The details of all registered patents are made public in exchange for legal protection against copying or infringement provided by the Intellectual Property Office (IPO).
How can I patent my invention?
To patent an invention, you must be able to show that you have created a device or process that can be used for practical purposes. Once you have checked with the IPO and established that a similar device does not already exist, you can file a patent application, typically with the assistance of a legal professional.
To make a successful application, you must provide a detailed description of how the product works, along with illustrations if necessary, legal claims for the parts of your invention that require protection, and an abstract summarising the technical workings of the invention.
How much does it cost to apply to the IPO for a patent?
Once you have prepared and finalised your designs, specifications, and other supporting documentation, including the patent application forms, you will be ready to submit your application.
There are usually three separate costs involved in making a patent application, and each has a different price depending on whether you apply online or by post. These are the application fee, search fee, and substantive examination fee.
If you apply online, the total cost for the full patent process, including these three elements, is £230. If you apply by post, the fees are higher, with the full process costing £280.
Once your patent has been granted, you will also need to pay regular renewal fees to keep it active.
What are the benefits of a patent?
Owning a patent allows you to assert your right to an invention or process, ensuring that nobody else can copy unique elements and pass them off as their own. While it is possible to keep an invention or process secret, you will not be protected if a third party independently develops the same idea and patents it first.
Although a patent makes the workings of your invention or process public, it also gives you exclusive rights to use the patented invention for commercial gain, ensuring you benefit financially from the sale or implementation of your idea. In many cases, it also gives the owner the ability to monetise the idea by licensing the technology or work.
How long does it take for a patent to be granted?
Applying for a patent can be a lengthy process, usually taking between one and four years for the full patent to be granted. During that time, your rights as the creator of the invention or process are still protected through patent pending status.
As soon as you submit the initial application, your invention is protected from third-party patent attempts. From that point, you will have a 12-month period to decide whether you want to pursue and finalise your application.
What should I do if my patent is infringed?
If you believe your patent has been infringed, and core elements of your protected device, workings, or processes have been copied by another party, consult a legal service provider with specialist expertise in patents and intellectual property law. They will be able to advise you on the appropriate steps to protect your rights and make a claim against those responsible.
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