When Should You Get a Patent

When Should You File a Patent in the UK?

Timing your patent application is critical. File too early, and you risk submitting a weak or incomplete patent that doesn’t protect your invention fully. File too late, and you could lose the rights entirely. So, how long to get a patent and when should you file?

Here’s what to consider before filing a UK patent:

1. Your Invention Must Be Fully Developed

Before you file, make sure your product is clearly defined and technically feasible. That usually means having at least a working prototype or detailed technical concept. A vague idea won’t meet the standards of the UK Intellectual Property Office (IPO).

2. You Must File Before Public Disclosure

If you show or sell your product publicly before applying, you may lose the right to patent it. While the UK offers a limited six-month grace period in some cases, it’s safest to file your patent before any public exposure.

3. You Should Search for Prior Art

Conducting a search for prior art (existing patents or public disclosures) helps ensure your invention is truly novel. We can support this step by reviewing alternative solutions and helping you position your innovation clearly.

4. Have a Commercialisation Plan

If your product has clear commercial potential, a patent adds value and strengthens your route to market. Investors and partners are far more interested in protected inventions than unprotected ideas.

5. Budget for the Process

Filing and defending a patent involves costs. If you need help with patent applications, we can connect you with a Chartered Patent Attorney and ensure your product is well-prepared before you invest in filing.

Filing at the right time gives you the best chance of securing strong, lasting protection. It’s about striking the balance between readiness and confidentiality.

For a quick overview of the application process, see this article: UK Patents: A Beginner’s Guide

To see how a patent can make you money, do check out this article: Why Most Patents Fail and How to Make Your Patent Profitable

How Long Does a UK Patent Last?

A UK patent lasts for up to 20 years from the date you file your application, but that full patent duration depends on you keeping it active. To maintain your rights, you must pay renewal fees every year starting from the 5th year after filing.

Here’s how the timeline works:

• Filing date – this is when the 20-year clock starts ticking

• Year 1–4 – no renewal fees required

• From year 5 onwards – annual renewal fees are due, increasing each year

If you miss a renewal payment, your patent will lapse and you’ll lose your exclusive rights.

For most inventors and startups, the key takeaway is this: a UK patent can give you two decades of market protection, but you need to plan for maintenance. If your product is still generating revenue in year 10 or 15, your patent could still be a valuable commercial asset.

We can advise you on how long your patent is likely to stay relevant, based on your product’s life cycle and market trends.

How Long Does It Take to Get a Patent?

A typical UK patent application takes around 2 to 4 years to be granted, although you can get early feedback within the first 6 to 12 months. So if you’re wondering how long to get a patent, the short answer is: it depends on the complexity of your invention and how quickly you respond to examiner feedback.

Here’s a rough timeline:

• Week 0 – You file your patent application with an initial description and drawings

• Month 0–12 – You’ll receive a search report identifying similar patents (prior art)

• Month 12 – You must request a substantive examination to move forward

• Year 1–3 – The examiner may raise objections or request changes. You’ll need to respond promptly to stay on track

• Year 2–4 – Your patent is either granted or refused

You don’t need to wait for the patent to be granted before starting commercial conversations. Once filed, you can safely begin marketing or pitching your idea as “patent pending” – which can still offer a layer of legal protection and credibility.

Need help managing the timeline or responding to examiner feedback? We partners offer hands-on help with patent applications to guide you through each stage.

Should I Patent My Product?

Many innovators ask this early on – should I patent my product or not? The answer depends on your goals, your product’s uniqueness, and your route to market.

You should seriously consider a patent if:

• Your invention is technically novel and solves a real problem in a unique way

• You plan to commercialise it through licensing, investment or mass production

• You want to protect your invention from being copied by competitors

• You are targeting long-term market advantage or future asset value

You may not need a patent if:

• Your product is more aesthetic than technical – in which case registered design protection might be better

• You plan to get to market quickly and stay ahead through brand and speed, not exclusivity

• You’re not yet sure if the product is commercially viable

Patents aren’t the only way to protect an idea, and they’re not right for every project. But for genuinely innovative, scalable products, they can be a game-changer.

If you’re unsure whether to proceed, we offer expert help with patents and innovation strategy. We’ll help you weigh the risks, costs, and benefits to make a commercially sound decision.

How to Protect Your Invention

If you’ve developed something original, protecting it before you go public is essential. So, how do you protect your invention in a way that’s commercially effective?

Here are the main options to consider:

1. File a Patent Application

A patent gives you exclusive rights to your invention, preventing others from making or selling it without permission. It’s one of the most powerful ways to protect functional or technical innovation. If your product is new, inventive and useful, a patent may be your best option.

2. Use Non-Disclosure Agreements (NDAs)

Before sharing your idea with investors, manufacturers or partners, have them sign an NDA. This legally binds them to confidentiality and can buy you time while you prepare a formal patent application.

3. Register Your Design

If your innovation is based more on appearance than function (for example, the shape or surface of a product), a registered design might be more suitable than a patent. This protects how your product looks, not how it works.

4. Document Everything

Keep dated records of your design sketches, prototypes, emails and development steps. These can help prove your idea was yours if any dispute arises later.

5. Get Professional Help Early

Even the best ideas can fail to get protection if the application is poorly drafted or filed too late. That’s why it’s worth seeking help with patents early on. We work with trusted Chartered Patent Attorneys to support your application and protect your innovation properly.

Knowing how to protect your invention gives you peace of mind and sets a solid foundation for future commercial success.

Who Can Help With Patent Applications?

Filing a strong patent application takes more than just filling out a form. It requires technical precision, strategic thinking, and an understanding of how to maximise long-term protection. If you’re looking for help with patent applications, the right support can make all the difference.

At D2M, we work with Chartered Patent Attorneys who specialise in turning innovative ideas into robust legal protection. We’ve partnered with trusted professionals who explain things in plain English, give honest advice, and genuinely care about helping you succeed.

Our Recommended Patent Attorneys:

• Vicki Strachan – Strachan IP
  Vicki is a Chartered Patent Attorney known for her clarity, commercial focus, and deep expertise. She offers straightforward guidance and a sharp understanding of what makes a patent valuable.

• Vikki – Pure Ideas
  Vikki and the Pure Ideas team are brilliant at working with startups and first-time inventors. They take time to understand your goals and tailor advice to suit your product and budget.

We can help prepare your innovation for the patent process by reviewing alternative solutions, refining your technical documentation, and supporting the development of a working prototype. Once ready, we’ll connect you with the right attorney and stay involved to ensure your invention is clearly and strongly represented.

Whether you need full help with patent protection, or just want to understand your options, we can guide you from idea to application with confidence.