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Patent
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A patent is a government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention without their permission.
A UK patent may help if you want to take legal action against someone who uses your invention without your permission. For example, if they sell or manufacture your product in the UK.
A patent lasts 5 years, and you can renew it every year for up to 20 years.
How to be patentable
For your invention to be patentable, your invention must be:
New
an invention that has never been public anywhere in the world before.
Inventive
completely original and not just a modification.
Useful
Makeable
capable of being made and used.
However, an invention is NOT patentable if it is a…
- Discovery
- Scientific theory
- Mathematical method
- Written creation or artistic work
- Mental act, game, or doing business
- Information or computer programme
- Plant
- Method of treatment or diagnosis
So, what are the next steps?
You have a brilliant idea, a new invention, and are unsure of what the next steps are. Below is a helpful checklist of what your next steps are to apply for a patent.
Does it cost to apply for a patent?
Yes, there are filing and processing fees that you must pay to the Intellectual Property Office (IPO) for:
- the initial processing of your application
- carrying out the search and ‘substantive examination’ of your application after you apply
It is also recommended to pay a patent attorney to help with the application process for the best chances of getting a patent granted. This can cost up to several thousand pounds.
| STAGE | APPLY ONLINE | APPLY BY POST OR EMAIL |
|---|---|---|
| Filing an application (if you pay when you apply) | £60 | £90 |
| Filing an application (if you pay later) | £75 | £112.50 |
| Search | £150 (plus £20 for each claim over 25 claims) | £180 (plus £20 for each claim over 25 claims) |
| Substantive examination | £100 (plus £10 for each page of description over 35 pages) | £130 (plus £10 for each page of description over 35 pages) |
Did you know?
Your application could be processed quicker if:
- your invention has an environmental benefit
- you’ve got a good business reason for needing a patent more quickly, such as potentially missing out on an investment in your business without a patent