Registering a patent in the UK is a means of protecting your intellectual property. A patent is a powerful tool that fosters creativity and protects inventors, providing a framework that encourages people to develop more groundbreaking technologies.
Your invention results from your hard work, and seeing people use it without your permission can be frustration. That is where the patent comes in. Registering a patent establishes you as the rightful owner of your invention while also creating a pathway for future investments and collaboration.
This blog post will provide a comprehensive guide to registering a patent in the UK. We will also list and explain obstacles you can encounter and how to navigate them effectively. If you are ready to protect your invention, let us guide you through the process seamlessly.
How to Register a Patent in the UK
Applying for a patent in the UK entails safeguarding one’s intellectual property. If you have invented a new product that is deemed patentable under the applicable patent law, you can patent it by applying to the UK Intellectual Property Office (IPO). However, before proceeding with the application, there are a few things you need to know.
What is a patent in the UK?
Like other types of intellectual property, a patent is an intellectual right granted to an inventor. Patents prevent competitors from exploiting your invention commercially. People who wish to use your invention will have to seek your permission.
Types of Patents in the UK
While there are different types of patents in countries like Nigeria, the US, etc., patents only apply to inventions in the UK. Anyone applying for design protection has to do it through registered design or unregistered design rights.
When you apply for a patent in the UK and your application is approved, the granted intellectual property rights allow you to license and sell your invention exclusively within the UK. Also, a patent lasts 5 years in the UK. However, it can be renewed every year after that, up to a maximum of 20 years.
Eligibility Criteria for Patent Registration in the UK
If you are applying for a patent cover in the UK, your invention must meet specific criteria, or your application will not be granted. Here is what you need to possess to get patent approval:
- Your invention must be completely new and not publicly available anywhere in the world.
- The invention must demonstrate an inventive step and must not be just a simple improvement on something that already exists.
- It must be something that can be made or used. It could be a machine, a method of doing something, or a technical process.
Your invention must also not be excluded as there are a few things you cannot patent in the UK. They include:
- Software with no technical purpose
- Medical diagnosis or treatment method
- A way of doing business, playing games, or thinking
- Musical, artistic, dramatic, or literary works
- A mathematical method, a discovery, or a scientific theory
- ‘essentially biological’ processes like animal cross-breeding or plant variety discovery
- A way of presenting information
Process for Registering a Patent in the UK
When filing a patent application in the UK, you should do the following:
1. Conduct a patent search.
Since filing a patent in the UK attracts a fee, you want to ensure you are not wasting your time and money. Search to ensure you are not applying for an already-patented invention. Check publications everywhere possible to ensure your invention is new and no one has patented something like it.
2. Prepare a patent application.
Once you have searched and confirmed that your invention has never been registered, it is time to prepare your application. Here is what your application should include:
- A Description of Invention: This is where you describe your invention in an easy-to-understand way. You should explain how it works and how you made it. If necessary, include a drawing that will explain the invention further. The drawing must only be in black.
- Claims: The claim is the legal statement that spells out the technical features of your invention to be protected. In short, you should explain what you want to protect in the claims.
- Abstract: The abstract summarizes the vital technical parts of your invention.
3. Apply.
Ensure all necessary things are included in your application and submit it to the UK IPO. You can do this in person or online. Your initial application must include your description and drawings. The claim and abstract can be filed later.
4. Pay the fees.
Pay the fee for your application. The cost of the application can be between £60 and £112.50. A search can cost £150 to £180, while a substantive examination can cost £100 to £130.
5. Wait for the examination.
Wait for the UK IPO to examine your application and reply. The process can take some months, so you have to wait patiently. If the IPO has any objections, they will notify you. Be sure to respond promptly.
6. Grant of a Patent
You can expect it to take between 2 to 4 years for your patent to be approved. If your application is successful, the IPO will grant you a patent, and you will have exclusive rights to the invention for 5 years from the filing date. The patent can be renewed very year after that, up to a maximum of 20 years. Your application will be published and IPO will send you a certificate.
While you can file your patent application yourself, it is always advisable to use the services of an experienced patent attorney or agent because there are rules to follow when filing the patent. If you fail to follow the rules, your application may be rejected.
If you wish to file the patent yourself, these guides can help you. However, you cannot change your invention once you file the initial application. For example, you cannot add new features to the application.
How Much Does A Patent Cost In The UK?
The cost can vary depending on your industry and other factors. It can cost around £4,000 to £9,000, inclusive of legal fees. This is just an estimate and not an official fee. Patent grants can take a lot of time and up to five years because they are complex.
How long does a Patent last in the UK?
A patent lasts a maximum of 20 years in the UK, but after the fifth year, you must pay maintenance fees every year until the 20th year. If you fail to pay the maintenance fees, you can accumulate fines, and your invention protection may be in danger.
Conclusion
Registering your patent in the UK slightly differs from other countries because there is only one type. When registering your patent, it is essential to seek the help of an experienced patent attorney or a patent agent. You can do it yourself if you have all the right tools and technicalities, but it is usually easier with an expert.