Apply for a UK patent

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 - it has not been made public anywhere in the world before you file
• inventive - it is not an obvious change to something that already exists
• capable of being made or used - 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. Using a computer no longer excludes software from patenting, 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:

• Cost: IPO fees are modest, but a patent attorney usually charges several thousand pounds to draft and prosecute an application, renewal fees rise every year, and enforcing a patent in court can cost far more
• Disclosure: your application is published, usually 18 months after you file, so competitors can read exactly how your invention works. If your application has been published and you then stop it before grant, you will have given it away without protection
• Trade secrets: if your invention cannot easily be worked out from the product, such as a recipe or a manufacturing process, keeping it confidential may protect it for longer and costs less
• Product life: if your product will be out of date in 2 or 3 years, a patent that takes several years to grant may not help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.

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.

Reduce your tax with Patent Box and R&D relief

A limited company that earns profits from a granted patent may be able to pay a lower rate of Corporation Tax on those profits through Patent Box. The development work that led to the invention may also 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.