If you want to patent an invention in the UK, you’ll first want to ensure it’s something that can be patented in the first place.
According to one source, the number of patent applications filed in the UK between 2022 and 2023 climbed 2.5% to 19,966 from 19,485. If you own or run a business, you likely understand the importance of filing patents. It grants you exclusive rights to whatever is covered by the patent, which means you can control its manufacture, use, and sale for however long the patent lasts. However, not every invention can be patented.
Keep reading to learn about what can and can’t be patented in the UK. You can then follow up by speaking to a patent expert who can answer any questions you have and ensure you’re ready to fill out the patent application.
What can be patented?
If your business wants to file a patent, the invention must meet specific legal criteria. The UK Intellectual Property Office, for instance, stipulates that the invention must check boxes in the following four areas.
1. It must be new
Getting a patent application approved is only possible if the invention is novel or new. In other words, it must not have been publicly rolled out anywhere worldwide before the patent application date.
Even if you discuss the invention in a social media post before filing a patent application, you could be denied at the patent office.
2. It must be original and non-derivative
Another criterion for winning a patent filing is that the invention must be inventive and non-obvious. If the invention is obvious to anyone with some experience and know-how in a related field, then the odds of securing a patent are slim to none.
3. It must be useful to some industry
Yet another criterion is that the invention must be of some benefit to some sector, whether technology, manufacturing, or some other space. Inventions that are theoretically useful, but for which there are no realistic industrial applications, won’t get the nod from the patent office.
4. It’s not prohibited by law
You can’t patent something that’s against the law. That’s the case even if the invention meets the first three criteria. If your invention violates UK law, save yourself the trouble and halt the patent filing process.
What can’t be patented?
While it’s essential to know what can be patented, it’s equally important to know what things you can’t patent in the UK. What follows is a look at four things you can’t patent.
1. Scientific theories and mathematical methods
You won’t be able to patent scientific theories and mathematical methods since these things are not deemed to be within the realm of patents. The law views them as abstract notions or laws of nature.
2. Aesthetic creations
Anything considered to be an aesthetic creation can’t be patented. Literary pieces, works of art, and music aren’t part of patent law. They’re part of copyright law.
3. Methods of medical treatment or diagnosis
Yet another invention you won’t be able to secure a patent for is a procedure for medical treatment or diagnosis. Even so, you might be able to secure a patent for diagnostic equipment or medical devices.
4. Inventions contrary to public policy or morality
An invention seen as immoral or possibly damaging to public interest could be denied patent protection. One example of this would be an invention for cloning human beings.
Those are four major no-nos, but there are other things to be mindful of if you want to avoid a rejected patent application. That’s where a patent consultant comes in useful. The consultant can walk you through the process and help you file a successful patent without trouble.
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