Protecting your innovation is crucial, and filing a patent is one of the most effective ways to secure your intellectual property. If you’re developing a new product, process, or invention in the UK, understanding the patent application process can help you safeguard your ideas and maximise commercial value. Here’s how to file a patent application in the UK.
1. Confirm Your Invention Is Patentable
Before starting, ensure your invention meets the UK Intellectual Property Office (UKIPO) criteria:
- Novelty: Your invention must be new and not disclosed anywhere in the world. You can use search tools such as Espacenet and Google Patents to search for earlier patents.
- Inventive Step: It must not be obvious to someone skilled in the relevant field.
- Industrial Applicability: The invention must be capable of being made or used in industry.
- Not Excluded: Abstract ideas, mathematical methods, and some business methods are not patentable.
Tip: Conduct a preliminary novelty search to check if similar patents exist.
2. Prepare Your Patent Specification
A strong application starts with a well-drafted patent specification, which includes:
- Title: Brief and descriptive.
- Description: Detailed explanation of your invention and how it works.
- Claims: Define the scope of protection you’re seeking.
- Drawings: To illustrate your invention.
- Abstract: Concise summary.
Recommendation: Professional drafting significantly increases your chances of success and can save time in the long run. The cost of drafting your application can vary from £1,500 – £10,000 depending on complexity and the firm that you decide to work with.
3. File Your Application with the UKIPO
You can file your patent application online or by post.
The initial filing requires:
- Patent specification (description, claims, drawings, abstract)
- Completed application form (Form 1) and request for search (Form 9A)
- Payment of the filing fee – £60 if you file online. If requesting search, you also need to pay the search fee of £150.
Note: You can also request examination at the point of filing if needed.
4. Receive Your Filing Date
Once filed, you’ll receive an official filing date. This is critical, as it establishes your priority over later applications for the same invention.
5. Search and Publication
- Search Request: Submit Form 9A and pay the search fee within 12 months of filing (usually at the time of filing). The UKIPO will conduct a search for prior art.
- Publication: Your application is published 18 months after your filing (or priority) date.
6. Examination
Request substantive examination (Form 10) within six months of publication (again, this can be requested at the time of filing) and pay the £100 fee. The UKIPO will assess if your invention meets all legal requirements. You may need to respond to objections or amend your application.
If working with a patent attorney (which we strongly recommend), you can expect to pay between £1,000 – £2,000, at least, during examination to progress your application to grant.
7. Grant and Maintenance
If your application is accepted, the UKIPO will grant your patent . You’ll need to pay annual renewal fees to keep your patent in force. Renewal fee start at £70 for the 5th year rising to £610 for the 20th year – see UKIPO patent renewal fees. We recommend working with a patent attorney to ensure that deadlines are met. A patent attorney should not be charging any more than £250 to renew a patent. If they are, you are paying too much.
Quick Tips for Success
- Confidentiality: Don’t disclose your invention publicly before filing.
- Professional Advice: Consider working with a qualified patent attorney to navigate complex requirements.
- Global Protection: If you plan to file overseas, you will need to file applications in other countries within 12 months of your UK application (priority period).
Need Help with Patent Filing?
At Panoramix IP, we specialise in guiding inventors and businesses through the UK, EU, and US patent processes. Our experienced team can help you draft, file, and manage your patent application, ensuring your innovation is protected from day one.
Now that you know how to file a patent application in the UK, Contact us today to discuss your invention or get started with your UK patent application.
