How to register a patent in the UK: Steps, renewal, and costs

In an earlier article, we outlined how to register a patent in Nigeria. Now, I’ll show you how to register a patent in the United Kingdom (UK).

For inventors, registering a patent in the UK is a critical step toward safeguarding a new, useful, inventive product, device, method, or process. A patent grants you exclusive rights over your invention, giving you the legal authority to stop others from making, using, or selling it without your permission. This protection strengthens your competitive position and ensures you can fully capitalize on your innovation.

However, securing a patent is one of the most challenging and expensive intellectual property rights to obtain, and enforcing it can be even more costly. Despite this, a UK patent can be a powerful legal tool. For instance, it allows you to take action against individuals or companies that manufacture or sell your product in the UK without authorization.

This guide breaks down the process of registering a patent in the UK, covering everything from the key steps and costs to timelines.

TL/DR: Key takeaways from this article

• Patents provide exclusive rights and protect your inventions by stopping others from using, making, or selling them without your consent.
• The registration process is multi-step; it includes researching, drafting your application, and submitting it to the UK Intellectual Property Office (IPO).
• Costs to consider include application fees, search and examination charges, and optional professional assistance fees.
• Securing a patent can take several years—anywhere from two to four years, depending on the complexity and whether there are any objections or delays during the examination process.
• While UK patents cover only the UK, you can extend protection abroad for additional processes and costs.

What is a patent?

A patent is a legal right granted to the inventor of a new product, process, or method; it gives them exclusive rights to use and commercialize their invention for a set period (usually 20 years). 

Patents can be granted for novel inventions involving inventive steps that are capable of industrial application. Once granted, a patent allows the inventor to prevent others from making, using, or selling their patented invention without permission.

Patents are managed by the Intellectual Property Office (IPO) in the UK. They can cover innovations across industries, including technology, medicine, and manufacturing.

Who owns the patent?

A patent is typically owned by the inventor unless the rights have been legally transferred to another party.

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• Employees and employers: If an invention is developed during the course of employment, the employer usually owns the patent rights unless otherwise agreed. However, the employee is entitled to fair compensation outside their regular salary, which can be enforced through legal action.
• Licensing and selling: Patent holders can grant licenses to others, allowing them to use the invention for a fee. Alternatively, the patent can be sold outright to another party.

What can you patent in the UK?

Your invention must meet specific criteria to qualify for patent protection in the UK. 

To be eligible, your invention should be:

• New: It must not have been publicly disclosed anywhere in the world, including publications, presentations, or other public forums.
• Inventive: It must involve more than an obvious modification to existing products or methods.
• Capable of industrial application: The invention should be something that can be made, used in a technical process, or serve as a practical method of doing something.

Examples of patentable items include new machinery, manufacturing processes, or innovative technical solutions.

What can’t you patent in the UK?

Certain ideas and creations are excluded from patent protection in the UK. These include:

• Creative works: literary, dramatic, musical, or artistic works.
• Abstract concepts: methods of doing business, playing games, or purely mental processes like thinking strategies.
• Medical techniques: methods of medical treatment or diagnosis.
• Scientific discoveries: natural discoveries, theories, or mathematical formulas.
• Data presentation: how information is arranged or displayed.
• Biological processes: natural processes like breeding animals or plants.
• Non-technical software: software with no clear technical purpose. For example, software for controlling a driverless car might be patentable; however, a chess-playing app or other non-technical software is unlikely to qualify.

Pro tip: If your invention involves software, consider consulting a patent attorney to determine whether it meets the technical criteria for patent protection. This professional advice can clarify whether your innovation is eligible.

Before you apply

Some considerations before applying for a patent in the UK

Applying for a patent is a significant investment of time and money, so it’s crucial to assess whether it’s the right move for you. 

