The UK patent process is longer and more staged than most people expect, typically running three to four years from a patentability search, through drafting and examination, to grant. Each stage has its own purpose, deadlines and costs, and understanding them makes the process far less daunting. This guide walks through it stage by stage, drawing on the expertise of a Chartered Patent Attorney, so you can protect the right thing at the right time.
Securing a patent is rarely quick, and the process can seem complex and laborious to anyone going through it for the first time. It runs through a series of deadline-driven stages, from an initial search to confirm your idea is worth protecting, through drafting and filing, to examination and eventually grant. Understanding how those stages fit together, and what each one costs, takes much of the uncertainty out of it.
Because this is legal territory, the substance of this guide has been shaped with our trusted intellectual property partner. We work with a small number of proven IP specialists, and Vicki Strachan of Strachan IP has contributed much of the detail below, so that the process is explained by someone who navigates it daily. Our own role at D2M sits alongside hers: we handle the design and development, and work closely with the attorney so that the protection and the product are developed together.
Start with a patent search
Before committing to the cost of a patent application, it is worth finding out whether your invention is likely to be patentable at all. That is the job of a patentability search.
A patentability search examines published patent documents, and optionally non-patent literature, to determine what, if anything, might be genuinely new about your product. From there, you can judge whether those novel features are central enough to your product's unique selling point to be worth protecting.
It is important to understand why a quick internet search is not enough. Novelty and inventive step are assessed against anything made available to the public, anywhere in the world, at any time. A product with the same principle as yours may have been sold and withdrawn years ago, and there are millions of published patent applications for products that never reached the market. None of that shows up in a casual search, but all of it counts against your novelty.
As Strachan IP runs it, the search is a three-step process. It begins with a free, confidential initial consultation to understand the product, where it is in development, what its likely USPs are, and the intended route to market. If a search is worthwhile, a search statement is drafted, defining precisely what the professional searchers should look for, usually with an image and a brief explanation of the key elements. The searchers then carry out the work, typically returning results in a week or two, which are analysed and reported back with an opinion on patentability and what to expect if you proceed.
A search earns its cost in several ways. It establishes whether your product is patentable in the first place. It can save your designer from reinventing a solution that already exists, which protects your budget. It helps you avoid knowingly infringing a live patent, while flagging expired patents whose content you are free to use. It guides which of several possible solutions to pursue. And it gives you a clearer picture of your main competitors and where they are focusing.
Is your invention patentable?
A patent can be obtained for a product, process, system, or even a kit of parts. The requirements are that it must have at least one novel technical feature, and that feature must involve an inventive step, meaning more than an obvious workshop modification of what already exists.
The novelty test is close to a matter of fact: either there is something technically new, or there is not. Inventive step is more subjective and harder to judge, which is why it is unwise to dismiss a feature as obvious without speaking to a Chartered Patent Attorney. As Vicki puts it, drawing on the case law, even a scintilla of inventiveness can be enough, and part of the invention can lie in identifying the problem itself, even where the solution then looks straightforward. If your product has a novel technical feature that matters to its USP, it is worth exploring whether a patent is the right way to protect it.
The same applies to software. Computer-implemented inventions can be patentable, provided the novel feature offers a genuine technical advance, so software-based innovation should not be written off as unpatentable without proper advice.
Drafting the patent specification
Every patent starts with a specification: a complete record of the invention as it stands at the time of drafting. It is a precise legal document, and the quality of the drafting directly affects how strong and defensible the resulting patent is. A specification usually contains five parts:
- An introduction, setting the scene and describing the problem the invention addresses.
- Statements of invention, the legal phrasing that defines the scope of protection being sought.
- A specific description, a detailed account of at least one version of the invention, clear and complete enough for it to be reproduced without undue experiment. Notably, this does not require a step-by-step roadmap, which matters for software inventions, where the underlying code need not be disclosed. Drawings are included and referenced here.
- Claims, which define the scope of protection, usually matching the statements of invention in substance.
- An abstract, a brief overview of the invention.
Once drafted, the specification is filed with the UK Intellectual Property Office (UKIPO), usually alongside a search request.
The UK patent timeline, stage by stage
The UK process, like most others, typically takes three to four years and runs through a set of deadline-driven stages:
- Filing: the specification is filed with the UKIPO, usually with a search request and fee.
- 3 to 6 months after filing: a search report is issued, listing documents the examiner considers relevant to patentability.
- By 12 months after filing: any corresponding overseas applications must be filed. This is also the point to complete outstanding formalities, such as the abstract, formal drawings or a statement of inventorship. This twelve-month window is also your only chance to top up the application with further technical detail from development, which is why timing the initial filing matters.
