How To Submit a Patent in the UK

If your business has developed a new product, process or piece of tech, a UK patent can be a powerful way to protect your competitive edge and unlock investment.

The process can feel daunting from the outside - there are forms, deadlines and a lot of jargon. Don’t stress. With the right preparation and a clear plan, you can submit a strong application and set your business up for growth.

In this guide, we break down how to submit a patent in the UK, which route to use (UKIPO vs EPO vs PCT), what to prepare before you file, and how to avoid common pitfalls that trip up small businesses.

What Does A UK Patent Protect (And When Is It Worth It)?

A UK patent gives you the exclusive right to stop others making, using, selling or importing your invention in the UK for up to 20 years (subject to paying renewal fees). In exchange, you publicly disclose how it works. In practical terms, a patent can help you:

• Secure a defensible market position against competitors.
• Increase your valuation and make fundraising conversations easier.
• Create licensing revenue or build strategic partnerships.
• Signal credibility to customers and investors (“patent pending” can help).

To be patentable in the UK (under the Patents Act 1977), your invention must be:

• New (novel): Not publicly disclosed anywhere in the world before your filing or priority date.
• Inventive: Not an obvious step for a skilled person in your field.
• Capable of industrial application: It must work and be usable in some kind of industry.
• Not excluded subject matter: Pure discoveries, mathematical methods, artistic works, and “as such” business methods or computer programs are excluded. Many tech innovations are still patentable when claimed as a technical solution to a technical problem.

Key point: novelty is absolute. There’s no UK “grace period” for your own disclosures. Avoid publishing details on your website, pitch decks, at trade shows or on social media before filing. If you must talk to someone, use a Non-Disclosure Agreement.

Step-By-Step: How To Submit A Patent Application In The UK

The UK patent authority is the UK Intellectual Property Office (UKIPO). Here’s a practical, small-business-friendly process you can follow.

1) Do A Targeted Prior Art Check

Start with focused searches to test patentability and scope. Use free databases (Espacenet, Google Patents) and your market knowledge. You’re not trying to do a full professional search (the UKIPO will do one) - you’re sanity-checking if your invention looks novel and where the “white space” might be.

If you’re working on software-based products, it’s also worth reading through common issues raised in patenting your app so you understand how to frame technical features.

2) Get Expert Drafting Support

The most important part of your application is the specification (description, drawings and claims). Strong claims define your legal monopoly. Weak or narrow claims can be easy for competitors to design around. It’s wise to work with an experienced patent professional - a drafting mistake today can’t be fixed later without losing your original date.

At this stage, align your wider IP plan too: do you also need to register a trade mark for your brand and product names, or pursue a Registered Design Application for the look and feel?

3) File Your UK Application (Formally “Make” The Application)

You can submit online via the UKIPO. A standard filing includes:

• A request for grant (Form 1).
• Your specification: description, claims, abstract and any drawings.
• Applicant details and, if different, inventor details.
• The filing fee (and any fee reductions if applicable).

If your specification isn’t ready, there’s an option to “file and complete” later - but it’s risky unless you know exactly what you’re doing. Most SMEs should aim to file a complete application on day one.

4) Request A Search (Form 9A)

You must request a UKIPO search (and pay the search fee), usually within 12 months from the filing/priority date. This triggers the official search report, which identifies relevant prior art the examiner will rely on.

5) Publication At 18 Months

Your application will be published 18 months from your earliest filing/priority date. From that point, your invention is public. You can mark products “patent pending”. Publication can help with fundraising and market positioning, but it also informs competitors - plan your comms and product roadmap accordingly.

6) Request Substantive Examination (Form 10)

Request examination (and pay the fee) by the deadline (typically within 6 months of publication). The UKIPO will examine novelty, inventive step and other formalities, then issue examination reports. You’ll respond with arguments and/or claim amendments. This back-and-forth continues until the application is allowed or refused.

7) Grant And Renewals

If allowed, your patent is granted and published as granted. You’ll need to pay renewals every year from the 5th year onwards to keep it in force in the UK. Diarise these - missed renewals can cause rights to lapse.

Can I Accelerate?

Yes. If your invention has an environmental benefit, consider the UKIPO’s Green Channel. There are also options to fast-track for commercial reasons (for example, if you’re already facing infringement issues), though you’ll need to meet criteria.

UKIPO, EPO Or PCT: Which Route Should A Small Business Use?

Where do you want protection? A UK patent only protects you in the UK. If your market is wider, consider these routes:

• UKIPO (UK national filing): Quickest and lowest-cost way to secure a filing date. You can use this first filing as a “priority” to extend abroad within 12 months.
• PCT (International) application: A single filing under the Patent Cooperation Treaty (via WIPO) that buys you up to 30/31 months before you must enter national phases in each country of interest. It doesn’t grant a “world patent”, but it keeps options open while you test product-market fit or fundraise.
• European patent (EPO): File at the EPO for regional examination, then validate in selected European states (including the UK). This can be efficient if Europe is a key market.

Common small-business approach: file a UK application today to lock in a date, then within 12 months decide whether to add a PCT or EPO route using your UK priority. This staggers spend while you validate the business case.

Pre-Filing Essentials And Mistakes To Avoid

A few early decisions can make or break your patent. Here’s how to avoid the common pitfalls.

Keep It Confidential Until You File

Any public disclosure before filing can destroy novelty. If you need to discuss your invention with suppliers, manufacturers, beta partners or investors pre-filing, put a Non-Disclosure Agreement in place and share only what’s necessary.

