Patents information for consumers and small businesses

Patents are national rights protecting inventions. When granted they give you the right to stop other people exploiting your invention without your consent. In return for this right, your invention has to be carefully described in a written document, which is made available to the public. Each country has its own registration system and sets its own application fees and other requirements for obtaining a patent. You must file a patent application in each country you require protection, but there are ways of both deferring and reducing the costs of those filings. The timetable and cost of obtaining patent protection therefore varies according to:

  • How broad are the potential applications of your invention
  • The complexity of the technology
  • How many countries you want to include in the scope of protection

Typically, an individual consumer or small business will ask us about a UK patent application, that is, an application for a patent protecting an invention against exploitation by others in the UK. We have therefore given an illustration of the process, timetable, and costs for this below.

UKIPO means the UK Intellectual Property Office, the government body that deals with patents and other intellectual property. Other countries have their own similar organisations (collectively, Patent Offices).

Examiner means the official at the UKIPO who reviews your application and responds with any objections that you will have to overcome before it is acceptable; and Examination means the process conducted by the Examiner.

Stages in a UK patent application

We will handle the full process for you:

    • Advising you on whether your invention is likely to be accepted by the UKIPO, including where appropriate a pre-filing search
    • Drafting a patent application, covering your invention
    • Preparing any necessary technical drawings
    • Filing the patent application at the UKIPO
    • Requesting preliminary examination and search at the UKIPO
    • Advising you further when the UKIPO issue their initial report, which gives an indication of your chances of success
    • Requesting Examination of the application by the UKIPO
    • Corresponding with the UKIPO about the substance of your application including answering technical and legal objections; typically two or more rounds of correspondence are required to achieve grant of your patent application
    • Reporting publication of your application and grant of your patent, forwarding the Certificate of Grant, and remaining the Address for Service noted on the official register (which means we will receive and forward to you any official communications from the UKIPO about your patent).

How long will my patent application take?

We can normally complete the drafting of your initial UK patent application within about four weeks after receiving your instructions. However, the complete process of obtaining grant of a UK patent application will take from three to four years and the timetable will depend on a number of factors. These include the complexity of your invention, the number of objections raised by the UKIPO Examiner, and any interventions made by your competitors.

Please contact us for information about costs and timelines

Each case is different, and we cannot give you an accurate cost estimate or an indication of the likely timetable until we know more about your invention. We offer a no-obligation, free initial consultation with one of our attorneys, of half an hour or so, which will enable us to give you more information about your specific case, and then to provide you with a written cost estimate, and timetable, for the necessary work.

Confidentiality

It is important that you keep details of your invention confidential, as you will not be able to obtain a patent if the invention has been disclosed. In our dealings with you, our professional code of conduct (see below) includes the necessary obligation of confidentiality. Our initial consultation will be confidential, whether or not you decide to work with us.

How is the patent profession regulated and what professional indemnity insurance is in place?

Our firm is regulated by IPReg, and is subject to its Rules of Conduct. IPReg sets standards of training before a person can be admitted to the register and also requires Continuing Professional Development to ensure an attorney’s professional skills are kept up to date.

In the unlikely event that you have a complaint about our service you can use our own complaints procedure. You may also be able to bring your complaint to the Legal Ombudsman.

We have insurance that extends to acts and omissions wherever they occur in the world. Our limit of liability is appropriate for a firm of our scope and standing. Further details are available on request. Our insurer is Pamia Limited, whose address is 90 Fenchurch Street, London, EC3M 4ST.

IPReg has also put in place an insurance policy that may provide additional protection in the event of dishonesty or fraudulent use of client money.