Applying for a UK patent
To get a UK patent, you have to file a patent application at the UK Intellectual Property Office (UKIPO, formerly the Patent Office) in Newport. This crucial document includes a description of your invention, usually with illustrations as well, and a set of patent "claims" which define in legal terms the scope of protection you want.
The application has to go through certain official procedures before a patent can be granted. UKIPO will conduct a search to see if your invention is new, looking for prior published documents on the same or similar ideas. They will then examine the application, in light of their search results, and decide whether or not you can be granted a patent. They may raise objections at this stage, which you can counter either with arguments or by amending your application.
Ultimately, we hope, you will be granted a patent. From that point on – but not before – you will be able to take legal action against infringers. You should also then mark your product and product literature with wording such as "UK patent no. xxxxxxx", to warn others of your legal rights. (Prior to grant, you should use wording such as "UK patent applied for" or "UK patent pending", and again quote your patent application number.)
A patent lasts for 20 years from the date you applied for it. To keep it in force, annual renewal fees need to be paid to UKIPO.
Although you can do all of these things yourself, dealing directly with UKIPO, it's wise to have a qualified patent attorney acting for you. The attorney can prepare your patent application papers, in particular the all-important claims, and can liaise with UKIPO and advise on how best to deal with the objections they raise. He or she will ensure that all the official procedures are complied with at the right times – many of the procedures carry deadlines which if missed can result in loss of your patent rights.
