Two friends and I have been squatting in a building for over a year. Now the owner of the building has turned up and told us that we need to leave. We are not doing any harm here Given the length of time we have been in this building, do we have any rights to ownership?

A long-term squatter can become the registered owner of property or land they’ve occupied without the owner’s permission.

Squatting and the law

Overview

Squatting is when someone deliberately enters property without permission and lives there, or intends to live there. This is sometimes known as ‘adverse possession’.

Squatting in residential buildings (like a house or flat) is illegal. It can lead to 6 months in prison, a £5,000 fine or both.

Anyone who originally enters a property with the permission of the landlord is not a squatter. For example, if you’re renting a property and fall behind with rent payments you’re not squatting if you continue to live there.

Although squatting in non-residential building or land is not in itself a crime, it’s a crime to damage the property.

It’s usually a crime not to leave land or property when you’re instructed to do so by:

the owner

the police

the council

a repossession order

Squatting in non-residential properties

A non-residential property is any building or land that is not designed to be lived in.

Simply being on another person’s non-residential property without their permission is not usually a crime. The police can take action if squatters commit other crimes when entering or staying in a property.

Crimes include:

causing damage when entering the property

causing damage while in the property

not leaving when they’re told to by a court

stealing from the property

using utilities like electricity or gas without permission

fly-tipping

not obeying a noise abatement notice

Contact the police if you see someone breaking into or damaging property.

Squatters' rights to property

Get legal advice from a conveyancer or solicitor if you’re a squatter in a property and want to claim ownership.

Who can apply

You can apply if you can prove:

you, or a succession of squatters, have occupied the property continuously for 10 years (12 years if it’s not registered with HM Land Registry)

you (or your predecessors) acted as owners of the property for the whole of that time

you (or any of your predecessors) did not have the owner’s permission, for example the property was not originally rented to a squatter

If the property’s registered

Fill in a form for adverse possession.

Complete and sign a written ‘statement of truth’, or get a solicitor to prepare this for you.

Send your form and statement to the HM Land Registry Citizen Centre.

HM Land Registry will decide if your application is valid and will let the property owner know. The owner has 65 days to object - your application will usually be automatically rejected if they do.

You’ll be registered as the owner of the property if there’s no objection.

You can apply again after 2 years if:

the owner has not tried to remove you

the property has not been reclaimed

you’re still in possession of the property

HM Land Registry will usually then register you as the owner.

If the property’s unregistered

Apply for first registration - include your statement with your application.

HM Land Registry will:

inspect the property - you must pay a fee for this

decide if your application is valid

let the property owner know, if they have their details

You can try to come to an agreement with the owners if they object. HM Land Registry will arrange a tribunal to decide who owns the property if you cannot agree or do not want to.

You may have to pay the costs of the owner, such as their reasonable legal fees, no matter what the outcome.

Stop squatters legally possessing property

HM Land Registry will tell you if squatters apply for legal ownership of your property if it’s registered - you must take action if you want to keep it.

Get legal advice from a conveyancer or solicitor if squatters try to claim your property.

How you block an application depends on whether your property is registered with HM Land Registry or not.

Registered properties

You’ve 65 days to object to an application - HM Land Registry will tell you what you need to do.

HM Land Registry will reject the squatters’ application if you’ve got a valid objection.

You must take action to remove the squatters and reclaim your property once the squatters’ claim is rejected.

You will not be able to object again if you’ve done nothing within 2 years of the original application and the same squatters reapply.

Unregistered properties

You can object to a squatter’s application. HM Land Registry will tell you what you need to do.

HM Land Registry may not be able to contact you if your property is not registered.

HM Land Registry will decide if your objection is valid - if it is they’ll ask if you want to negotiate with the squatters, for example offer to sell them the property. You’ll be given time to do so.

A tribunal will decide who owns the property if you cannot agree - HM Land Registry will arrange this.

Remove squatters

You can remove squatters using an interim possession order (IPO) or making a claim for possession.

Do not try to remove the squatters yourself using force or the threat of force - you’re committing a crime if you do.

Get legal advice from a solicitor if you need help making a claim for possession.

Interim possession orders

You can only apply for an IPO if it’s been 28 days or less since you found out your property’s been squatted.

Fill in an application for an IPO and send it to your local county court.

The court will send you confirmation of your IPO within a few days. They will also send you documents that you must give to the squatters within 48 hours.

After being served with an IPO squatters can be sent to prison if they do not:

leave your property within 24 hours

stay away from your property for 12 months

To get final possession of the property, you must make a claim for possession. You can do this on your IPO application form or separately online.

Exceptions

You cannot use an IPO if:

you’re also making a claim for damages caused by the squatters - instead you should make an ordinary claim for possession

you’re trying to evict former tenants, sub-tenants or licensees

Claim for possession

Make a claim for possession if it’s been more than 28 days since you found out about the squatters.

Where to get help

You may be classed as homeless if you’re squatting. Get advice from Shelter or Shelter in Wales.

You can also contact your council for help.

Report squatters

Call the police if you:

find people squatting in a residential property you own

see someone breaking into anywhere

think someone is squatting

You can apply if you can prove:

Squatting and the law

Overview

Although squatting in non-residential building or land is not in itself a crime, it’s a crime to damage the property.

It’s usually a crime not to leave land or property when you’re instructed to do so by:

the owner

the police

the council

a repossession order

Squatting in non-residential properties

A non-residential property is any building or land that is not designed to be lived in.

Crimes include:

causing damage when entering the property

causing damage while in the property

not leaving when they’re told to by a court

stealing from the property

using utilities like electricity or gas without permission

fly-tipping

not obeying a noise abatement notice

Contact the police if you see someone breaking into or damaging property.

Squatters' rights to property

A long-term squatter can become the registered owner of property or land they’ve occupied without the owner’s permission.

Get legal advice from a conveyancer or solicitor if you’re a squatter in a property and want to claim ownership.

Who can apply

You can apply if you can prove:

you (or your predecessors) acted as owners of the property for the whole of that time

If the property’s registered

Fill in a form for adverse possession.

Complete and sign a written ‘statement of truth’, or get a solicitor to prepare this for you.

Send your form and statement to the HM Land Registry Citizen Centre.

You’ll be registered as the owner of the property if there’s no objection.

You can apply again after 2 years if:

the owner has not tried to remove you

the property has not been reclaimed

you’re still in possession of the property

HM Land Registry will usually then register you as the owner.

If the property’s unregistered

Apply for first registration - include your statement with your application.

HM Land Registry will:

inspect the property - you must pay a fee for this

decide if your application is valid

let the property owner know, if they have their details

You may have to pay the costs of the owner, such as their reasonable legal fees, no matter what the outcome.

Stop squatters legally possessing property

Get legal advice from a conveyancer or solicitor if squatters try to claim your property.

How you block an application depends on whether your property is registered with HM Land Registry or not.

Registered properties

You’ve 65 days to object to an application - HM Land Registry will tell you what you need to do.

HM Land Registry will reject the squatters’ application if you’ve got a valid objection.

You must take action to remove the squatters and reclaim your property once the squatters’ claim is rejected.

Unregistered properties

You can object to a squatter’s application. HM Land Registry will tell you what you need to do.

HM Land Registry may not be able to contact you if your property is not registered.

A tribunal will decide who owns the property if you cannot agree - HM Land Registry will arrange this.

Remove squatters

You can remove squatters using an interim possession order (IPO) or making a claim for possession.

Do not try to remove the squatters yourself using force or the threat of force - you’re committing a crime if you do.

