Can You Patent an Idea in the UK?

As a UK-based creator, you might be wondering how you can patent a new idea to protect it best. Unfortunately, a patent is not something that can legally protect an idea. However, there are ways to turn your new ideas into something that you can legally protect. This article will explain what patents are for and how you can protect your ideas and develop them into marketable products.

The Basics of Intellectual Property

As a general rule, patents or any other form of intellectual property do not protect ideas. However, if you develop a new idea, you may be able to safeguard it with some other form of legal protection or intellectual property.

Intellectual property protects the creations of the mind. Although an idea aligns with this definition, intellectual property cannot protect it until you convert your idea into something tangible. Today’s products and inventions that we are familiar with started as an idea. These inventions include: 

• smartphones;
• 3D printing;
• books; 
• films; 
• video games; 
• artworks;
• famous logos; and 
• brands.  

However, it is essential to note that any form of intellectual property can only protect your creation once it progresses from an idea into something more meaningful. 

What Do Patents Protect?

Patents are a form of intellectual property that protects inventions. To be eligible for patent protection in the UK, your invention must be:

• new;
• inventive or involve an inventive step (i.e. it is not an obvious modification of something that already exists); and
• an item that can be made or used in any industry.

Once you develop your idea into an invention, you can apply for UK patent protection. To assist you in the patent application process, you may need to: 

• make lots of notes that describe your invention in detail; 
• draw diagrams or illustrations that showcase your products design and how it works; and 
• potentially build prototypes for your product. 

How to Safeguard Your Idea

To safeguard your idea, you may consider developing your idea so that you can receive protection legally or through intellectual property. For example, once you write out your concept or draw a diagram, the copyright will automatically protect your idea. Additionally, if you know what you want to name your end product, you might consider applying for a registered trademark. 

If you find yourself consulting with other experts, manufacturers, or investors when creating your product, you may consider asking them to sign a non-disclosure agreement. Likewise, if you are a business with employees, you should consider including confidentiality and non-competition clauses in your employment contracts. Doing so will allow you to take legal action if an employee tries to use your idea themselves.

If you wish to apply for a patent in the future, you must use these methods to protect the development of your idea and maintain secrecy. If your idea for a product becomes public knowledge, your invention may no longer be considered ‘new’. As a result, you may not be successful with your patent application.

Applying for a Patent

To apply for a patent in the UK, you must apply through the UK Intellectual Property Office (IPO). If you want to apply for a patent for an invention, it is good to seek advice from a patent attorney or intellectual property lawyer. A professional advisor will be able to explain the likelihood of your invention receiving patent protection. They can also help you submit a detailed application to increase your chances of a successful patent grant. A professional can also help you craft your patent application in a way that gives you the most valuable patent. In some cases, this can mean that you will financially profit from your patent. However, you should be aware that patent applications usually take five years to complete from start to finish, with an average cost of around £4,000 in total.

Key Takeaways 

A patent cannot protect an idea itself. However, if you develop your idea into an invention, you may be able to obtain patent protection for it. Although, it is essential to maintain secrecy and utilise other forms of legal protection during the development phase. For example, this may include registering for a trademark to protect your intended: 

• brand; 
• logo; or 
• product name. 

A non-disclosure agreement can also ensure that anyone you consult with is under a legal obligation to keep your invention secret.

Frequently Asked Questions