How to Apply for a Patent

Last Updated
July 20, 2010

How to Apply for a Patent

If you believe that you have made an invention, it is very important that you keep it confidential. In other words, do not feely talk about, advertise or demonstrate your invention: if you do, this will be seen as publication of your invention and will affect your patent application.

In addition, if after being granted a patent it was discovered that you did not keep your invention confidential prior to applying, your patent can be withdrawn.

‘When’ to apply for a patent is a common issue. Some inventors apply during the research stages of their invention whilst the idea is still new. This will make sure that they are the first to patent the invention should any other unknown parties be producing the same invention.

However, by applying during the early stages, you could make significant changes to the invention which will require re-application (and costs).

To apply for a patent, you must send a legal document to the Intellectual Property Office (Formerly the Patent Office) called a ‘specification’. The specification will detail your invention (including claims of its ability) and include drawings and diagrams to illustrate how it works. It is advised that you use a professional registered patent agent to aid you when completing a specification. Once you have completed and filed your specification, it cannot be amended. You are also required to complete a “Request for Grant of a Patent” form (Patents form 1/77) which will be sent to the Intellectual Property Office with the specification.
All forms can be downloaded and printed direct from the Intellectual Property Office web site You can now apply online for patents, using the IPO . The Costs There is no charge to file Patent form 1/77 (accompanied by a specification). A request to make an amendment to form 1/77 (after filing) before officially granted a patent will cost £40. A preliminary search to find out if your invention is legible and does not exist will cost £100. The cost to renew your patent (after 4 years) has varying costs for each renewal year: To renew for the fifth year is £50…to renew for the twentieth year is £400. Costs for other forms and actions can be found on the Intellectual Property Office’s form page (link above).

Getting Funds to Finance Your Invention

The Intellectual Property Office, although will assist you with advice and information, will not finance your invention which is your responsibility. If you do not have sufficient finance, there are institutions that are keen to finance new inventions.
Read more at the Intellectual Property Office on-line

More Information

This article has covered the basic elements of patents. However this area is very detailed and carries a large amount of legislation. It is therefore important to read further and consult expert advice before you act on any information. Read more at the Intellectual Property Office on-line

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