Here are some key points to consider:

• Check for existing inventions: Ensure your invention is truly unique by researching online for similar products or ideas.
• Weigh the costs and benefits: Patents can be expensive to obtain and enforce, and having a patent doesn’t guarantee profitability. Evaluate whether the potential benefits outweigh the costs for you and your business.
• Consider a patent attorney: A patent attorney's services can cost several thousand pounds, but their expertise significantly increases your chances of success.
• Success rate: Filing without professional help has a low success rate—only about 1 in 20 applications reach approval. Even if your application is successful, it will take years before your patent is granted.
• Enforcement: You’ll be liable for any legal action necessary to enforce a granted patent, including all costs incurred.

 3 tips for a successful UK patent application

Tip 1: Get professional advice

• Consult a patent attorney for expert guidance on your invention’s patentability and the application process.
• Visit the Chartered Institute of Patent Attorneys at www.cipa.org.uk to locate a qualified patent attorney near you.
• Use free resources such as:

• Local patent attorneys may offer basic advice without charge.
• Intellectual Property (IP) clinics.
• The British Library Business and IP Centre in London.

Tip 2: Protect your invention

• If you must discuss your invention with someone other than a patent attorney, ensure a non-disclosure agreement (NDA) is in place to keep your idea confidential.
• Avoid publicizing your invention until you’ve secured patent protection, as public disclosure could disqualify your application.

Tip 3: Weigh costs and benefits

Carefully consider whether pursuing a patent aligns with your business goals. For some inventors, the costs and effort might outweigh the potential benefits.

How can a patent attorney help?

A qualified patent attorney can:

• Help draft and prepare a strong patent application.
• Navigate the complex process of securing a patent from the IPO.
• Communicate with the IPO on your behalf to address any queries or issues.

Steps to register a patent in the UK

Step 1: Prepare your application

Once you've confirmed your invention is novel, the first step in registering a patent is preparing a comprehensive and detailed application. This step is crucial because errors or omissions can lead to rejection.

A complete patent application must include:

1. Written description: A thorough explanation of your invention that demonstrates how it works and how it can be made. It should be clear enough for someone skilled to replicate your invention.

2. Claims: precise statements defining the technical features of your invention that you want to protect. These claims form the legal foundation of your patent rights.

3. Abstract: A summary outlining the key technical aspects of your invention. It helps provide an overview for those reviewing your application.

4. Supporting drawings or diagrams: Visual aids to clarify and illustrate the details of your invention. These are especially useful for complex inventions.

Important notes for application preparation

• Ensure your description, claims, and abstract meet the formatting and content rules set by the UK IPO. Incorrect or incomplete documents may need amendments, delaying the process.
• Once your application is filed, you can’t modify your invention by adding new features. Errors or omissions in your submission could result in rejection.
• A patent attorney can guide you through the preparation process, ensuring all documents are accurate and meet the required standards.

Step 2: File your initial application

Filing your patent application with the UK IPO is the next step in protecting your invention. You have the option to apply online, by email, or by post.

What you’ll need for your initial application

Your initial application must include:

• A detailed description that explains your invention in full detail.
• Any supporting drawings to clarify and complement your description?

Optional (but recommended):

• You can submit your claims and abstract later, but including them with your initial application can help avoid delays or discrepancies (e.g., mismatches between your claims and description).

How to file your application

1. Apply Online: The most convenient method is to submit your application through the UK IPO’s online portal.

2. Apply by post or email: If you prefer not to file online, you can download the required forms, complete them, and send them via email or post to the IPO.

Fees for filing an application

Note: These fees only cover IPO processing. If you hire a patent attorney or other professional for assistance, their fees will be separate.

Additional notes:

• You can request and pay for a'search’ at the time of filing. This helps identify similar existing patents and may accelerate the process.
• Once submitted, the IPO will publish your name and application details in their journal, officially recording your filing.

Step 3: After you apply

After submitting your patent application, the process enters a review stage managed by the UK Intellectual Property Office (IPO). 

Here's what happens next:

Acknowledgment of your application

• You’ll receive a receipt confirming your application number and filing date.
• This information officially records the date your application was received.

Initial checks by the IPO

• The IPO performs a basic review to ensure your application is complete and documents are in the correct format.
• If anything is missing, such as forms, required documents, or the filing fee, the IPO will notify you of the next steps and deadlines to correct the issue.

