in the process that alerts the applicant’s competitors to the pending patent right. Of course, no actionable rights will exist at this stage because there will be no enforceable protection until the patent is granted (if and when it is granted).

3. Requesting Examination (Months 6 – 24)

To proceed to grant, a request for substantive examination must be filed no later than 6 months after publication. This stage assesses whether the application meets all the necessary legal requirements regarding clarity, novelty and inventive step.

4. Responding to Objections (Months 24 – 36)

An examiner at the UKIPO may raise objections to the patent application at the substantive examination stage. Objections are typically based on clarity, novelty and/or inventive step.

The applicant (typically via a patent attorney) must respond, either by amending the claims under objection or by making submissions as to why the examiner is incorrect and that any objection should be waived on account of the legal arguments submitted. Multiple rounds of correspondence may follow.

Substantive engagement with the examiner is crucial at this stage because responses must be detailed and address each objection directly.

5. Grant (Usually within 2 – 4 years)

Once the examiner is fully satisfied and any objections are removed, the patent is granted and published in the official Patents Journal. The date of grant marks the start of enforceable rights.

Once granted, the patentee must pay annual renewal fees starting from the 5th year to maintain the patent’s validity up to a maximum term of 20 years.

How much does a UK patent cost?

For a simple invention, typical costs can start at around £5,000, staggered over the course of time it takes from filing to grant through the various stages of filing, search, examination, correspondence and grant.

Higher costs are often incurred when patenting inventions for complex technologies in the fields of software, chemistry and biotechnology. These costs can be high because of the technical and legal complexity involved and patents in these fields can sometimes be hundreds of pages in length.

Renewal fees increase annually and can total several thousand pounds over the life of a granted patent. Failure to pay an annual renewal results in the patent lapsing.

Enforcing patent rights

A granted UK patent gives the owner the right to stop others from making, using, selling or importing the patented invention without the owner’s permission.

Infringement can be addressed through the UK courts, typically the Intellectual Property Enterprise Court (IPEC) or the Patents Court (part of the High Court).

Remedies available to successful claimants include:

• Injunctions to stop further infringement
• Damages or account of profits
• Delivery up or destruction of infringing items
• Declaration of validity and infringement

Patent enforcement is costly and time-consuming and so commercial decisions whether to proceed in this area should always be based on the needs of your business and clear legal advice.

With that said, businesses can greatly benefit from patented inventions because they provide a monopoly in the market; the financial rewards can be very substantial. These rewards will often justify the expenses that are incurred when enforcing patent rights.

Patent ownership and employee inventions

By default, a company employer becomes the automatic owner of any invention made by an employee in the course of their normal duties or specifically assigned tasks.

International protection

UK patent rights are territorial; they only protect the invention in the UK.

If an inventor wishes to seek protection of the same invention in other countries, options include:

European Patent Convention (EPC)

Through the European Patent Office (EPO), inventors can file a single application designating multiple European countries. Once granted, the European patent must be validated in each selected state before it can be considered to be legally in force in those states.

Patent Cooperation Treaty (PCT)

This route enables international patent protection in over 150 territories by means of a single application. It allows for up to 30 months from the UK priority date before national overseas filings must be made, giving applicants time to assess commercial value and select jurisdictions.

Both routes involve additional costs and procedures, but they offer a strategic and cost-effective pathway to global protection for valuable inventions.

Managing and renewing a UK patent

Patents require active management. Once granted, renewal fees must be paid annually to the UKIPO. These begin modestly but increase year upon year. Failure to renew by the deadline (with a 6-month grace period) results in a patent lapsing.

A patent holder should always maintain a clear record of:

• Renewal due dates
• Payments made
• Any licence agreements or assignments

Effective docketing systems and professional assistance are key to ensuring that no critical deadlines are missed. Specialist patent law firms such as Stevens Hewlett & Perkins routinely take care of patent management services on behalf of clients.

Patent strateges for innovators

For product developers, corporate businesses and scientific teams, patents serve not only as legal tools but also as strategic business assets.

If you are considering patent protection, the following considerations are especially important:

• Use NDAs (Non-Disclosure Agreements) before disclosing any details of your patent to any third party. This will help preserve novelty and therefore patentability
• File early to secure a priority date. This is particularly important in fast-moving industries
• Patent broadly but ensure your claims are focused precisely on commercially valuable features
• Consider licensing or collaborations to monetise your patent when granted. In effect, your patent when licensed then becomes a tool for a very lucrative passive income stream
• Audit your IP portfolio regularly in accord with your research and development marketing goals

In sectors such as medical technology, electronics and advanced manufacturing, IP can form the basis for investment, acquisition or regulatory exclusivity.

Early engagement with a patent attorney ensures that innovation is a precursor to a good protection strategy.

Overall

Patent practice in the UK is structured, formal and deeply intertwined with commercial strategy.

For innovators and developers, it is essential to understand how and when to protect ideas, the steps they need to take, the costs associated with protecting an invention as a patent and how to enforce their rights once a patent is granted.

If you would like more specific advice and wish to discuss in depth the patent process with one of our experienced patent attorneys then please contact us to arrange a consultation.