A UK patent gives you the right to stop others making, using, selling or importing your invention in the UK without your permission. It lasts up to 20 years from the date you file, as long as you renew it every year once renewals are due. A UK patent does not protect you in other countries.
Decide whether a patent is right for you
You can only patent an invention that is:
- new, meaning it has not been made public anywhere in the world before you file
- inventive, meaning it is not an obvious change to something that already exists
- capable of being made or used, such as a product, a technical process or a way of doing something
You cannot patent literary, dramatic, musical or artistic works, a way of doing business or playing a game, a method of medical treatment or diagnosis, a discovery or mathematical method, or the way information is presented. Since a Supreme Court judgment in February 2026, software is not excluded just because it runs on a computer, but features that are not technical are unlikely to count towards an inventive step. Take professional advice.
When a patent may not be worth it
A patent is expensive to get and keep, and it does not guarantee your invention will make money. Consider the alternatives before you apply:
- IPO fees are modest, but patent attorney fees to draft and prosecute an application usually run into thousands, renewal fees rise every year, and enforcing a patent in court can cost far more.
- Your application is published, usually 18 months after you file, so competitors can read exactly how your invention works. If you stop the application after publication but before grant, you will have given the invention away without protection.
- If your invention cannot easily be worked out from the product, such as a recipe or a manufacturing process, keeping it a trade secret may protect it for longer and cost less.
- If your product will be out of date in 2 or 3 years, a patent that takes several years to grant may not help.
You can get free initial advice on whether a patent is right for you from a patent attorney, an IP clinic or the British Library Business and IP Centre.
Keep your invention confidential until you file
If you show, sell, publish or describe your invention in public before you file, it may no longer count as new and you may lose the right to patent it. There is no general grace period in the UK. The main exception is a disclosure made in breach of confidence, or of information obtained unlawfully, in the 6 months before you file. There is also a narrow exception for displaying an invention at certain international exhibitions.
Before you talk to manufacturers, investors or customers, ask them to sign a non-disclosure agreement. You do not need one with a patent attorney.
If an employee made the invention, check who owns it before you apply.
Apply to the Intellectual Property Office
Before you apply, search patent databases such as the IPO's Ipsum and the European Patent Office's Espacenet to check your invention does not already exist.
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Prepare your documents
Write a description of your invention detailed enough for someone else to make it, the claims (the legal statements of the technical features you want to protect), an abstract summarising the invention, and any drawings. You cannot add new features after you file, so a patent attorney's help at this stage matters most.
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File your application
Apply online or by post. You can file for a filing date only, a filing date and search, or a filing date, search and examination. Your filing date is your priority date, which you will need to protect the invention abroad.
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Request the search
If you did not request it when you filed, you usually have 12 months from your filing date. The IPO searches for earlier documents that suggest your invention is not new or inventive and sends you a search report.
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Wait for publication
The IPO publishes your application, usually 18 months after your filing date. Your name, address and the full application become public. You can mark your product 'patent pending' from when you file.
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Request the examination
You must ask for a substantive examination - it does not happen automatically. You usually have 6 months from publication. The examiner checks whether the invention is new and inventive and whether the application meets the requirements. You can amend your application to answer their objections.
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Get your patent granted
If your application meets the requirements, the IPO grants the patent, publishes it in its final form and sends you a certificate.
You can ask for your application to be processed more quickly, for example if your invention has an environmental benefit (the green channel) or you have a good business reason, such as securing investment.
After your patent is granted
You are responsible for renewing your patent every year and for taking action if someone copies your invention. If you miss a renewal, the patent lapses, although you can pay late for up to 6 months and may be able to restore it after that.
A limited company that earns profits from a granted patent may be able to pay less Corporation Tax on them through Patent Box, and the development work may qualify for R&D relief.
Protect your invention abroad
To protect your invention in other countries, apply through the European Patent Office, the Patent Cooperation Treaty (PCT) system run by the World Intellectual Property Organization, or directly to each country's patent office. You usually need to file abroad within 12 months of your UK filing date to keep your UK priority date.
Legal basis
Primary legislation and key regulations