Get legal advice from a solicitor if you need help making a claim for possession.

Interim possession orders

You can only apply for an IPO if it’s been 28 days or less since you found out your property’s been squatted.

Fill in an application for an IPO and send it to your local county court.

After being served with an IPO squatters can be sent to prison if they do not:

leave your property within 24 hours

stay away from your property for 12 months

Exceptions

You cannot use an IPO if:

you’re also making a claim for damages caused by the squatters - instead you should make an ordinary claim for possession

you’re trying to evict former tenants, sub-tenants or licensees

Claim for possession

Make a claim for possession if it’s been more than 28 days since you found out about the squatters.

Where to get help

You may be classed as homeless if you’re squatting. Get advice from Shelter or Shelter in Wales.

You can also contact your council for help.

Report squatters

Call the police if you:

find people squatting in a residential property you own

see someone breaking into anywhere

think someone is squatting

Squatting and the law

Overview

Although squatting in non-residential building or land is not in itself a crime, it’s a crime to damage the property.

It’s usually a crime not to leave land or property when you’re instructed to do so by:

the owner

the police

the council

a repossession order

Squatting in non-residential properties

A non-residential property is any building or land that is not designed to be lived in.

Crimes include:

causing damage when entering the property

causing damage while in the property

not leaving when they’re told to by a court

stealing from the property

using utilities like electricity or gas without permission

fly-tipping

not obeying a noise abatement notice

Contact the police if you see someone breaking into or damaging property.

Squatters' rights to property

A long-term squatter can become the registered owner of property or land they’ve occupied without the owner’s permission.

Get legal advice from a conveyancer or solicitor if you’re a squatter in a property and want to claim ownership.

Who can apply

You can apply if you can prove:

you (or your predecessors) acted as owners of the property for the whole of that time

If the property’s registered

Fill in a form for adverse possession.

Complete and sign a written ‘statement of truth’, or get a solicitor to prepare this for you.

Send your form and statement to the HM Land Registry Citizen Centre.

You’ll be registered as the owner of the property if there’s no objection.

You can apply again after 2 years if:

the owner has not tried to remove you

the property has not been reclaimed

you’re still in possession of the property

HM Land Registry will usually then register you as the owner.

If the property’s unregistered

Apply for first registration - include your statement with your application.

HM Land Registry will:

inspect the property - you must pay a fee for this

decide if your application is valid

let the property owner know, if they have their details

You may have to pay the costs of the owner, such as their reasonable legal fees, no matter what the outcome.

Stop squatters legally possessing property

Get legal advice from a conveyancer or solicitor if squatters try to claim your property.

How you block an application depends on whether your property is registered with HM Land Registry or not.

Registered properties

You’ve 65 days to object to an application - HM Land Registry will tell you what you need to do.

HM Land Registry will reject the squatters’ application if you’ve got a valid objection.

You must take action to remove the squatters and reclaim your property once the squatters’ claim is rejected.

Unregistered properties

You can object to a squatter’s application. HM Land Registry will tell you what you need to do.

HM Land Registry may not be able to contact you if your property is not registered.

A tribunal will decide who owns the property if you cannot agree - HM Land Registry will arrange this.

Remove squatters

You can remove squatters using an interim possession order (IPO) or making a claim for possession.

Do not try to remove the squatters yourself using force or the threat of force - you’re committing a crime if you do.

Get legal advice from a solicitor if you need help making a claim for possession.

Interim possession orders

You can only apply for an IPO if it’s been 28 days or less since you found out your property’s been squatted.

Fill in an application for an IPO and send it to your local county court.

After being served with an IPO squatters can be sent to prison if they do not:

leave your property within 24 hours

stay away from your property for 12 months

Exceptions

You cannot use an IPO if:

you’re also making a claim for damages caused by the squatters - instead you should make an ordinary claim for possession

you’re trying to evict former tenants, sub-tenants or licensees

Claim for possession

Make a claim for possession if it’s been more than 28 days since you found out about the squatters.

Where to get help

You may be classed as homeless if you’re squatting. Get advice from Shelter or Shelter in Wales.

You can also contact your council for help.

Report squatters

Call the police if you:

find people squatting in a residential property you own

see someone breaking into anywhere

think someone is squatting

you (or your predecessors) acted as owners of the property for the whole of that time

Squatting and the law

Overview

Although squatting in non-residential building or land is not in itself a crime, it’s a crime to damage the property.

It’s usually a crime not to leave land or property when you’re instructed to do so by:

the owner

the police

the council

a repossession order

Squatting in non-residential properties

A non-residential property is any building or land that is not designed to be lived in.

Crimes include:

causing damage when entering the property

causing damage while in the property

not leaving when they’re told to by a court

stealing from the property

using utilities like electricity or gas without permission

fly-tipping

not obeying a noise abatement notice

Contact the police if you see someone breaking into or damaging property.

Squatters' rights to property

A long-term squatter can become the registered owner of property or land they’ve occupied without the owner’s permission.

Get legal advice from a conveyancer or solicitor if you’re a squatter in a property and want to claim ownership.

Who can apply

You can apply if you can prove:

If the property’s registered

Fill in a form for adverse possession.

Complete and sign a written ‘statement of truth’, or get a solicitor to prepare this for you.

Send your form and statement to the HM Land Registry Citizen Centre.

You’ll be registered as the owner of the property if there’s no objection.

You can apply again after 2 years if:

the owner has not tried to remove you

the property has not been reclaimed

you’re still in possession of the property

HM Land Registry will usually then register you as the owner.

If the property’s unregistered

Apply for first registration - include your statement with your application.

HM Land Registry will:

inspect the property - you must pay a fee for this

decide if your application is valid

let the property owner know, if they have their details

You may have to pay the costs of the owner, such as their reasonable legal fees, no matter what the outcome.

Stop squatters legally possessing property

Get legal advice from a conveyancer or solicitor if squatters try to claim your property.

How you block an application depends on whether your property is registered with HM Land Registry or not.

Registered properties

You’ve 65 days to object to an application - HM Land Registry will tell you what you need to do.

HM Land Registry will reject the squatters’ application if you’ve got a valid objection.

You must take action to remove the squatters and reclaim your property once the squatters’ claim is rejected.

Unregistered properties

You can object to a squatter’s application. HM Land Registry will tell you what you need to do.

HM Land Registry may not be able to contact you if your property is not registered.

A tribunal will decide who owns the property if you cannot agree - HM Land Registry will arrange this.

Remove squatters

You can remove squatters using an interim possession order (IPO) or making a claim for possession.

Do not try to remove the squatters yourself using force or the threat of force - you’re committing a crime if you do.

Get legal advice from a solicitor if you need help making a claim for possession.

Interim possession orders

You can only apply for an IPO if it’s been 28 days or less since you found out your property’s been squatted.

Fill in an application for an IPO and send it to your local county court.

After being served with an IPO squatters can be sent to prison if they do not:

leave your property within 24 hours

stay away from your property for 12 months

Exceptions

You cannot use an IPO if:

you’re also making a claim for damages caused by the squatters - instead you should make an ordinary claim for possession

you’re trying to evict former tenants, sub-tenants or licensees

Claim for possession

Make a claim for possession if it’s been more than 28 days since you found out about the squatters.

Where to get help

You may be classed as homeless if you’re squatting. Get advice from Shelter or Shelter in Wales.

You can also contact your council for help.

Report squatters

Call the police if you:

find people squatting in a residential property you own

see someone breaking into anywhere

think someone is squatting

Squatting and the law

Overview

Squatting in residential buildings (like a house or flat) is illegal. It can lead to 6 months in prison, a £5,000 fine or both.