Using 'Patent Pending'

Once your application is filed, you can mark your invention or materials with:

• ‘UK patent pending’ or ‘UK patent applied for.’
• You may display your application number or provide a web address where the details of your invention and application number are visible.

Note: If your application is stopped or terminated, you must remove all references suggesting the invention has a patent pending.

Incomplete documents and missed deadlines 

• If you fail to provide the necessary documents, forms, or payments on time, your application will be terminated.
• The IPO will inform you if this happens, including the reason for termination.

Restarting your application:

• In some cases, you can restart your application by paying a reinstatement fee.
• The IPO will outline the steps and time frame for restarting if this option is available.

Step 4: Patent search, publication, and substantive examination

Before your patent can be granted, the UK Intellectual Property Office (IPO) follows a multi-step process to assess your application thoroughly. 

Here’s what to expect:

Key stages in the patent process

1. Patent search

• The IPO conducts a search to confirm that your invention is novel and involves an inventive step.
• This search examines your ‘claims’ to identify any existing documents that might conflict with your application.
• You’ll receive a search report outlining the findings, typically within six months of your request.

2. Publication

• If your application is complete, the IPO will publish it, usually 18 months after your filing date. Publication does not mean your patent is granted.
• Your full application, including your name and address, will be available online. The IPO can’t prevent third parties from sharing or reproducing this information.

3. Substantive examination

• A detailed review is conducted to verify if your invention meets all patent requirements, including:
  • Novelty and inventiveness.
  • Proper description and clarity of documents.
• If issues are found, the IPO will provide feedback, allowing you to amend your application and resubmit for re-examination.

Fees for search and examination

You must pay separate fees to the IPO for the search and substantive examination.

Pro tip: Request both the search and substantive examination at the time of filing to save time.

Requesting a search and examination

If you don’t request these stages during your initial application, you must:

• Request a patent search within 12 months of your filing date.
• Request a substantive examination within 6 months of publication.

Failing to request these on time can result in your application being terminated.

After your patent is examined

Your patent will be granted if the examination confirms your application meets all requirements.

If not, the IPO will explain the reasons for rejection, and you’ll have the opportunity to correct and resubmit. There is no limit to how many times you can amend your application.

Step 5: Granting of the patent

Once the UK IPO is satisfied with your application and all requirements are met, your patent will be granted, officially protecting your invention. 

What happens next?

• Your application will be published in its final form, confirming that your patent has been granted.
• You’ll receive a certificate acknowledging that your patent is now in effect.
• As the patent holder, you gain exclusive rights to your invention, preventing others from making, using, or selling it without your permission.

Responsibilities after granting

• Defending your patent: You must be proactive in defending your intellectual property. If your invention is copied or infringed upon, you have the legal right to take action and protect your rights.
• Patent renewal: Patents are granted for a limited period, typically 20 years. You’ll be responsible for renewing your patent during the period to maintain protection.

Renewing a patent

To keep your patent valid and in force, you must renew it regularly. 

Here’s everything you need to know about the renewal process:

Renewal schedule

• Initial renewal (4th anniversary): You must renew your patent on the fourth anniversary of when you first filed your application.
• Subsequent renewals: After that, you’ll need to renew your patent every year on or around the due date—the last day of the month you first filed.
• When to renew: You can renew up to three months before or one month after the due date to avoid late payment fees. 
• Deadline: If you miss this window, you can renew up to six months after the due date, but you’ll have to pay a late fee for each extra month.

Note: If your patent is granted later than three years and nine months after your filing date, your first renewal will be due three months after the patent grant date. 

Renewal fees

Renewing your patent will incur an annual fee that increases as your patent reaches later years. 

Here’s a breakdown of the renewal fees:

Late payment fees

If you don’t renew on time, you’ll be charged a late fee of £24 for each extra month, in addition to the regular renewal fee for the year you are renewing.

Renewal reminders

• Online renewal: When renewing online, you can request that the IPO email you a reminder three months before the next renewal due date.
• Postal reminder: If you miss the online reminder or renew by post, the IPO will send you a reminder by post to the last address you provided. If you want reminders sent to a different address, update your details with the IPO.

