Guide to Patents in the UK

Ideas are not tangible, like money or property, but that does not mean that ideas cannot be protected. Almost every state has legislation that defends the rights of those who bring forward innovative concepts. Patents are one of the most important parts of Intellectual Property Law and, through them, the Government acknowledges original ideas and establishes a set of rights for inventors. The history of patent law in Europe started in 15th century Venice, where the state would issue decrees for glassmakers to prevent other people from stealing their ideas. This system was rapidly adopted by other countries, including England, which used them to encourage inventions during the Industrial Revolution. While the basic principles behind patents have remained the same, the process of obtaining them has changed in time, becoming more selective and complex.

Definition and benefits of Patents

Patents are a way in which inventors can prevent competitors from stealing and using their ideas without consent. In the United Kingdom, they are issued by the UK Intellectual Property Office and are enforceable in a court of law. Patents allow inventors to exclude individuals and organisations from using their ideas for a period of 20 years after the filing of the application.

In order for the patent application to be successful, an invention must respect three major requirements:

• It must be new; 
• It must be commercially viable and have a clear application in a particular field;
• It must be non-obvious: it must include an innovative element that adds something new to the field and that is not apparent to a specialist.

It is important to point out that patents only establish territorial rights: if you obtain a patent in the UK, then it will only protect you on the territory of the United Kingdom. If your invention needs protection on more than one market (such as in the case of multinational enterprises), then you will need to file a foreign patent application.

Patents offer great benefits for inventors, and these are the most important reasons why they should at least be taken into account:

• Patent owners are granted Intellectual Property Rights, which means that they can refuse any party attempting to copy, sell or use their invention in any way without consent; 
• Should someone infringe the rights of the patent owner, then the owner has the right to take legal action and claim damages;
• The owner can sell the invention and Intellectual Property Rights completely or just license the invention to another party and keep Intellectual Property Rights; 
• The patent owner can use the invention to launch a business.

Unpatented inventions are very vulnerable because anyone can make use of them or sell them without consent and without being held responsible in a court of law. Some inventors choose secrecy as an alternative solution to filing for a patent, but this does not work unless the process through which the invention was obtained is particularly difficult to discover.

Before applying for a patent

As beneficial as patents may be, they are not suitable for everyone, which is why inventors should do extensive research on their target market and make sure they meet all eligibility criteria.

Check if your idea really is original

Unfortunately, most patent applications are rejected because those inventions have already been made public somewhere else. This is not to say that the project you worked on is a complete copy, but there are billions of objects and technologies that already exist, and you might not be aware of them. Now, in a time when information is at your fingertips, it is much easier to look for existing inventions. If you skip this step and unintentionally infringe an existing patent, the owner can still take legal action against you. Start by looking for your invention online and see if the search engine retrieves any results. If you cannot find anything or the results do not match your invention in any way, then you should check in a patent library and in booklets and catalogues. This process can be time-consuming, which is why hiring an experienced Intellectual Property solicitor or advisor can be extremely beneficial.

Consider other forms of Intellectual Property

Patents are not the only form of Intellectual Property, and you should not invest time and money in the application if they do not meet your specific goals and requirements. For example, patents in some industries are not profitable enough or require considerable amounts of money to enforce. Professional advice and thorough documentation are key to protecting your original works adequately. Other forms of Intellectual Property include copyright, design rights and trademarks.

Maintain confidentiality

One of the main criteria that you must meet in order to obtain a patent is to bring forward an invention that has never been made public before. Therefore, if you talk about your invention in an advert, news article or public demonstration, your application could be rejected. Any discussions with contractors, business partners or IP advisors should only be carried out after drafting a confidentiality agreement.

Patent application process and costs

For best results, inventors should receive professional legal advice throughout the process, because drafting any kind of legal document requires proficient knowledge of specialised terminology. The following documents are needed:

• Patent application including the following: a detailed description of the features and manufacturing process of the invention, illustrations, technical specifications and a summary explaining the utility of the invention; 
• Form 1 ‘Request for grant of a patent'
• Form 7 ‘Statement of inventorship and of right to grant of a patent' (only if the person filing the application is not the inventor)

If the invention is eligible, the application will be made public by the UK Intellectual Property Office after 18 months. Applications are published both in UKIPO records and online patent journals, where others can search and read them.

After this, the UKIPO will conduct a security check and substantive examination.

Application fees depend on the medium through which the inventor files the application. If the traditional paper format is preferred, then the total amounts to £280, but filling in forms online is more affordable. None of these fees are refundable.

On average, inventors receive patents within three or four years after filing the application, but there are ways to speed up the process.

What happens after you obtain the patent?

After the inventor obtains the patent, he or she will have to pay annual renewal fees for as long as the patent is live. Fees increase every year, so inventors must be prepared for a long-term financial investment.

The patentee has the right to take legal action against anyone who attempts to copy the invention. Most cases end in a settlement, but there are also rare situations when the opposing party brings sufficient evidence to cancel the patent.

In the United Kingdom, patent infringement cases are enforced in Court, and they are not the responsibility of the UKIPO.