Although squatting in non-residential building or land is not in itself a crime, it’s a crime to damage the property.

It’s usually a crime not to leave land or property when you’re instructed to do so by:

the owner

the police

the council

a repossession order

Squatting in non-residential properties

A non-residential property is any building or land that is not designed to be lived in.

Crimes include:

causing damage when entering the property

causing damage while in the property

not leaving when they’re told to by a court

stealing from the property

using utilities like electricity or gas without permission

fly-tipping

not obeying a noise abatement notice

Contact the police if you see someone breaking into or damaging property.

Squatters' rights to property

A long-term squatter can become the registered owner of property or land they’ve occupied without the owner’s permission.

Get legal advice from a conveyancer or solicitor if you’re a squatter in a property and want to claim ownership.

Who can apply

You can apply if you can prove:

you (or your predecessors) acted as owners of the property for the whole of that time

If the property’s registered

Fill in a form for adverse possession.

Complete and sign a written ‘statement of truth’, or get a solicitor to prepare this for you.

Send your form and statement to the HM Land Registry Citizen Centre.

You’ll be registered as the owner of the property if there’s no objection.

You can apply again after 2 years if:

the owner has not tried to remove you

the property has not been reclaimed

you’re still in possession of the property

HM Land Registry will usually then register you as the owner.

If the property’s unregistered

Apply for first registration - include your statement with your application.

HM Land Registry will:

inspect the property - you must pay a fee for this

decide if your application is valid

let the property owner know, if they have their details

You may have to pay the costs of the owner, such as their reasonable legal fees, no matter what the outcome.

Stop squatters legally possessing property

Get legal advice from a conveyancer or solicitor if squatters try to claim your property.

How you block an application depends on whether your property is registered with HM Land Registry or not.

Registered properties

You’ve 65 days to object to an application - HM Land Registry will tell you what you need to do.

HM Land Registry will reject the squatters’ application if you’ve got a valid objection.

You must take action to remove the squatters and reclaim your property once the squatters’ claim is rejected.

Unregistered properties

You can object to a squatter’s application. HM Land Registry will tell you what you need to do.

HM Land Registry may not be able to contact you if your property is not registered.

A tribunal will decide who owns the property if you cannot agree - HM Land Registry will arrange this.

Remove squatters

You can remove squatters using an interim possession order (IPO) or making a claim for possession.

Do not try to remove the squatters yourself using force or the threat of force - you’re committing a crime if you do.

Get legal advice from a solicitor if you need help making a claim for possession.

Interim possession orders

You can only apply for an IPO if it’s been 28 days or less since you found out your property’s been squatted.

Fill in an application for an IPO and send it to your local county court.

After being served with an IPO squatters can be sent to prison if they do not:

leave your property within 24 hours

stay away from your property for 12 months

Exceptions

You cannot use an IPO if:

you’re also making a claim for damages caused by the squatters - instead you should make an ordinary claim for possession

you’re trying to evict former tenants, sub-tenants or licensees

Claim for possession

Make a claim for possession if it’s been more than 28 days since you found out about the squatters.

Where to get help

You may be classed as homeless if you’re squatting. Get advice from Shelter or Shelter in Wales.

You can also contact your council for help.

Report squatters

Call the police if you:

find people squatting in a residential property you own

see someone breaking into anywhere

think someone is squatting


I am a mechanical engineer who works with a large engineering firm. I also maintain a workshop of my own at home, and recently invented a new device while working alone there. I would rather not discuss this with the company's lawyers if I do decide to try and patent it, as that may well complicate the issue of ownership. What are the sources of free (or inexpensive) legal advice on applying for a patent?

You can get a professional to help you decide whether a patent is right for your business.

Patenting your invention

What you can patent

You can use a patent to protect your invention. It gives you the right to take legal action against anyone who makes, uses, sells or imports it without your permission.

To be granted a patent, your invention must be all of the following:

something that can be made or used

new

inventive - not just a simple modification to something that already exists

Patents are expensive and difficult to get. Before you apply, check if a patent is right for your business.

What you cannot patent

You cannot patent certain types of invention, including:

literary, dramatic, musical or artistic works

a way of doing business, playing a game or thinking

a method of medical treatment or diagnosis

a discovery, scientific theory or mathematical method

the way information is presented

some computer programs or mobile apps

‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties

Before you apply

Patents are the most difficult form of protection to get. Check if a patent is right for your business before you apply for one.

You should only apply for a patent if:

your invention is new - check for similar ones by searching published patents, the internet and trade publications

you have the time and money for the application process

The application process is:

complicated - only 1 in 20 applicants get a patent without professional help

expensive - with professional help, applications typically cost £4,000

long - it usually takes 5 years

If you get a patent, you’ll also have to pay to renew it each year and the costs of legal action if you need to defend it.

Other ways to protect your intellectual property

Other types of protection might be more appropriate for your business. For example, you can use:

trade marks - if you can create a brand and be first to market

design rights - if how your product looks (rather than how it works) is important and innovative

non-disclosure agreements to keep it secret before launch - this can provide enough protection if your product is likely to sell for only a short time

Getting help

You can get a professional to help you decide whether a patent is right for your business.

You may be able to get free advice by:

speaking to a patent attorney or other professional advisor - many offer basic advice for free

attending an intellectual property (IP) clinic

going to the British Library Business and IP Centre in London

This advice will be confidential.

Do not talk to other people without a non-disclosure agreement, or you may not be able to patent your invention. You can get help with this from a patent attorney or solicitor.

If you decide to apply

When you’ve checked that a patent is right for your business, you should find a patent attorney or advisor. They will:

help you prepare your application correctly - you cannot add in additional information later

give you the best chance of being granted a patent

try to make your patent as commercially valuable as possible

You may be approached by companies offering to promote your invention for a fee. Get independent legal or financial advice before you agree to anything.

Applying for a patent

If you work with a patent attorney or advisor, they’ll help you through the application process. Applications typically cost £4,000 and the process usually takes 5 years. There are 8 steps if you apply for patent protection in the UK through the Intellectual Property Office (IPO).

Search for similar patents to make sure your invention is new.

Prepare your patent application.

File your patent application and request a search from IPO.

Receive your search report (usually within 6 months) and decide whether you want to continue with your application.

Your application will be published 18 months after you file it.

Ask for a ‘substantive examination’ within 6 months of publication.

Respond to comments from IPO’s ‘substantive examination’. The examination may take place several years after you file your application.

Your application will be granted or refused.

You can commercially benefit from your patent once it has been granted, for example license, sell or mortgage your patent.

Do not make your invention public before you apply. You may not be able to patent it if you do.

Other ways to get a UK patent

You can also file a UK patent application through the:

European Patent Office (EPO)

World Intellectual Property Organization (WIPO)

Prepare your application

If you work with a patent attorney or advisor, they’ll help you through the application process.

A patent application is made up of 4 parts that need to meet specific criteria.

You must include:

a description of your invention that allows others to see how it works and how it could be made

legal statements that set out the technical features of your invention that are to be protected (known as ‘claims’)

a summary of all the important technical aspects of your invention (known as the ‘abstract’)

You should also include any drawings you need to illustrate your description.

The fees are higher if your description has more than 35 pages or you include more than 25 claims.

Read the patent application fact sheets for instructions on how to produce each part of your application.

You have to submit your description and any drawings with your application form.

You can file your claims and abstract once your patent is pending, but it’s best if you submit all the parts together.

