What are the Costs Involved in Obtaining a Patent in the UK?

If you are considering applying to the UK Intellectual Property Office for a patent in the UK, you may wonder what the patent costs will be throughout the process and beyond. This article will explain how the patent process works, the costs attached to the application, and the renewal fees.

Requirements for a Patent Application

You must meet three requirements to be successful with a patent application. The criteria your invention must meet are the following:

• the invention must be new;
• it must involve an inventive step and, therefore, not be a slight modification of something that already exists; and
• it must have application within any industry.

It is also worthwhile checking the patent registers to see whether your patent has already been registered. You need to know whether your application is worthwhile before filing it.

Initial Application Costs

Depending on the industry the patent is being applied to, an application fee can vary between £4000 – £7500. This is, however, an estimate due to the unique complexities of individual applications. There is also a time cost, as it usually takes up to five years for any patent to be granted.

If you wish to apply for an international patent, you will incur additional fees in addition to those for the application in the UK. Patent applications can, therefore, be costly due to the amount of protection applicants may require in multiple jurisdictions.

It is also essential to factor in legal fees for a patent attorney. Pursuing a patent application without correct legal advice is inadvisable as it is a complex application process that is costly in time and money. You will want to ensure the best chance of success to secure a granted patent.

Process of Renewing Your Patent

You must submit your patent renewal within six months of expiry. Otherwise, you could be financially penalised for missing your filing date. You could also lose your patent if the Intellectual Property Office does not believe you had a good reason for failing to renew. If this happens, you can request a hearing and argue why you should restore your application. 

You should take renewals seriously and ensure that timeframes are met. 

Financial Costs of Renewing Your Patent

When filing a patent application, it is essential to factor in patent renewal costs. Without renewal, your invention will lose its legal protection and can be copied by any competitor.

A renewal fee will be assessed each year from the fourth anniversary of your filing date, and the cost will be valid for a maximum of 20 years.

You can view the official fees for patent renewal fees and increases for each year in the table below:

You can renew your patent quickly and efficiently online through the Intellectual Property Office. However, post and telephone options are available if you prefer this method.

Additional Costs to Consider

Alongside official fees and renewal fees, there are additional costs that you should be aware of. Before filing, consider engaging your patent attorney to conduct searches to ascertain what has been patented already. This will increase the likelihood of your application being successful. 

If you are filing international patent applications, you may be required to additionally pay for your application to be translated by a translator with expertise in the legal language in that country and within the technical field of your invention.

Finally, you should be aware that owning the patent for your invention may deter, but in reality, not prevent, others from infringing on your patented invention. Unfortunately, enforcing your patent and monitoring the market for potential infringement come at a cost.

Is it Worth the Financial Cost?

As a business, you must consider whether or not your invention is commercially viable and whether it is likely to generate a lot of interest. Ultimately, you must decide whether the application and renewal fees cost are worth the financial profit you will likely make once the invention is patented and sold to the public.

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Patent protection is robust and provides intricate legal protection for your invention against competitors. Therefore, if your invention disrupts the market and generates considerable revenue, the financial costs associated with the application may be worth it. 

If your invention is not likely to generate a high income for your business, you might keep it a secret or wait until you can amend it in some way to be more lucrative. Once your invention is made public in any way, it can no longer be patented, so you must consider the timing for applying.

Key Takeaways

Patents are a notoriously expensive type of intellectual property and are generally for relatively high-value inventions. Costs of applications vary but are usually around £4000 on average. You must also factor in legal costs for a solicitor if you are going to instruct an intellectual property law expert. Additional costs such as search fees, professional drawings, and potential translation fees should likewise be factored into your budget.

Finally, there are annual renewal fees every year for up to 20 years, which you must account for.  

LegalVision cannot provide legal assistance with patents. We recommend you contact your local law society.  If you need help with other types of intellectual property assistance, our intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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