How to File a Patent in the United Kingdom: A Step-by-Step Guide

Filing a patent in the United Kingdom allows inventors and businesses to legally protect their inventions and prevent others from making, using, or selling them without permission. In the UK, patents are granted and administered by the UK Intellectual Property Office (UKIPO) under the Patents Act 1977. Below is a clear step-by-step guide to help you understand the process.

Step 1: Check If Your Invention Qualifies for a Patent

Before applying, ensure your invention meets the three core patentability requirements:

1. Novelty – The invention must be new and not publicly disclosed anywhere in the world. 

2. Inventive Step – It must not be obvious to a skilled person in the field. 

3. Industrial Applicability – It must be capable of being made or used in industry.

Not patentable in the UK:

• Discoveries, scientific theories, or mathematical methods

• Business methods (as such)

• Artistic works

• Medical treatment methods (though medical products can be patented)

Tip: Avoid publishing, selling, or discussing your invention publicly before filing — this can destroy novelty.

Step 2: Conduct a Prior Art Search

A prior art search helps you check whether similar inventions already exist. You can search databases such as:

• UKIPO patent search

• European patent databases

• Global patent databases

This step reduces the risk of rejection and helps you draft stronger claims.

Step 3: Prepare the Patent Application

A UK patent application typically includes:

• Description – Explains how the invention works

• Claims – Defines the legal protection scope

• Drawings – Illustrates technical features (if required)

• Abstract – A short summary

Claims are the most important section because they determine your legal protection. Many applicants use a patent attorney to draft them correctly.

Step 4: File the Application

You submit the application to the UKIPO either online or by post.

After filing, you receive:

• A Patent filing date (priority date)

• An application number

This date is crucial because it establishes your rights over others who file later.

Step 5: Request a Search (Within 12 Months)

You must request an official search within 12 months of filing. The UKIPO will review prior patents and publications and issue a search report identifying similar inventions.

This report indicates whether your invention is likely patentable.

Step 6: Publication (After 18 Months)

Your patent application is automatically published 18 months after the filing date. At this stage:

• The invention becomes public

• You gain provisional protection

• Others can view the technical details

Step 7: Request Substantive Examination

You must request examination within 6 months of publication. An examiner evaluates:

• Novelty

• Inventive step

• Clarity of claims

You may receive objections, and you can amend the claims to overcome them. This stage often involves back-and-forth communication with the examiner.

Step 8: Grant of Patent

If all requirements are satisfied, the UKIPO grants the patent.

Duration: Up to 20 years from filing date 

Condition: Annual renewal fees must be paid from year 5 onward

Once granted, you can:

• License the invention

• Sell the patent

• Take legal action against infringers

Final Thoughts

Filing a UK patent is a structured legal process that typically takes 3–5 years. Careful preparation, proper claim drafting, and timely deadlines significantly improve success chances. For complex inventions or commercial strategies, consulting a registered patent attorney is highly recommended.

By following these steps, inventors and startups can effectively secure protection and commercial value for their innovations in the UK market.