Academic papers

You can send academic papers as part of your patent application, to help describe your invention.

You still need to send a description, drawings and claims.

‘Statement of inventorship’

You need to complete a statement of inventorship if:

you’re not the inventor

there’s more than one inventor and they’re not listed as applicants

you’re applying on behalf of a company

The statement provides the Intellectual Property Office (IPO) with more information about who the inventor is and why you have the right to apply for the patent.

Submit your ‘statement of inventorship’ online when you apply for a patent, or do it later by filing documents for a pending UK patent.

Alternatively, download the ‘statement of inventorship’ form and send it with your application.

Apply for a patent

If you work with a patent attorney or advisor, they’ll help you through the application process.

You can file a UK patent application with the Intellectual Property Office (IPO). Read the patent application fact sheets for instructions on how to produce each part of your application.

You can apply either:

online

by post

You can request and pay for your search and examination at this point or later in the process.

Fees

Stage | Apply online | Apply by post

Application (if you pay when you apply) | £60 | £90

Application (if you pay later) | £75 | £112.50

Search | £150 (plus £20 for each claim over 25 claims) | £180 (plus £20 for each claim over 25 claims)

Substantive examination | £100 (plus £10 for each page of description over 35 pages) | £130 (plus £10 for each page of description over 35 pages)

If you get a patent, you’ll also have to pay to renew it to keep it in force.

Get your patent granted more quickly

You can get your application processed more quickly if you file your search and examination requests at the same time as you apply.

This costs the same as applying separately and means they’ll be processed at the same time.

You may also be able to get a ‘fast grant’ if, for example:

your invention has some sort of environmental benefit (green channel)

you’ve already submitted a patent application for your invention at another patent office (Patent Prosecution Highway)

Read the patents fast grant guidance.

Request your search and examination

As part of the application process, you must pay for a patent search and a ‘substantive examination’.

You can request the search either when you apply or later in the process.

You must request your search within 12 months of your filing or priority date.

You must request your examination within 6 months of publication.

Patent search

The Intellectual Property Office (IPO) carries out a search to check whether your invention is new and inventive.

You have to request and pay for your search within 12 months of your filing date or priority date.

You’ll be sent the results and told if any part of your application is not right.

Read the search report factsheet.

Search reports can take up to 6 months.

Publication

Your application will be published 18 months from your filing or priority date, provided it’s complete and passes the search.

The open part of your application, which includes your address, will be publicly available in the:

online patents journal on the IPO website

IPO records

‘Substantive examination’

The examination checks whether your invention is new and inventive enough. It also checks that your description and claims match and are good enough to patent.

The examination will show if your application meets the legal requirements. You’ll be told what you need to do if it does not.

You must request an examination of your patent application within 6 months of publication.

Examinations can take place several years after you file your application.

How to apply

You can apply online or by post for both the search and examination.

Apply online

You can request your search and examination either:

with your initial application

later in the process

You must request your search within 12 months of your filing or priority date and examination within 6 months of publication.

Apply by post

Download the forms:

search request form

examination request form

Fill in and post the forms. The address is on the forms.

After you apply

If you work with a patent attorney or advisor, they’ll help you through the application process.

You’ll be sent a receipt with your application number and filing date (the date your application is received).

You’ll be told what to do next and when.

After you’ve applied you can mark your invention as ‘patent pending’ or ‘patent applied for’. You can either add the patent number and say that you applied for it in the UK, or use a web address instead if the patent number is online.

If you use a web address, make sure the patent number and the product it relates to are clearly displayed on your website.

If your patent is granted:

your application will be published in its final form

you’ll be sent a certificate

You’ll be responsible for renewing and defending your patent.

File more documents once your patent is pending

You may need to file more forms and documents once you have a patent pending (for example a form to request a search, or a document with your claims).

You must send your claims, abstract, application fee and search fee within 12 months of your filing date.

If your application includes a ‘priority date’ from an earlier application

You must send your claims, abstract, application fee and search fee within whichever of the following is later:

12 months of the date when you filed your previous application (the priority date)

2 months of your current filing date

Withdraw your application

You can withdraw your application for any reason, for example to stop it becoming public.

To stop your invention entering the public domain you must withdraw your application before it’s published.

You can ask for a withdrawal up to the day before the deadline given in your search report.

Withdraw by email

Email withdraw@ipo.gov.uk with your patent application number in the subject line.

Clearly state that you want to withdraw in the body of the email.

State why you have the authority to withdraw the application, for example that you’re the applicant or their agent.

Withdraw by post

You can also withdraw by post - mark your request as urgent if there’s less than 3 weeks until publication.

Make a new application with a priority date

You can withdraw your application and reapply if you want to change it for any reason, for example if you’ve developed your invention since you first applied or have new information.

You can use the filing date of your earlier application (known as the priority date) if your new application is made within 12 months.

Terminated applications

Your application will be terminated if you do not submit the right documents, forms and payment when asked to.

You may be able to reopen your application if you apply within 12 months of termination.

You need to be able to show:

why you failed to meet the requirements

that the failure was not intentional

when you became able to meet the requirements

It costs £150 to apply - this is not refundable.

Reopen your application

Download the reinstatement request form.

Send the form, your fee and any supporting evidence to IPO.

If your request is granted, you must meet the requirements within 2 months.

You can ask for an ex parte hearing if you’re turned down, where you can put your case to a senior official.

International patents

A patent only protects your invention in the country where the patent is registered.

For protection overseas, you can:

file a single application under the Patent Cooperation Treaty (PCT) for protection in more than 140 countries

file a single application with the European Patent Office (EPO) for protection in more than 30 countries in Europe

apply separately to the patent office of each country where you want a patent

Read the guidance on filing a patent abroad for basic information on filing for international protection.

You may be able to get free advice by:

Patenting your invention

What you can patent

To be granted a patent, your invention must be all of the following:

something that can be made or used

new

inventive - not just a simple modification to something that already exists

Patents are expensive and difficult to get. Before you apply, check if a patent is right for your business.

What you cannot patent

You cannot patent certain types of invention, including:

literary, dramatic, musical or artistic works

a way of doing business, playing a game or thinking

a method of medical treatment or diagnosis

a discovery, scientific theory or mathematical method

the way information is presented

some computer programs or mobile apps

‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties

Before you apply

Patents are the most difficult form of protection to get. Check if a patent is right for your business before you apply for one.

You should only apply for a patent if:

your invention is new - check for similar ones by searching published patents, the internet and trade publications

you have the time and money for the application process

The application process is:

complicated - only 1 in 20 applicants get a patent without professional help

expensive - with professional help, applications typically cost £4,000

long - it usually takes 5 years

If you get a patent, you’ll also have to pay to renew it each year and the costs of legal action if you need to defend it.

Other ways to protect your intellectual property

Other types of protection might be more appropriate for your business. For example, you can use:

trade marks - if you can create a brand and be first to market

design rights - if how your product looks (rather than how it works) is important and innovative

Getting help

You can get a professional to help you decide whether a patent is right for your business.

You may be able to get free advice by:

speaking to a patent attorney or other professional advisor - many offer basic advice for free

attending an intellectual property (IP) clinic

going to the British Library Business and IP Centre in London

This advice will be confidential.

If you decide to apply

When you’ve checked that a patent is right for your business, you should find a patent attorney or advisor. They will:

help you prepare your application correctly - you cannot add in additional information later

give you the best chance of being granted a patent

try to make your patent as commercially valuable as possible

Applying for a patent

Search for similar patents to make sure your invention is new.

