If you’ve developed a new product, process, or technical solution, you may be wondering if it can be patented in the UK. You may also ask if your idea qualifies for a patent. Understanding the criteria for patentable inventions is the first step in securing legal protection and gaining a competitive edge.
Understanding Patentability in the UK
Knowing what can be patented in the UK is a crucial first step for inventors and businesses looking to protect their innovations. A patent grants exclusive rights to an invention, preventing others from making, using, selling, or importing it without consent. To obtain legal protection, your invention must meet specific criteria as set out by the UK Intellectual Property Office (UKIPO).
This guide outlines the essential requirements for securing these rights and will help you assess whether your creation qualifies under UK law, therefore able be patented.
Key Requirements
There are three main requirements for something to qualify: ‘novelty’, ‘inventiveness’, and that it is not excluded subject matter.
1. Novelty
Novelty means that the invention must be new, in the sense that the exact thing has not been non-confidentially disclosed before. Any public disclosure – including talks, publications, websites, or demonstrations – before filing could invalidate any patent. You should therefore keep your invention confidential until after you have submitted your application.
Novelty is an objective test, meaning that something is either new or it is not. Care should be taken in assessing this, as whether or not something has been non-confidentially disclosed is not always straightforward.
Some countries offer a ‘grace period’ from the first disclosure of an invention, allowing time for the inventor to still apply even if they make a non-confidential disclosure of a possible invention. For example, the US has a 12-month window in which to file an applications and still secure valid patent protection. However, most territories such as the UK and Europe do not operate a grace period regime, so beware!
2. Inventive Step
‘Inventive step’ means that the claimed invention should not be obvious to someone with knowledge and experience in the relevant field. This assessment is to some degree subjective, so if something is new, and reasonably convincing arguments can be made that it is inventive, it is possible that a patent might be granted.
3. Excluded Subject Matter
The invention must also not fall under exclusions defined by UK law. These exceptions often cause confusion and we therefore recommend that professional advice is sought to understand the scope of these exclusions.
UK legislation rules out certain categories of invention. These include:
- Scientific discoveries and theories
- Aesthetic creations, such as artistic or literary works
- Schemes, rules, or methods for performing mental acts, playing games, or doing business
- Presentations of information
For example, in the UK cannot obtain a patent for a new card game using only a standard deck of playing cards as it would be excluded as a method of playing a game.
However, although ‘aesthetic creations’ per se are excluded from patentability a patent was granted for a particular colour of squash ball on the basis that use of that colour solved a technical problem.
If you think your idea might fall into an excluded category, don’t assume it’s ineligible—speak to a professional.
At London IP, we offer a free consultation where we can assess whether your idea is likely to be excluded or could qualify for protection.
Why the Filing Date Matters
When you file your first patent application, the filing date becomes the patent office uses to assess novelty and inventive step of your claimed invention.
In the UK, no grace period exists for public disclosure before filing. Any information made public prior to submission could block your ability to gain protection. We recommend that you keep your invention confidential until you file your application.
The Role of a Patent Attorney
Navigating the application process can be complex. A qualified attorney helps you protect your idea properly and avoid common pitfalls. They can assist with:
- Assessing whether possible invention might be granted a patent
- Conducting prior art searches
- Drafting a patent application to a professional standard
- Advising on strategy and global protection
- Communicating with the UKIPO and international offices
Having expert support from the outset increases your chances of securing robust, enforceable rights.
How to File a Patent Application
The process of obtaining protection for your invention in the UK typically involves the following steps:
Preparation
Gather documentation and fully describe your creation, including how it works and its advantages.
Search
A professional search can help determine whether similar inventions already exist.
Drafting
Prepare your application with care. This includes a detailed description, clear claims (defining the scope of protection), and any relevant diagrams.
Filing
Submit your application to the UK Intellectual Property Office.
Examination
The UKIPO examines your submission for legal and technical compliance.
Publication
The Intellectual Property Office publishes your application 18 months after the filing date.
Grant
If the examiner approves it, they will grant rights that protect your invention for up to 20 years from the filing date (subject to renewal fees).
In Conclusion: What Can Be Patented
To secure your intellectual property, you must understand what can be patented in the UK. Whether you’re an inventor or a business, you need to make sure your invention meets the main requirements and doesn’t fall under excluded categories.
Working with a patent attorney gives you the best chance of navigating the system successfully. At London IP, we help people and businesses protect their ideas in the UK and internationally.
If you’re unsure whether your invention qualifies, get in touch with London IP today for expert advice.
