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

If you are considering an application to the UK Intellectual Property Office for a patent in England, you may wonder what the patent costs are likely to be throughout the process and also 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 that:

• 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 been registered already, as you need to know before filing any application whether your application is worthwhile.

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 rather than official fees 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 further fees in addition to the application in England. Patent applications can, therefore, be very expensive due to the amount of protection often applicants may require in multiple jurisdictions.

It is also essential to factor in legal fees to pay for a solicitor specialising in intellectual property law. 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 potentially 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, therefore, take renewals seriously and timeframes met with a high degree of accuracy.

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Financial Costs of Renewing Your Patent

It is important to factor in renewal costs to your patent application, as, without renewal, your invention will lose its legal protection and can then be copied by any competitor.

Each year you will be subject to a renewal fee 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 through the Intellectual Property Office online. However, post and telephone options are available if you prefer this method.

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 cost of the application and renewal fees are worth the financial profit you will likely make once the invention is patented and sold to the public.

Patent protection is robust and equips you with intricate legal protection for your invention against competitors. Therefore, if you believe that your invention will disrupt the market and generate considerable revenue, it may be worth the financial costs associated with the application. If your invention is not likely to generate a high income for your business, it may be more desirable to 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 submitting an application.

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. Finally, there are annual renewal fees every year for up to 20 years which you must account for. You should carefully consider embarking on an application. 

Frequently Asked Questions.