Can you patent a business idea in the UK?

You’ve devised an incredible, novel business idea and decided to launch a start-up, but how do you prevent others from copying your idea and your business?

As a small business owner, it’s natural to want to protect your start-up to help it grow and succeed.

Understanding how patents work can be crucial in safeguarding your business in the UK.

This article will explore how to patent your idea, what kinds of inventions qualify for patents, and guides you through the application process to protect your innovative work effectively.

What is a patent?

A patent is a form of intellectual property that grants the inventor exclusive rights to their invention for a specified period, typically 20 years from the filing date.

This legal protection lets the patent holder prevent others from making, using, selling, or distributing the invention without permission.

Can I patent an idea?

You cannot patent a business ’idea’ or concept in the UK.

Patents are only granted for new, inventive, and practical inventions as a product or process.

Business strategies and ways of doing business usually don’t qualify for patent protection.

However, if your business idea involves a new technical solution or method that is technical in nature, you might be able to patent the specific invention or technology underpinning the concept.

To protect business ideas, you could use other forms of intellectual property, such as trademarks or copyrights, or use non-disclosure agreements to protect the idea when discussing it with others.

Why should I get a patent?

If you plan to sell your invention, you might wonder if a patent is necessary.

The short answer is no, you don’t need one to sell your product.

However, while it’s not essential, a patent could protect your interests and boost your business prospects.

Here are some of the benefits:

• exclusive rights – a patent prevents others from making, using, or selling your invention without permission
• competitive edge – as the sole provider of a unique product or process, you can increase market share
• new revenue streams – a patent will make it easier to license your invention to others for a fee (it’s worth noting that you can technically license an unregistered patent, or trade secret)
• legal protection – it allows legal action against competitors who copy your patent
• encourages investment – by protecting your invention, a patent may help attract more investors
• enhanced business credibility – holding a patent can boost your reputation as an innovator.

Read our guide on how to get more investment to grow your business.

What can be patented

There are some limits on what inventions can be patented.

To qualify as patentable, an invention must meet three main criteria: novelty, inventiveness, and applicability.

1. Novelty

The invention must be new, meaning it hasn’t been publicly disclosed or used before.

For example, inventing a new type of smartphone battery could be patentable if it is genuinely unique.

2. Inventive step

The invention must involve an inventive step, meaning it is not obvious to someone with knowledge and experience in the field.

For example, a new algorithm improving data processing speed might qualify for a patent if it represents a significant advancement that isn’t obvious to an expert.

3. Industrial applicability

The invention must be capable of being made or used in an industry.

It should provide some benefit or solve a specific problem.

For example, a new type of eco-friendly packaging material could be patentable if it is a sustainable alternative to traditional packaging and benefits the manufacturing and retail sectors.

Here are a few more examples of products or services that could potentially be patented:

• a navigation app that uses a unique algorithm to optimise routes
• a new type of child-proof lock with an innovative locking mechanism
• a novel technical process for recycling plastic that increases efficiency and offers an improvement over existing methods
• a vacuum with a novel filtration system that improves air quality significantly
• a portable exercise device with a novel resistance mechanism for strength training.

Each invention must be assessed on its specific details to ensure it meets the necessary criteria.

What ideas are not patentable?

Abstract concepts, mathematical theories, or purely artistic works are not eligible to be patented, as they don’t meet the legal criteria.

For instance, a new painting style or a scientific theory without practical application would not qualify for a patent.

The importance of research

Consider thoroughly researching whether your invention is eligible before you start the patent process.

This could help you assess whether your idea truly meets the patent criteria.

Research could also help you check whether another business has already patented the same or a similar invention.

This could save you time and money and give you the chance to work on your idea to make it truly unique.

The UK Intellectual Property Office (IPO) database could be an excellent starting point, as it provides access to existing patents in the UK.

For a broader search, you could also explore other databases, such as the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO).

These resources could help you identify existing patents, guide your development, and refine your invention.

The patent application process

There are several key steps to follow when applying for a patent in the UK.

First, consider conducting a patent search to check that your idea is unique.

Then, you will need to prepare your application, which will include a detailed description, claims defining the invention’s scope, and any necessary drawings.

The next step is to submit your application to the UK Intellectual Property Office.

It can be helpful to hire a patent attorney to draft precise claims and handle legal details, especially if your invention is complex.

This can improve your chances of success.

Once submitted, your application will be examined for novelty and inventiveness.