How to restore a patent after the late renewal deadline

If you miss the six-month late renewal window, you still have the opportunity to reinstate your patent within an additional 13 months. 

Here's the process:

Steps to restore your patent

1. Fill out the application: Complete an application to restore your patent. This includes providing a written explanation for why you missed the renewal deadline.
2. Submit: Send your application to the IPO, including your explanation for the late renewal.

What happens next?

• Decision letter: You’ll receive a decision letter from the IPO regarding your restoration application. You can proceed with the normal patent renewal process if your application is approved.
• Renew your patent: Next, renew your patent by submitting the relevant renewal form and paying the required fees.
• Publication in the patents journal: Once the IPO receives your payment, your patent will be restored and published in the patents journal.

If your application is rejected

• Request a hearing: If the IPO rejects your restoration application, you can request a hearing with a senior official. Details on how to do this will be provided in the decision letter.

Cost of registering a patent in the UK

The cost of applying for a patent in the UK varies depending on how you submit your application and when you pay. 

Here's a detailed breakdown of the fees:

Cost vs value of a patent

While the upfront cost of registering a patent in the UK may seem high, its value can be substantial, especially for inventions with strong commercial potential. 

Here's a closer look at the benefits:

• Protection of intellectual property.
• Attracting investment.
• Licensing opportunities.
• International protection.

How long does it take to get a UK patent?

Estimated timeline for each stage

The patent application process in the UK typically takes around two to four years, depending on the complexity of the invention and the examination process. 

Here's a rough breakdown of the timeline:

• Filing the application: Instant (once submitted online).
• Formal examination: Around six to 12 months after application.
• Publication: Typically happens 18 months after filing.
• Granting the patent: From two to four years.

Factors influencing patent application timelines

The timeline for getting a UK patent may be influenced by various factors, such as:

• The complexity of your invention.
• Any objections or queries raised during the examination.
• The speed of your response to any requests from the IPO.

FAQs about patents in the UK

What are the three requirements for a patent?

To be eligible for a patent in the UK, your invention must be new, novel, and capable of industrial application.

How much does it cost to register a patent in the UK?

The initial application fee starts at £60. Additional costs for the patent search, examination, and renewal vary. Professional assistance from a patent attorney may increase the total costs. Overall, it can range from £385 to £542.5, depending on the complexity of the application.

How long does it take to get a UK patent?

The process can take anywhere from two to four years, depending on the complexity and whether there are any objections or delays during the examination process.

Can I register a patent without a lawyer?

Yes, it is possible to file a patent application without a lawyer, though it is often recommended to seek professional help to ensure your application is correctly drafted. Patent attorneys are experts in intellectual property law and can provide valuable assistance.

How many countries are covered by my UK patent?

A UK patent only protects within the UK. To protect your invention in other countries, you have to file international patents through systems like the European Patent Convention (EPC), Patent Cooperation Treaty (PCT), or national patent offices in the countries of interest.

How long does a patent last?

A UK patent lasts four years. To keep it in force, you must renew it every year, up to a maximum of 20 years.

Can the UK patent application be filed in any language? 

The official language of the UK patent application is English or Welsh. If you file in another language, you’ll have to submit a translation within two months from the date of the notification.

Do I need a patent to use my invention?

No, you are free to exploit your invention, even without a patent, as long as no one else already holds the patent rights. However, a patent helps protect your invention from being copied.

How do I enforce my patent?

If your patent is infringing upon, you can obtain an injunction to stop the unauthorized use and claim damages. This can be done at the High Court, the Intellectual Property Enterprise Court (IPEC), or the UK Intellectual Property Office. You can’t sue for infringement until your patent is granted.

Conclusion

Registering a patent in the UK is a detailed but rewarding process. You can protect your invention and its potential value by following the correct steps—from conducting a patent search to filing your application with the UK IPO. 

Be sure to factor in the costs, timelines, and potential professional assistance required to secure your patent. Whether you're an inventor, entrepreneur, or small business owner, securing a patent is crucial to safeguarding your intellectual property and ensuring commercial success. 

Disclaimer!

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