How to Patent an Idea in the UK

Patenting an idea can be a crucial step for inventors, entrepreneurs and businesses in the product design process. If you want to protect an innovation and maintain exclusive rights to a creation, then it is recommended to get the idea patented.

In the UK, the process of patenting an idea is carefully regulated and involves several steps. In this blog post, we’ll walk you through how to patent an idea in the UK, what qualifies for a patent, and some tips we’ve learned over the years for navigating the system successfully.

Firstly, it might be helpful to understand exactly what a patent is. The UK Government describe it as follows:

A patent in the UK can last for up to 20 years, but it must be renewed annually after the first five years.

So, let’s go through the steps you’ll need to take to patent an idea in the UK.

Step 1. What Can Be Patented?

Unfortunately, not every idea qualifies for a patent, so the first step is to make sure your idea is actually patentable.

To be eligible for a patent in the UK, the invention must meet three key criteria:

1. New: Your invention must be original and not have been previously disclosed or used anywhere in the world.

Real world example: Virtual Reality headset
We may think of VR as a modern invention, but it was actually considered new back in the 1950s. An American inventor called Morton Heilig lay the groundwork for the VR headsets we know and use today. His Telesphere Mask (U.S. Patent No. 2,955,156) was the first head-mounted virtual reality display, described by Heilig as a “stereoscopic television apparatus for individual use.”

2. Inventive: It must involve a significant inventive step and not be an obvious modification of an existing idea.

Real world example: Dyson Cyclone Vacuum Cleaner
Dyson’s vacuum cleaner technology used cyclonic separation to capture dust without using bags. This was inventive because it was not an obvious solution to people who had worked with traditional vacuum cleaner designs. The idea of using powerful centrifugal force to separate dirt was a novel approach, and it went beyond a simple improvement of existing vacuum models.

3. Application: The invention must be capable of being made, used, or implemented, and may involve a technical process or method.

Real world example: Apple’s Face ID Technology
Apple’s Face ID system uses facial recognition to unlock devices or authenticate users. It is a technical process because it involves the use of infrared sensors, cameras, and algorithms to analyse the user’s face and match it against a stored map of their facial features. It is both something that can be made and used (on a device like an iPhone) and a method of doing something (unlocking the phone using facial recognition).

If your idea is more of a concept or abstract thought, you won’t be able to patent it. Similarly, mathematical methods, scientific theories, or artistic creations do not qualify for patents, but they might be protected by other intellectual property rights, such as copyright.

Step 2. Conduct a Patent Search

Before you even start the application process, it’s important to conduct a patent search. This helps you determine whether similar inventions have already been patented, which could affect your chances of getting a patent. You can search existing patents using the UK Intellectual Property Office (IPO) website or other global patent databases. If a similar patent already exists, it might be challenging to prove your invention is novel (criteria one above).

You can get free advice from an intellectual property (IP) clinic, there are many across the UK and you can find your nearest one on the UK Government website.

Cornelius Creative Case study:

One of our clients approached us with the task of developing a groundbreaking protein supplement carrier and mixer. Before diving into the project, we began brainstorming ideas and submitted them to our patent attorney partner for an initial patent search.

The feedback we received from the patent attorney was crucial, as the direction we had been considering conflicted with existing patents. The patent attorneys provided valuable guidance on areas we needed to steer clear of, which helped our client avoid both unnecessary development costs and potential legal issues down the line.

Rather than a setback, we saw this as an opportunity to think outside the box. We rose to the challenge, crafting a completely novel design that not only sidestepped patent conflicts but also generated its own intellectual property.

Step 3. Prepare Your Application

Once you’re confident that your idea meets the requirements and is eligible for a patent, you’ll need to prepare your application. This is where it gets technical, and you may want to consult a product design agency like Cornelius Creative to help you with the application. You’ll need to provide:

• A detailed description of your invention: This should explain how your invention works, how it differs from existing solutions, and how it is used.
• Drawings or diagrams: If applicable, provide clear diagrams to visually demonstrate how your invention works. These should be precise and well-labelled.
• Claims: This section outlines the specific aspects of your invention that you want to protect. It’s crucial to word these claims clearly, as they define the scope of your patent.

You can file your patent application online through the UK IPO website, or if you prefer you can consult a patent attorney to assist with the technicalities of the process. We have partnered with patent attorneys who have helped many of our clients file patents over the years.

Step 4. File Your Application

Once you’ve gathered everything, you can file your patent application. There are two types of applications in the UK:

• Standard Patent: This offers the full protection of your invention for up to 20 years (subject to maintenance fees).
• Short-Term Patent: This is valid for up to 8 years and is suitable for inventions that have a shorter commercial lifespan.

The application can be submitted to the UK IPO or via the European Patent Office (EPO) if you are seeking broader protection across Europe.

Step 5. Wait for Examination

After submitting your patent application, the IPO will examine it to determine whether it meets the necessary requirements. The examination process can take several years, depending on the complexity of your invention and the backlog at the IPO. During this time, they may request additional information or clarification.

Step 6. Grant of Patent

If your patent application is successful, you will receive a grant for your patent. At this point, you can legally prevent others from using, making, or selling your invention without permission. Keep in mind that after 5 years you will need to pay annual renewal fees to keep the patent in force.

Step 7. Consider International Protection

If you plan to sell or licence your invention internationally, you may want to seek patent protection in other countries as well, otherwise there is nothing in place to stop someone in another country taking your idea. This can be done through the Patent Cooperation Treaty (PCT) or by applying directly to individual national patent offices.

Key Takeaways

• Patenting an idea in the UK can seem like a complex process, but understanding the steps involved and preparing thoroughly can make the journey smoother.
• Whether you’re protecting a game-changing invention or a small innovation, a patent gives you the legal rights to your creation, which can be critical for business success.
• Always seek expert advice if you’re unsure about any part of the process.