File In The Right Applicant’s Name

The “applicant” is the legal owner. If you plan to raise investment or trade as a company, file in the company’s name rather than a founder’s name. If you’ve already filed personally, you can transfer ownership later - but that may require an IP Assignment and can complicate diligence.

Get Your Claims Drafted To Support The Business Model

What will competitors actually copy? Draft claims around your core revenue drivers, not just the “coolest” technical detail. For example, if your margins depend on a particular workflow or mechanical interface, ensure those features are captured by independent claims and backed by variations in dependent claims.

Think About “Freedom To Operate” (FTO)

Patentability and FTO are different. You can earn a patent and still infringe someone else’s earlier patent if your product falls within their claims. A targeted FTO assessment helps you understand risk and, where needed, design around third-party rights. This is a good moment to speak with an intellectual property lawyer about practical risk and strategy.

Plan Your Broader IP Mix

Patents are one piece of the puzzle. Your full IP moat could also include trade marks for brand protection, registered designs for product appearance, copyright in code and documentation, and trade secrets for know-how that’s hard to reverse engineer. For many businesses, filing to register a trade mark happens in parallel with the patent journey.

Ownership, Contractors And IP Strategy As You Grow

Ownership questions often surface during funding rounds, exits or disputes - so getting this right early can save major headaches.

Employee And Founder Inventions

Under UK law, inventions made by employees “in the course of their normal duties” will often belong to the employer company. Still, it’s best practice to ensure employment paperwork is clear and that inventors agree to assist with filings and assignments as needed. If a founder or team member filed personally at the outset, tidy this up with an IP Assignment.

Contractors And External Developers

By default, contractors own what they create unless your contract says otherwise. If you’re using freelancers or agencies to prototype hardware, write code or draw CAD, ensure your contracts assign IP to your company and include confidentiality and moral rights clauses. When you’re ready to commercialise, you may also need an IP Licence for manufacturing partners, resellers or distributors.

Confidentiality In Everyday Ops

Even after filing, keep non-public know-how confidential. Use NDAs for sensitive supplier conversations and set sensible internal access controls. As your patent portfolio grows, standardise your approach to marking, record-keeping and inventor incentives.

Commercialising Your Patent: Licensing, Funding, Costs And Timelines

A patent is a commercial tool. Here’s how it fits into growth plans, plus what to expect on costs and timing.

Licensing And Partnerships

You can manufacture and sell yourself, or license the invention to others. A licence can be exclusive (only one licensee in a field or territory), sole (you and the licensee both exploit) or non-exclusive. Key terms include scope, minimum performance milestones, royalty structure, audit rights and termination. A robust IP Licence aligned with your strategy is essential.

If you’re still exploring collaboration, you might start with a simple heads of terms and an NDA. As the project matures, you’ll firm up commercial, technical and IP clauses in a full agreement.

Funding Considerations

Investors often ask about your IP position. A pending or granted patent - plus clean ownership and assignments - can improve due diligence outcomes. If you plan to out-license, a patent helps justify valuation and revenue projections. If you’re building a consumer brand alongside the tech, file early to register a trade mark so you can scale with fewer brand conflicts.

Typical Timelines

• Filing to publication: ~18 months.
• Search report: Often within a few months of requesting search.
• First examination report: Typically within 6–12 months of requesting examination, but timing varies.
• Grant: Depends on complexity, the number of office actions and your responsiveness. Two to four years is common for many SMEs.

If speed matters (e.g. fundraising), consider acceleration options or a strategy that pairs the UK with a PCT filing to signal global ambitions while managing cashflow.

Costs To Budget

Costs vary widely based on complexity, claim strategy and how much back-and-forth is needed. As a rough guide for SMEs:

• Drafting and filing (UK): Several thousand pounds for simpler inventions; more for complex/mechanical/electronics/software with multiple claim sets.
• Prosecution (responses/amendments): Varies by the number of office actions; budget for iterative work.
• Renewals: Annually from year 5, increasing over time.
• International: PCT and national phases add significant additional fees and translation costs - plan based on genuine market priorities.

Smart sequencing (e.g. UK filing now, PCT at 12 months) can smooth cashflow while you test demand.

Enforcement And Marking

Once granted, you can enforce your patent against infringers in the UK. Marking products with “UK Patent No. ” (or “patent pending” before grant) helps put third parties on notice. Always weigh litigation risk and cost; licensing, design-around negotiations and commercial solutions often achieve faster outcomes.

Don’t Forget The Rest Of Your IP

Most strong positions combine patents with brand and design protection. If the appearance of your product drives customer choice, consider a Registered Design Application. For names, logos and taglines, file to register a trade mark early, ideally before launch.

Key Takeaways

• File before you disclose. Public disclosures can destroy novelty in the UK - use a Non-Disclosure Agreement when you must share details pre-filing.
• Follow a clear sequence: targeted prior art check, professional drafting, UK filing, request search, publication, request exam, respond, grant, then keep up renewals.
• Choose a filing route that matches your markets and budget - UK first with an option to add PCT/EPO within 12 months is a common small-business strategy.
• Get ownership right from day one. Use assignments for founder/employee inventions where needed and ensure contractor agreements include IP assignment - an IP Assignment tidies this up.
• Think commercially. Plan for licensing, partnerships and funding; when you’re ready to scale, use an IP Licence aligned with your strategy.
• Build a full IP moat. Pair patents with trade marks and, where relevant, a Registered Design Application to protect the look of your product.
• If the process feels overwhelming, speak with an intellectual property lawyer about the best route and timing for your business.

If you’d like help preparing or submitting a patent application - or putting the right IP contracts in place - you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.