Prepare your patent application.

File your patent application and request a search from IPO.

Receive your search report (usually within 6 months) and decide whether you want to continue with your application.

Your application will be published 18 months after you file it.

Ask for a ‘substantive examination’ within 6 months of publication.

Your application will be granted or refused.

You can commercially benefit from your patent once it has been granted, for example license, sell or mortgage your patent.

Do not make your invention public before you apply. You may not be able to patent it if you do.

Other ways to get a UK patent

You can also file a UK patent application through the:

European Patent Office (EPO)

World Intellectual Property Organization (WIPO)

Prepare your application

If you work with a patent attorney or advisor, they’ll help you through the application process.

A patent application is made up of 4 parts that need to meet specific criteria.

You must include:

a description of your invention that allows others to see how it works and how it could be made

legal statements that set out the technical features of your invention that are to be protected (known as ‘claims’)

a summary of all the important technical aspects of your invention (known as the ‘abstract’)

You should also include any drawings you need to illustrate your description.

The fees are higher if your description has more than 35 pages or you include more than 25 claims.

Read the patent application fact sheets for instructions on how to produce each part of your application.

You have to submit your description and any drawings with your application form.

You can file your claims and abstract once your patent is pending, but it’s best if you submit all the parts together.

Academic papers

You can send academic papers as part of your patent application, to help describe your invention.

You still need to send a description, drawings and claims.

‘Statement of inventorship’

You need to complete a statement of inventorship if:

you’re not the inventor

there’s more than one inventor and they’re not listed as applicants

you’re applying on behalf of a company

Alternatively, download the ‘statement of inventorship’ form and send it with your application.

Apply for a patent

If you work with a patent attorney or advisor, they’ll help you through the application process.

You can apply either:

online

by post

You can request and pay for your search and examination at this point or later in the process.

Fees

Stage | Apply online | Apply by post

Application (if you pay when you apply) | £60 | £90

Application (if you pay later) | £75 | £112.50

Search | £150 (plus £20 for each claim over 25 claims) | £180 (plus £20 for each claim over 25 claims)

If you get a patent, you’ll also have to pay to renew it to keep it in force.

Get your patent granted more quickly

You can get your application processed more quickly if you file your search and examination requests at the same time as you apply.

This costs the same as applying separately and means they’ll be processed at the same time.

You may also be able to get a ‘fast grant’ if, for example:

your invention has some sort of environmental benefit (green channel)

you’ve already submitted a patent application for your invention at another patent office (Patent Prosecution Highway)

Read the patents fast grant guidance.

Request your search and examination

As part of the application process, you must pay for a patent search and a ‘substantive examination’.

You can request the search either when you apply or later in the process.

You must request your search within 12 months of your filing or priority date.

You must request your examination within 6 months of publication.

Patent search

The Intellectual Property Office (IPO) carries out a search to check whether your invention is new and inventive.

You have to request and pay for your search within 12 months of your filing date or priority date.

You’ll be sent the results and told if any part of your application is not right.

Read the search report factsheet.

Search reports can take up to 6 months.

Publication

Your application will be published 18 months from your filing or priority date, provided it’s complete and passes the search.

The open part of your application, which includes your address, will be publicly available in the:

online patents journal on the IPO website

IPO records

‘Substantive examination’

The examination will show if your application meets the legal requirements. You’ll be told what you need to do if it does not.

You must request an examination of your patent application within 6 months of publication.

Examinations can take place several years after you file your application.

How to apply

You can apply online or by post for both the search and examination.

Apply online

You can request your search and examination either:

with your initial application

later in the process

You must request your search within 12 months of your filing or priority date and examination within 6 months of publication.

Apply by post

Download the forms:

search request form

examination request form

Fill in and post the forms. The address is on the forms.

After you apply

If you work with a patent attorney or advisor, they’ll help you through the application process.

You’ll be sent a receipt with your application number and filing date (the date your application is received).

You’ll be told what to do next and when.

If you use a web address, make sure the patent number and the product it relates to are clearly displayed on your website.

If your patent is granted:

your application will be published in its final form

you’ll be sent a certificate

You’ll be responsible for renewing and defending your patent.

File more documents once your patent is pending

You must send your claims, abstract, application fee and search fee within 12 months of your filing date.

If your application includes a ‘priority date’ from an earlier application

You must send your claims, abstract, application fee and search fee within whichever of the following is later:

12 months of the date when you filed your previous application (the priority date)

2 months of your current filing date

Withdraw your application

You can withdraw your application for any reason, for example to stop it becoming public.

To stop your invention entering the public domain you must withdraw your application before it’s published.

You can ask for a withdrawal up to the day before the deadline given in your search report.

Withdraw by email

Email withdraw@ipo.gov.uk with your patent application number in the subject line.

Clearly state that you want to withdraw in the body of the email.

State why you have the authority to withdraw the application, for example that you’re the applicant or their agent.

Withdraw by post

You can also withdraw by post - mark your request as urgent if there’s less than 3 weeks until publication.

Make a new application with a priority date

You can use the filing date of your earlier application (known as the priority date) if your new application is made within 12 months.

Terminated applications

Your application will be terminated if you do not submit the right documents, forms and payment when asked to.

You may be able to reopen your application if you apply within 12 months of termination.

You need to be able to show:

why you failed to meet the requirements

that the failure was not intentional

when you became able to meet the requirements

It costs £150 to apply - this is not refundable.

Reopen your application

Download the reinstatement request form.

Send the form, your fee and any supporting evidence to IPO.

If your request is granted, you must meet the requirements within 2 months.

You can ask for an ex parte hearing if you’re turned down, where you can put your case to a senior official.

International patents

A patent only protects your invention in the country where the patent is registered.

For protection overseas, you can:

file a single application under the Patent Cooperation Treaty (PCT) for protection in more than 140 countries

file a single application with the European Patent Office (EPO) for protection in more than 30 countries in Europe

apply separately to the patent office of each country where you want a patent

Read the guidance on filing a patent abroad for basic information on filing for international protection.

speaking to a patent attorney or other professional advisor - many offer basic advice for free

Patenting your invention

What you can patent

To be granted a patent, your invention must be all of the following:

something that can be made or used

new

inventive - not just a simple modification to something that already exists

Patents are expensive and difficult to get. Before you apply, check if a patent is right for your business.

What you cannot patent

You cannot patent certain types of invention, including:

literary, dramatic, musical or artistic works

a way of doing business, playing a game or thinking

a method of medical treatment or diagnosis

a discovery, scientific theory or mathematical method

the way information is presented

some computer programs or mobile apps

‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties

Before you apply

Patents are the most difficult form of protection to get. Check if a patent is right for your business before you apply for one.

You should only apply for a patent if:

your invention is new - check for similar ones by searching published patents, the internet and trade publications

you have the time and money for the application process

The application process is:

complicated - only 1 in 20 applicants get a patent without professional help

expensive - with professional help, applications typically cost £4,000

long - it usually takes 5 years

If you get a patent, you’ll also have to pay to renew it each year and the costs of legal action if you need to defend it.

Other ways to protect your intellectual property

Other types of protection might be more appropriate for your business. For example, you can use:

trade marks - if you can create a brand and be first to market

design rights - if how your product looks (rather than how it works) is important and innovative

Getting help

You can get a professional to help you decide whether a patent is right for your business.

You may be able to get free advice by:

speaking to a patent attorney or other professional advisor - many offer basic advice for free

attending an intellectual property (IP) clinic

going to the British Library Business and IP Centre in London

This advice will be confidential.

