A patent protects an invention and allows for legal action against anyone who makes, uses, sells or imports the invention without permission.
A patent does not keep an invention secret. In order to get the legal protection, the applicant effectively shares with the public how to create the invention and when the patent expires, other people can then make and sell the invention.
What can be patented:
You can only apply for a patent if you have created something that is inventive, new and useful. A patent can protect things like machines, industrial processes, drugs and their production methods, computer hardware, electrical appliances, and biological products and processes.
What cannot be patented:
Literary, dramatic, musical or artistic works cannot be protected by patent. Neither can anything that’s an idea, a way of thinking, a scientific or mathematical discovery.
How to apply for a patent:
You will need to apply to the IPO for a UK patent and the process can take several years. It can be challenging to be granted a patent, and most applications never result in a granted patent because they don’t satisfy the legal requirements. Patents can give protection for 20 years, and renewal fees will need to be paid each year.
As applying for patents is complicated and expensive, it is a good idea to seek legal advice before applying for a patent. A patent is a legal document and requires specialist skills to draft properly.
Here is a list of qualified Patent Attorneys from the Chartered Institute of Patent Attorneys.
Privacy warning:
A patent will only be granted if the invention is new, so if you have invented something that you are hoping to patent DO NOT reveal this invention publicly before applying for a patent. If you have made your invention public, you could lose the possibility of being granted a patent.
For more information on patents in the UK, please see here.
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