- Around 18 months after filing: the application is published.
- 6 months after publication: a request for examination must be filed. Some applicants opt for combined search and examination at the outset instead, which an attorney can advise on.
- Over the following couple of years: the UKIPO issues examination reports detailing any objections, with deadlines to respond, usually through amended claims and argument. There may be several rounds.
- Acceptance and grant: the patent is granted.
- Renewal: annual renewal fees are payable to keep the patent in force for its full twenty years from filing.
Patent or registered design?
A patent is not the only form of registered protection, and it is not always the right one. For most products, setting aside brand names and logos, there are two main registered rights worth weighing.
A patent protects a novel technical concept, and can stop competitors using the same technical innovation for up to twenty years. A registered design protects the outward appearance of a product rather than any underlying technical concept, and is the better route where the distinctive quality lies in how something looks, or where no patentable technical concept can be identified. Sometimes both are appropriate.
Because patents protect the underlying concept regardless of appearance, they are viewed as the stronger protection, and a granted patent (or even part of one) can unlock the Government's Patent Box tax relief, which can represent significant savings. But patents are more costly and far slower to secure. Registered designs can be granted within weeks, at much lower cost, giving quick and enforceable protection that is especially valuable in the early months of commercialisation. This speed difference matters for enforcement: you cannot take infringement to court until a right is granted, which can take three or more years for a patent, whereas a registered design gives you robust legal recourse against direct copies far sooner.
Enforcing your protection
Enforcement need not mean the courts. If you hold a registered design in the UK or EU, a customs registration lets Border Force help stop infringing copies made overseas from entering your market at all. If a copy is listed on a third-party platform such as Amazon, you can report it as an infringement of your patent or registered design, and the listing is usually suspended until the dispute is resolved. These routes protect market share without the cost and delay of litigation.
Keeping costs down, and what to expect
A patentability search is the most cost-effective place to start. As a guide, a search through Strachan IP costs around £1,000 excluding VAT, covering the search statement, the professional searchers' fee, and the analysis and opinion. Searches more broadly can range from £1,000 to £20,000 depending on the technology and the depth required. Most clients begin with a search around £1,000 to understand the landscape, and only commission more thorough searches if backed by investors with a low appetite for risk.
Drafting is the larger cost. Professional fees for drafting a specification typically run from £3,000 to £5,000 for a straightforward invention, rising to £7,000 or more for complex fields such as biotech or telecommunications. UKIPO fees themselves are comparatively low: around £60 to file, roughly £150 for the search and about £100 for examination, with a grant fee if successful. All in, a UK patent application generally costs somewhere between £4,000 and £8,000 for drafting and filing, before renewal fees, any disputes, or international protection.
To keep costs manageable: file once the product is developed and tested, to avoid repeat applications; give your attorney a clear, concise brief; and start with a search before committing to drafting. For a fuller breakdown, see our guide to what a UK patent costs.
Please note that official UKIPO fees change from time to time. The figures here are a guide at the time of writing; for current official fees, check gov.uk/government/organisations/intellectual-property-office.
How D2M can help
Patenting works best when the protection and the product are developed together, and that is how we work. Our senior designers handle the design and development, while our trusted IP partners, including Vicki Strachan of Strachan IP, provide the legal expertise, so that your patent strategy is grounded in both a strong product and sound legal advice. We help you decide whether to search, when to file, and whether a patent, a registered design, or a combination best fits your business, market and budget. The result is protection that supports your commercial goals rather than constraining your design.
"Vicki Strachan is the most outstanding, transparent Patent Attorney, and she has guided me in the complex world of IP and supported SnapWatch with our intellectual property for over 10 years." — Vincent Douglas, Founder and CEO, SnapWatch Ltd
"I am very pleased to recommend Vicki Strachan and her company Strachan IP. They recently completed a patent application for us. Throughout the process Vicki was approachable, quick to respond and professional in every aspect. The work was completed ahead of time, which has really helped us move forward with our project." — Gary Edwards, MD, Cygnet Fabrications Ltd
In short
The UK patent process runs from a patentability search, through drafting and filing, to examination and grant, usually over three to four years. A search establishes whether protection is worth pursuing; a well-drafted specification determines how strong the patent is; and the choice between a patent and a registered design depends on whether the value lies in how your product works or how it looks. Understood stage by stage, and approached with the right expertise, it is far less daunting than it first appears.
Related guides: How to Patent an Idea in the UK · What a UK Patent Costs · Why Patents Matter for Business · How to Be the 3%: Making Your Patent Pay
