UK Patent & Design Applications

A UK Patent is granted by the UK Intellectual Property Office for an invention. A patent owner has the exclusive right to use the invention and can take action against those using the invention in the UK without permission of the patent owner. Anyone using the patent invention in UK without consent of the patentee will generally be infringing the patent.

What can be patented?

A UK patent protects the way that a product , machine or process works. It does not protect the way an article looks (see UK Registered Design for protecting the way an article looks).

The invention must be

• capable of being made or used in industry
• new, and
• involve an inventive step

In order for an invention to potentially involve an inventive step it must differ sufficiently from what is already known.

A UK registered design can be used to protect the way your article/product looks. It is a right to prevent others from using the registered design. This is an absolute right in that it applies even if the design has been independently created by others rather than copied. This is in contrast to UK unregistered design which can subsist automatically without registration but which is limited to preventing use of designs that have been copied.

What can be protected?

Appearance of whole or part of a product (inside and out). This may result from lines, contours, colours, shape, texture, material and/or ornamentation of your product. Computer icons, typefaces and other graphical symbols are also protectable.

The design must be

• novel (differ from prior designs by more than immaterial details); and
• poses individual character (produce different overall impression on informed user (eg. and user)
  

Protection limitations

• component parts/spare parts of complex products only registrable if remain visible during normal use of the complex product
• use of component part to repair complex product to restore to original appearance cannot be stopped
• cannot protect features which are soley dictated by the product’s technical function or required to permit product to connect to or with another product so either product can perform its function
• cannot register designs which incorporate protected emblems or third parties trademarks of copyright material

A UK patent covers Northern Ireland and the countries of Great Britain (England, Wales and Scotland) and extends to the Isle of Man. It is also possible to extend a UK patent to other jurisdictions such as Jersey, Bermuda, Gibraltar, etc. Please contact us to learn more about the required formalities. Note that a UK Patent or Registered Design does not cover the European Union (EU).

Upto 25 years. Must be renewed at five year intervals.

1. Enforcement value aside, there is significant defensive value in the patents since they can stop a competitor patenting your technology later.
2. Patents may help deter competitors from enforcing their patents against you.
3. “Patent pending” and patented technology may deter some competitor startups from pursuing the technology themselves.
4. Patents may help startups raise capital.
5. As an intangible asset on the balance sheet, they can increase company valuations.