If you decide to apply

When you’ve checked that a patent is right for your business, you should find a patent attorney or advisor. They will:

help you prepare your application correctly - you cannot add in additional information later

give you the best chance of being granted a patent

try to make your patent as commercially valuable as possible

Applying for a patent

Search for similar patents to make sure your invention is new.

Prepare your patent application.

File your patent application and request a search from IPO.

Receive your search report (usually within 6 months) and decide whether you want to continue with your application.

Your application will be published 18 months after you file it.

Ask for a ‘substantive examination’ within 6 months of publication.

Respond to comments from IPO’s ‘substantive examination’. The examination may take place several years after you file your application.

Your application will be granted or refused.

You can commercially benefit from your patent once it has been granted, for example license, sell or mortgage your patent.

Do not make your invention public before you apply. You may not be able to patent it if you do.

Other ways to get a UK patent

You can also file a UK patent application through the:

European Patent Office (EPO)

World Intellectual Property Organization (WIPO)

Prepare your application

If you work with a patent attorney or advisor, they’ll help you through the application process.

A patent application is made up of 4 parts that need to meet specific criteria.

You must include:

a description of your invention that allows others to see how it works and how it could be made

legal statements that set out the technical features of your invention that are to be protected (known as ‘claims’)

a summary of all the important technical aspects of your invention (known as the ‘abstract’)

You should also include any drawings you need to illustrate your description.

The fees are higher if your description has more than 35 pages or you include more than 25 claims.

Read the patent application fact sheets for instructions on how to produce each part of your application.

You have to submit your description and any drawings with your application form.

You can file your claims and abstract once your patent is pending, but it’s best if you submit all the parts together.

Academic papers

You can send academic papers as part of your patent application, to help describe your invention.

You still need to send a description, drawings and claims.

‘Statement of inventorship’

You need to complete a statement of inventorship if:

you’re not the inventor

there’s more than one inventor and they’re not listed as applicants

you’re applying on behalf of a company

Submit your ‘statement of inventorship’ online when you apply for a patent, or do it later by filing documents for a pending UK patent.

Alternatively, download the ‘statement of inventorship’ form and send it with your application.

Apply for a patent

If you work with a patent attorney or advisor, they’ll help you through the application process.

You can apply either:

online

by post

You can request and pay for your search and examination at this point or later in the process.

Fees

Stage | Apply online | Apply by post

Application (if you pay when you apply) | £60 | £90

Application (if you pay later) | £75 | £112.50

Search | £150 (plus £20 for each claim over 25 claims) | £180 (plus £20 for each claim over 25 claims)

If you get a patent, you’ll also have to pay to renew it to keep it in force.

Get your patent granted more quickly

You can get your application processed more quickly if you file your search and examination requests at the same time as you apply.

This costs the same as applying separately and means they’ll be processed at the same time.

You may also be able to get a ‘fast grant’ if, for example:

your invention has some sort of environmental benefit (green channel)

you’ve already submitted a patent application for your invention at another patent office (Patent Prosecution Highway)

Read the patents fast grant guidance.

Request your search and examination

As part of the application process, you must pay for a patent search and a ‘substantive examination’.

You can request the search either when you apply or later in the process.

You must request your search within 12 months of your filing or priority date.

You must request your examination within 6 months of publication.

Patent search

The Intellectual Property Office (IPO) carries out a search to check whether your invention is new and inventive.

You have to request and pay for your search within 12 months of your filing date or priority date.

You’ll be sent the results and told if any part of your application is not right.

Read the search report factsheet.

Search reports can take up to 6 months.

Publication

Your application will be published 18 months from your filing or priority date, provided it’s complete and passes the search.

The open part of your application, which includes your address, will be publicly available in the:

online patents journal on the IPO website

IPO records

‘Substantive examination’

The examination will show if your application meets the legal requirements. You’ll be told what you need to do if it does not.

You must request an examination of your patent application within 6 months of publication.

Examinations can take place several years after you file your application.

How to apply

You can apply online or by post for both the search and examination.

Apply online

You can request your search and examination either:

with your initial application

later in the process

You must request your search within 12 months of your filing or priority date and examination within 6 months of publication.

Apply by post

Download the forms:

search request form

examination request form

Fill in and post the forms. The address is on the forms.

After you apply

If you work with a patent attorney or advisor, they’ll help you through the application process.

You’ll be sent a receipt with your application number and filing date (the date your application is received).

You’ll be told what to do next and when.

If you use a web address, make sure the patent number and the product it relates to are clearly displayed on your website.

If your patent is granted:

your application will be published in its final form

you’ll be sent a certificate

You’ll be responsible for renewing and defending your patent.

File more documents once your patent is pending

You must send your claims, abstract, application fee and search fee within 12 months of your filing date.

If your application includes a ‘priority date’ from an earlier application

You must send your claims, abstract, application fee and search fee within whichever of the following is later:

12 months of the date when you filed your previous application (the priority date)

2 months of your current filing date

Withdraw your application

You can withdraw your application for any reason, for example to stop it becoming public.

To stop your invention entering the public domain you must withdraw your application before it’s published.

You can ask for a withdrawal up to the day before the deadline given in your search report.

Withdraw by email

Email withdraw@ipo.gov.uk with your patent application number in the subject line.

Clearly state that you want to withdraw in the body of the email.

State why you have the authority to withdraw the application, for example that you’re the applicant or their agent.

Withdraw by post

You can also withdraw by post - mark your request as urgent if there’s less than 3 weeks until publication.

Make a new application with a priority date

You can use the filing date of your earlier application (known as the priority date) if your new application is made within 12 months.

Terminated applications

Your application will be terminated if you do not submit the right documents, forms and payment when asked to.

You may be able to reopen your application if you apply within 12 months of termination.

You need to be able to show:

why you failed to meet the requirements

that the failure was not intentional

when you became able to meet the requirements

It costs £150 to apply - this is not refundable.

Reopen your application

Download the reinstatement request form.

Send the form, your fee and any supporting evidence to IPO.

If your request is granted, you must meet the requirements within 2 months.

You can ask for an ex parte hearing if you’re turned down, where you can put your case to a senior official.

International patents

A patent only protects your invention in the country where the patent is registered.

For protection overseas, you can:

file a single application under the Patent Cooperation Treaty (PCT) for protection in more than 140 countries

file a single application with the European Patent Office (EPO) for protection in more than 30 countries in Europe

apply separately to the patent office of each country where you want a patent

Read the guidance on filing a patent abroad for basic information on filing for international protection.

attending an intellectual property (IP) clinic

Patenting your invention

What you can patent

To be granted a patent, your invention must be all of the following:

something that can be made or used

new

inventive - not just a simple modification to something that already exists

Patents are expensive and difficult to get. Before you apply, check if a patent is right for your business.

What you cannot patent

You cannot patent certain types of invention, including:

literary, dramatic, musical or artistic works

a way of doing business, playing a game or thinking

a method of medical treatment or diagnosis

a discovery, scientific theory or mathematical method

the way information is presented

some computer programs or mobile apps

‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties

Before you apply

Patents are the most difficult form of protection to get. Check if a patent is right for your business before you apply for one.

You should only apply for a patent if:

your invention is new - check for similar ones by searching published patents, the internet and trade publications

you have the time and money for the application process

The application process is:

complicated - only 1 in 20 applicants get a patent without professional help

expensive - with professional help, applications typically cost £4,000

long - it usually takes 5 years

If you get a patent, you’ll also have to pay to renew it each year and the costs of legal action if you need to defend it.