If it passes, you will be granted a patent.

The patent process, from application to grant, typically takes 2.5-4.5 years.

Read the government’s guide to getting your patent granted more quickly.

How much does it cost to apply for a patent?

The total cost of securing a patent could vary depending on the complexity of your idea and whether you hire a patent attorney.

You can check the GOV.uk website for a full breakdown of patent forms and fees.

If you hire a patent attorney, be aware that their fees could be substantial, often thousands of pounds.

It’s a good idea to talk to them about your invention to get expert advice and strengthen your application.

Filling in the patent application form

Filing a patent application means completing several key parts, each crucial for a successful application.

Along with your personal details – including full name and business address – you will need to provide:

Detailed description

Explain how your invention works, its purpose, construction, and operation.

It should be clear enough for someone skilled in the field to replicate it.

Claims

These define the boundaries of your patent rights, specifying exactly what aspects of your invention are protected.

Clear and precise claims are essential to avoid overlaps with existing patents and ensure strong protection.

Drawings

Visual representations can be included to clarify the invention further.

They should be detailed and support the written description.

Abstract

A short summary of your invention, highlighting its main features and benefits.

Title

A brief and descriptive name for your invention.

Providing clear and precise documentation could be vital to avoid application delays or rejections.

Ambiguities or omissions could lead to misunderstandings during the examination process, potentially requiring revisions or causing your application to be rejected.

Ensuring accuracy and detail from the start could streamline the process and help strengthen your patent’s validity – and its chances of being granted!

Understanding the examination process

Once you’ve submitted your patent application, it goes through four stages:

1. Search

The UK Intellectual Property Office searches for existing patents and publications related to your invention to assess if your idea is genuinely new.

You’ll get a report with the results, usually within six months.

2. Publication

If everything looks good, your application is published 18 months after you filed it.

This makes the details public, but doesn’t grant patent rights yet.

3. Examination stage

A detailed review checks if your invention meets all the patent requirements.

The examiner looks at the claims and description for clarity and accuracy.

Depending on the complexity of your invention, this stage could take several months to a few years.

4. Grant

Your patent is granted if the examination is successful and any objections are resolved.

You’ll receive a certificate, and your invention is protected from this point.

Throughout the process, you might need to answer questions from the examiners or make changes to your application.

Paying attention to detail is essential, and you’ll need patience as the entire process can take years.

How to get a patent – common pitfalls

Like many business processes, there are pitfalls that could jeopardise your chances of getting a patent.

One major mistake could be publicly sharing your invention before filing.

Sharing details in publications, presentations, or social media could affect your patent eligibility because your invention must be new.

Another error is not providing enough documentation in your application.

A lack of detail in your application can lead to misunderstandings and rejections, so make sure your description, claims, and drawings are clear and precise.

You may also want to keep detailed records of your entire invention process, particularly concerning development stages, experiments, and modifications.

This documentation supports your claims and could be invaluable if legal issues occur.

Read our legal guides for start-ups.

Maintaining and enforcing your patent

Once a patent is granted, it doesn’t last forever.

In the UK, a patent lasts for 20 years from the filing date, and you must pay annual renewal fees starting after the fourth year.

These fees increase over time, with the highest in the 20th year.

If you don’t pay, your patent may lapse, and you will lose protection.

You should also watch the market for any unauthorised use of your invention.

If you suspect infringement – which is the unauthorised use, production, or sale of a patented invention – you may want to consult a patent attorney to assess the situation.

They could help you take appropriate action, such as sending a cease-and-desist letter and pursuing legal action to stop infringement and seek damages.

Proactively managing your patent could ensure your invention remains protected and your rights are upheld.

Which countries are covered by my patent?

A UK patent only protects your invention in the UK.

You may need to take additional steps if your small business works internationally.

If you need protection in other countries, you must also apply for patents there.

You could consider using the Patent Cooperation Treaty (PCT) for a streamlined process in multiple countries.

This allows you to file a single international application but does not grant patents itself.

You may need to research each country’s requirements and fees.

You could also consult with a patent attorney to navigate international applications and ensure compliance with local laws.

Getting international protection for your invention can help you make the most of its worldwide commercial potential.

What next?

Applying for a patent can require a lot of time and money, but it can be worth it for the protection and benefits it offers your small business.

Securing a patent can help your start-up grow successfully and thrive in the long term.

For more guidance, you could explore resources from the UK Intellectual Property Office and consult professional patent advisors.