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