Other ways to protect your intellectual property

Other types of protection might be more appropriate for your business. For example, you can use:

trade marks - if you can create a brand and be first to market

design rights - if how your product looks (rather than how it works) is important and innovative

Getting help

You can get a professional to help you decide whether a patent is right for your business.

You may be able to get free advice by:

speaking to a patent attorney or other professional advisor - many offer basic advice for free

attending an intellectual property (IP) clinic

going to the British Library Business and IP Centre in London

This advice will be confidential.

If you decide to apply

When you’ve checked that a patent is right for your business, you should find a patent attorney or advisor. They will:

help you prepare your application correctly - you cannot add in additional information later

give you the best chance of being granted a patent

try to make your patent as commercially valuable as possible

Applying for a patent

Search for similar patents to make sure your invention is new.

Prepare your patent application.

File your patent application and request a search from IPO.

Receive your search report (usually within 6 months) and decide whether you want to continue with your application.

Your application will be published 18 months after you file it.

Ask for a ‘substantive examination’ within 6 months of publication.

Respond to comments from IPO’s ‘substantive examination’. The examination may take place several years after you file your application.

Your application will be granted or refused.

You can commercially benefit from your patent once it has been granted, for example license, sell or mortgage your patent.

Do not make your invention public before you apply. You may not be able to patent it if you do.

Other ways to get a UK patent

You can also file a UK patent application through the:

European Patent Office (EPO)

World Intellectual Property Organization (WIPO)

Prepare your application

If you work with a patent attorney or advisor, they’ll help you through the application process.

A patent application is made up of 4 parts that need to meet specific criteria.

You must include:

a description of your invention that allows others to see how it works and how it could be made

legal statements that set out the technical features of your invention that are to be protected (known as ‘claims’)

a summary of all the important technical aspects of your invention (known as the ‘abstract’)

You should also include any drawings you need to illustrate your description.

The fees are higher if your description has more than 35 pages or you include more than 25 claims.

Read the patent application fact sheets for instructions on how to produce each part of your application.

You have to submit your description and any drawings with your application form.

You can file your claims and abstract once your patent is pending, but it’s best if you submit all the parts together.

Academic papers

You can send academic papers as part of your patent application, to help describe your invention.

You still need to send a description, drawings and claims.

‘Statement of inventorship’

You need to complete a statement of inventorship if:

you’re not the inventor

there’s more than one inventor and they’re not listed as applicants

you’re applying on behalf of a company

Submit your ‘statement of inventorship’ online when you apply for a patent, or do it later by filing documents for a pending UK patent.

Alternatively, download the ‘statement of inventorship’ form and send it with your application.

Apply for a patent

If you work with a patent attorney or advisor, they’ll help you through the application process.

You can apply either:

online

by post

You can request and pay for your search and examination at this point or later in the process.

Fees

Stage | Apply online | Apply by post

Application (if you pay when you apply) | £60 | £90

Application (if you pay later) | £75 | £112.50

Search | £150 (plus £20 for each claim over 25 claims) | £180 (plus £20 for each claim over 25 claims)

If you get a patent, you’ll also have to pay to renew it to keep it in force.

Get your patent granted more quickly

You can get your application processed more quickly if you file your search and examination requests at the same time as you apply.

This costs the same as applying separately and means they’ll be processed at the same time.

You may also be able to get a ‘fast grant’ if, for example:

your invention has some sort of environmental benefit (green channel)

you’ve already submitted a patent application for your invention at another patent office (Patent Prosecution Highway)

Read the patents fast grant guidance.

Request your search and examination

As part of the application process, you must pay for a patent search and a ‘substantive examination’.

You can request the search either when you apply or later in the process.

You must request your search within 12 months of your filing or priority date.

You must request your examination within 6 months of publication.

Patent search

The Intellectual Property Office (IPO) carries out a search to check whether your invention is new and inventive.

You have to request and pay for your search within 12 months of your filing date or priority date.

You’ll be sent the results and told if any part of your application is not right.

Read the search report factsheet.

Search reports can take up to 6 months.

Publication

Your application will be published 18 months from your filing or priority date, provided it’s complete and passes the search.

The open part of your application, which includes your address, will be publicly available in the:

online patents journal on the IPO website

IPO records

‘Substantive examination’

The examination will show if your application meets the legal requirements. You’ll be told what you need to do if it does not.

You must request an examination of your patent application within 6 months of publication.

Examinations can take place several years after you file your application.

How to apply

You can apply online or by post for both the search and examination.

Apply online

You can request your search and examination either:

with your initial application

later in the process

You must request your search within 12 months of your filing or priority date and examination within 6 months of publication.

Apply by post

Download the forms:

search request form

examination request form

Fill in and post the forms. The address is on the forms.

After you apply

If you work with a patent attorney or advisor, they’ll help you through the application process.

You’ll be sent a receipt with your application number and filing date (the date your application is received).

You’ll be told what to do next and when.

If you use a web address, make sure the patent number and the product it relates to are clearly displayed on your website.

If your patent is granted:

your application will be published in its final form

you’ll be sent a certificate

You’ll be responsible for renewing and defending your patent.

File more documents once your patent is pending

You must send your claims, abstract, application fee and search fee within 12 months of your filing date.

If your application includes a ‘priority date’ from an earlier application

You must send your claims, abstract, application fee and search fee within whichever of the following is later:

12 months of the date when you filed your previous application (the priority date)

2 months of your current filing date

Withdraw your application

You can withdraw your application for any reason, for example to stop it becoming public.

To stop your invention entering the public domain you must withdraw your application before it’s published.

You can ask for a withdrawal up to the day before the deadline given in your search report.

Withdraw by email

Email withdraw@ipo.gov.uk with your patent application number in the subject line.

Clearly state that you want to withdraw in the body of the email.

State why you have the authority to withdraw the application, for example that you’re the applicant or their agent.

Withdraw by post

You can also withdraw by post - mark your request as urgent if there’s less than 3 weeks until publication.

Make a new application with a priority date

You can use the filing date of your earlier application (known as the priority date) if your new application is made within 12 months.

Terminated applications

Your application will be terminated if you do not submit the right documents, forms and payment when asked to.

You may be able to reopen your application if you apply within 12 months of termination.

You need to be able to show:

why you failed to meet the requirements

that the failure was not intentional

when you became able to meet the requirements

It costs £150 to apply - this is not refundable.

Reopen your application

Download the reinstatement request form.

Send the form, your fee and any supporting evidence to IPO.

If your request is granted, you must meet the requirements within 2 months.

You can ask for an ex parte hearing if you’re turned down, where you can put your case to a senior official.

International patents

A patent only protects your invention in the country where the patent is registered.

For protection overseas, you can:

file a single application under the Patent Cooperation Treaty (PCT) for protection in more than 140 countries

file a single application with the European Patent Office (EPO) for protection in more than 30 countries in Europe

apply separately to the patent office of each country where you want a patent

Read the guidance on filing a patent abroad for basic information on filing for international protection.

going to the British Library Business and IP Centre in London

Patenting your invention

What you can patent

To be granted a patent, your invention must be all of the following:

something that can be made or used

new

inventive - not just a simple modification to something that already exists

Patents are expensive and difficult to get. Before you apply, check if a patent is right for your business.

What you cannot patent

You cannot patent certain types of invention, including:

literary, dramatic, musical or artistic works

a way of doing business, playing a game or thinking

a method of medical treatment or diagnosis

a discovery, scientific theory or mathematical method

the way information is presented

some computer programs or mobile apps

‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties

Before you apply

Patents are the most difficult form of protection to get. Check if a patent is right for your business before you apply for one.

