Patents explained: How to protect your idea

Not all ideas qualify for patents. Here's what you need to know to decide if your invention is eligible for patent registration in the UK.

Patent eligibility checklist

Run through this checklist to see if your invention qualifies for a patent:

Is your invention new?

Your invention must remain confidential before you apply. Public disclosure may prevent eligibility. For example, if you have published information about your invention online, showcased it at trade fairs, or used it publicly, it may no longer be eligible.

Is your invention inventive?

It must involve an inventive step that isn't obvious to someone skilled in the relevant field. For example, it must be a novel solution to a technical problem.

Is your invention industrially applicable?

It must be usable in some form of industry, for example agriculture. This could include a manufacturing process, a novel machine, or a new packaging feature.

What cannot be patented

Certain inventions are excluded. For example, you cannot patent:

• scientific theories or mathematical methods
• artistic works, such as music or literature
• methods of medical treatment or diagnosis
• rules for games, business methods, or presentation of information

Remember, you can't patent anything that isn't new, so always search for existing patents first to check if your idea has already been claimed. If a patent isn't suitable, other types of intellectual property, like trade marks or copyrights, might be a better fit.

Ownership considerations in UK patent application process

To qualify for a patent, you must be the legal owner of the invention. If you created your invention while working for an employer, they may own the rights. Check your employment contract or seek legal advice if in doubt.

To maintain the confidentiality of your invention, use non-disclosure agreements when discussing it with others.