Notice the clever pop-up grip on the back of a mobile, or the unique lid on your coffee cup? These are not just good designs; they’re often protected because an inventor first wondered how to protect an invention from being copied. That initial fear of a great idea being stolen is exactly why patents exist.

A patent is the legal tool that provides this protection. Think of it like the deed to a piece of land: the deed doesn’t give you permission to build, but it gives you the power to stop others from trespassing. A patent grants you the exclusive right to prevent anyone else from making, using, or selling your invention for a limited time.

What a Patent Actually Does for You

Many inventors believe a patent is a licence to sell their product. In reality, it’s a right to stop others from doing so. This ability to block competition is a key benefit, creating a protected space in the market so you can prevent others from profiting from your hard work. It gives you a crucial head start, ensuring a bigger company can’t simply launch a copycat product and put you out of business.

A patent is a powerful business tool, but it’s not a golden ticket. You still have to handle things like manufacturing costs and safety approvals. Its specific job is to act as your legal shield against infringement.

Is Your Idea Patentable? The 3 Tests It Must Pass

Not every idea qualifies for a patent. To be patentable, your invention must pass three fundamental tests that measure its originality and function.

First, your idea must be new (the legal term is ‘novel’). This means it can’t already exist anywhere in the public domain. To check this, examiners look for ‘prior art’—all the public knowledge that existed before your invention, like old patents, published articles, or products already for sale. If it is out there, your idea is not new.

Next, it must have industrial application and be inventive (or non-obvious). Industrial application is simple: it has to work and be useful. Inventiveness is trickier; it can’t be a simple, predictable tweak. For example, making a metal fork out of plastic is likely obvious. But combining a fork and a spoon to create the first spork was an unexpected solution.

If your invention is new, useful, and represents a creative leap, you have cleared the main hurdles.

Patent vs. Trademark vs. Copyright: Protecting Your Work

It is a common point of confusion, but mixing up these terms can be a costly mistake. While a patent protects your invention itself, other tools are needed for your brand and creative content. Think of a patent, trademark, and copyright as a family of protections called ‘intellectual property’, where each member has a very specific job to do.

  • Patent: Protects an invention (e.g., a new type of can opener).
  • Trade mark: Protects a brand (e.g., the name ‘Coca-Cola’ and its script logo).
  • Copyright: Protects a creative work (e.g., the lyrics to a song or the text of a book).

In short, you patent an invention, trademark a brand, and copyright a creation. Choosing the right tool is the first step in building a strong wall of protection around your hard work.

How to Get Started: The Patent Process

Before spending significant time or money, the first step is to conduct a patent search. This is your detective work, where you dig through existing patents and public documents to see if your invention—or something very close to it—already exists as prior art. You can even conduct a basic search for free using online tools from Google and Espacenet, although subscription tools such as PatSnap are far more efficient.

If your search looks promising, a patent application can be filed at the UK Intellectual Property Office (or at a patent office in another country if you prefer).

A patent is a legal document that protects an invention and generally consists of several essential parts: the title and abstract, which provide a brief overview of the technology; the specification, which includes a detailed written description and background of the invention so that others in the field can understand how it works; and drawings or diagrams that visually illustrate the design. The most critical component is the claims section, as this specifically defines the legal boundaries and scope of what the patent protects.

Once filed, the IPO conducts a preliminary examination and a search of existing “prior art” to determine if the invention is truly new and inventive, typically publishing the application 18 months after the filing date to make it public record. The applicant must then request a substantive examination, where an examiner scrutinises the application in detail to ensure it meets all legal requirements and addresses any objections raised. If the examiner is satisfied that the invention is unique, inventive, and industrially applicable, the patent is granted, providing the owner with legal protection for up to 20 years, provided that annual renewal fees are paid starting from the fourth anniversary of the filing.

The Big Questions: Patent Cost and Duration

Let’s talk money. The direct UKIPO filing fees are just a few hundred pounds. The real investment is hiring a patent attorney, which can range from £2,000 to over £10,000 for a full application. Their expertise is vital for navigating the complex process and drafting a patent that holds up under scrutiny.

For that investment, how long does your protection last? A patent generally lasts 20 years from its filing date, To keep patent protection active, you must pay ‘maintenance fees’ to the UKIPO.

If you require patent protection in other countries there will be significant additional costs

Your Next Step: From Idea to Protected Invention

Your best next move is simple and costs nothing: write it all down. Describe your invention in detail, sketch how it works, and explain the unique problem it solves. Make sure to date and sign your notes, and don’t tell anyone. If you prefer, you can use our invention disclosure form. Just contact us and we will send this over to you.

This simple act transforms a fleeting thought into a tangible asset. You are creating the first concrete record of your idea, giving it a time and a place in the world. This is the foundational step from simply having an idea to owning your ingenuity. Next step – deciding whether to file a patent application or rely on other some form of intellectual property protection.