You should only apply for a patent if:

your invention is new - check for similar ones by searching published patents, the internet and trade publications

you have the time and money for the application process

The application process is:

complicated - only 1 in 20 applicants get a patent without professional help

expensive - with professional help, applications typically cost £4,000

long - it usually takes 5 years

If you get a patent, you’ll also have to pay to renew it each year and the costs of legal action if you need to defend it.

Other ways to protect your intellectual property

Other types of protection might be more appropriate for your business. For example, you can use:

trade marks - if you can create a brand and be first to market

design rights - if how your product looks (rather than how it works) is important and innovative

Getting help

You can get a professional to help you decide whether a patent is right for your business.

You may be able to get free advice by:

speaking to a patent attorney or other professional advisor - many offer basic advice for free

attending an intellectual property (IP) clinic

going to the British Library Business and IP Centre in London

This advice will be confidential.

If you decide to apply

When you’ve checked that a patent is right for your business, you should find a patent attorney or advisor. They will:

help you prepare your application correctly - you cannot add in additional information later

give you the best chance of being granted a patent

try to make your patent as commercially valuable as possible

Applying for a patent

Search for similar patents to make sure your invention is new.

Prepare your patent application.

File your patent application and request a search from IPO.

Receive your search report (usually within 6 months) and decide whether you want to continue with your application.

Your application will be published 18 months after you file it.

Ask for a ‘substantive examination’ within 6 months of publication.

Respond to comments from IPO’s ‘substantive examination’. The examination may take place several years after you file your application.

Your application will be granted or refused.

You can commercially benefit from your patent once it has been granted, for example license, sell or mortgage your patent.

Do not make your invention public before you apply. You may not be able to patent it if you do.

Other ways to get a UK patent

You can also file a UK patent application through the:

European Patent Office (EPO)

World Intellectual Property Organization (WIPO)

Prepare your application

If you work with a patent attorney or advisor, they’ll help you through the application process.

A patent application is made up of 4 parts that need to meet specific criteria.

You must include:

a description of your invention that allows others to see how it works and how it could be made

legal statements that set out the technical features of your invention that are to be protected (known as ‘claims’)

a summary of all the important technical aspects of your invention (known as the ‘abstract’)

You should also include any drawings you need to illustrate your description.

The fees are higher if your description has more than 35 pages or you include more than 25 claims.

Read the patent application fact sheets for instructions on how to produce each part of your application.

You have to submit your description and any drawings with your application form.

You can file your claims and abstract once your patent is pending, but it’s best if you submit all the parts together.

Academic papers

You can send academic papers as part of your patent application, to help describe your invention.

You still need to send a description, drawings and claims.

‘Statement of inventorship’

You need to complete a statement of inventorship if:

you’re not the inventor

there’s more than one inventor and they’re not listed as applicants

you’re applying on behalf of a company

Submit your ‘statement of inventorship’ online when you apply for a patent, or do it later by filing documents for a pending UK patent.

Alternatively, download the ‘statement of inventorship’ form and send it with your application.

Apply for a patent

If you work with a patent attorney or advisor, they’ll help you through the application process.

You can apply either:

online

by post

You can request and pay for your search and examination at this point or later in the process.

Fees

Stage | Apply online | Apply by post

Application (if you pay when you apply) | £60 | £90

Application (if you pay later) | £75 | £112.50

Search | £150 (plus £20 for each claim over 25 claims) | £180 (plus £20 for each claim over 25 claims)

If you get a patent, you’ll also have to pay to renew it to keep it in force.

Get your patent granted more quickly

You can get your application processed more quickly if you file your search and examination requests at the same time as you apply.

This costs the same as applying separately and means they’ll be processed at the same time.

You may also be able to get a ‘fast grant’ if, for example:

your invention has some sort of environmental benefit (green channel)

you’ve already submitted a patent application for your invention at another patent office (Patent Prosecution Highway)

Read the patents fast grant guidance.

Request your search and examination

As part of the application process, you must pay for a patent search and a ‘substantive examination’.

You can request the search either when you apply or later in the process.

You must request your search within 12 months of your filing or priority date.

You must request your examination within 6 months of publication.

Patent search

The Intellectual Property Office (IPO) carries out a search to check whether your invention is new and inventive.

You have to request and pay for your search within 12 months of your filing date or priority date.

You’ll be sent the results and told if any part of your application is not right.

Read the search report factsheet.

Search reports can take up to 6 months.

Publication

Your application will be published 18 months from your filing or priority date, provided it’s complete and passes the search.

The open part of your application, which includes your address, will be publicly available in the:

online patents journal on the IPO website

IPO records

‘Substantive examination’

The examination will show if your application meets the legal requirements. You’ll be told what you need to do if it does not.

You must request an examination of your patent application within 6 months of publication.

Examinations can take place several years after you file your application.

How to apply

You can apply online or by post for both the search and examination.

Apply online

You can request your search and examination either:

with your initial application

later in the process

You must request your search within 12 months of your filing or priority date and examination within 6 months of publication.

Apply by post

Download the forms:

search request form

examination request form

Fill in and post the forms. The address is on the forms.

After you apply

If you work with a patent attorney or advisor, they’ll help you through the application process.

You’ll be sent a receipt with your application number and filing date (the date your application is received).

You’ll be told what to do next and when.

If you use a web address, make sure the patent number and the product it relates to are clearly displayed on your website.

If your patent is granted:

your application will be published in its final form

you’ll be sent a certificate

You’ll be responsible for renewing and defending your patent.

File more documents once your patent is pending

You must send your claims, abstract, application fee and search fee within 12 months of your filing date.

If your application includes a ‘priority date’ from an earlier application

You must send your claims, abstract, application fee and search fee within whichever of the following is later:

12 months of the date when you filed your previous application (the priority date)

2 months of your current filing date

Withdraw your application

You can withdraw your application for any reason, for example to stop it becoming public.

To stop your invention entering the public domain you must withdraw your application before it’s published.

You can ask for a withdrawal up to the day before the deadline given in your search report.

Withdraw by email

Email withdraw@ipo.gov.uk with your patent application number in the subject line.

Clearly state that you want to withdraw in the body of the email.

State why you have the authority to withdraw the application, for example that you’re the applicant or their agent.

Withdraw by post

You can also withdraw by post - mark your request as urgent if there’s less than 3 weeks until publication.

Make a new application with a priority date

You can use the filing date of your earlier application (known as the priority date) if your new application is made within 12 months.

Terminated applications

Your application will be terminated if you do not submit the right documents, forms and payment when asked to.

You may be able to reopen your application if you apply within 12 months of termination.

You need to be able to show:

why you failed to meet the requirements

that the failure was not intentional

when you became able to meet the requirements

It costs £150 to apply - this is not refundable.

Reopen your application

Download the reinstatement request form.

Send the form, your fee and any supporting evidence to IPO.

If your request is granted, you must meet the requirements within 2 months.

You can ask for an ex parte hearing if you’re turned down, where you can put your case to a senior official.

International patents

A patent only protects your invention in the country where the patent is registered.

For protection overseas, you can:

file a single application under the Patent Cooperation Treaty (PCT) for protection in more than 140 countries

file a single application with the European Patent Office (EPO) for protection in more than 30 countries in Europe

apply separately to the patent office of each country where you want a patent

Read the guidance on filing a patent abroad for basic information on filing for international protection.