Requirements for patent protection
You need to think carefully about the following before applying for a patent for your product or process:
- Is your invention functional or technical?
Your invention must relate to how something works, what it does, what it is made of, or how it is made. - Is your invention new?
You must not have made your invention public in any way, anywhere in the world, before you apply for a patent for it. Conversations with patent agents, solicitors or our staff are confidential, so will not make your invention public. - Is there an inventive step?
Your invention must not be obvious to someone with a good knowledge of the subject. - Does your invention have an industrial use?
Your invention must be capable of being made or used in an industry. It must work in a way which meets established physical laws, for example, you cannot get a patent for a perpetual-motion machine.
If the answer to all of these questions is yes, we may grant a patent.
You cannot get a patent for:
- a scientific or mathematical discovery, theory or method
- a literary, dramatic, musical or artistic work
- a way of performing a mental act, playing a game or doing business
- the presentation of information, or some computer programs
- an animal or plant variety
- a method of medical treatment or diagnosis
- anything immoral or contrary to public policy