How to Patent an Invention: 10 Essential Steps in the UK Patent Process
Introduction
Patenting your invention is more than a legal formality – it’s a strategic move to secure exclusivity, attract investment, and build long-term value.
Whether you’re launching a biotech breakthrough or scaling cleantech innovation, understanding how the patent process works is critical. One misstep – like disclosing your idea too early – can put your competitive advantage at risk.
At Stratagem, we work closely with founders, R&D teams, and IP managers across high-growth sectors. This UK patent filing guide shows you exactly what you need to know.
This patent process guide walks you through the 10 essential stages in the UK and international patent process, with practical examples, clear tips, and expert insight at each step.
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Why Patent an Invention?
A patent is much more than a legal safeguard — it’s a strategic asset that supports business growth. Securing protection for your invention helps prevent competitors from copying your work, strengthens your market position, and signals credibility to investors, partners, and customers alike.
Beyond protection, patents unlock commercial opportunities. They make it easier to license your technology, attract funding, and negotiate from a position of strength. In sectors like pharmaceuticals, engineering, and electronics, patent protection is often a prerequisite for regulatory approval, grant funding, or exclusive supply deals.
Put simply, a well-timed, well-structured patent can turn innovation into advantage — giving you the confidence to move forward, the leverage to scale, and the foundation to grow.
What Is the Patent Process?
The patent process gives you exclusive legal rights to your invention — stopping others from making, using, or selling it without your permission. But more than that, it’s a structured pathway for turning your innovation into a valuable business asset.
From deciding when and how to file through drafting, search and examination, PCT filing, prosecution, grant, and maintenance, each stage of the patent process builds toward a stronger commercial position.
The process typically includes:
- Deciding when and how to file
- Drafting a strong priority application
- Managing search and examination
- Filing internationally via the Patent Cooperation Treaty (PCT)
- Defending your application through prosecution
- Securing grant and maintaining protection over time
Step 1: When Should You File a Patent?
The timing of your patent application is one of the most strategic decisions you’ll make. Filing too early can lead to an application that lacks technical depth or commercial clarity. Without sufficient data or a well-developed product concept, your claims might be too narrow, poorly substantiated, or miss key aspects of the invention altogether. This can limit the scope of protection, create vulnerabilities during examination, and ultimately reduce the long-term value of the patent.
However, delaying the filing for too long brings equally serious risks. Any form of public disclosure – even a pitch to investors, a presentation at a conference, or a casual mention on a company blog – can jeopardise your ability to obtain valid protection. Investors, funding bodies, and commercial partners often expect to see that at least a provisional or priority application has been filed before they engage seriously. Missing this window could result in lost investment, missed opportunities, or, in some cases, another party filing a similar patent ahead of you.
To find the right moment, it’s important to look at your broader business strategy. The best time to file is usually just before you begin publicly promoting, testing, or discussing your invention – but after you’ve gathered enough evidence, insight, and confidence to define what really needs protecting. This might coincide with completing a prototype, preparing to raise funding, entering early licensing discussions, or applying for innovation grants. Filing at this point ensures you’re not only protecting what you’ve built, but also creating a foundation for how that protection will support growth, valuation, and future product development.
In some situations, an early-stage filing can be used as a tactical move to lock in a priority date while giving you time to prepare a more comprehensive application down the line. What matters most is aligning your intellectual property timeline with your commercial roadmap. At Stratagem, we work with clients to understand their immediate pressures, near-term goals, and long-term ambitions – helping them file at the right time, with the right focus, and for the right reasons.
Step 2: Drafting Your Priority Patent Application
A priority patent application is the first official filing that establishes your claim to an invention. It sets your all-important priority date – the point from which your rights are measured – and forms the basis for any future national or international patent filings.
Getting this right is essential. The application must describe how your invention works, what makes it novel, and why it matters – not just from a technical standpoint, but from a commercial one too. This is your opportunity to define the invention in a way that secures broad, defensible protection while supporting long-term strategy.
A well-drafted priority application aligns your technical insight with legal structure. It ensures your claims are precise, your explanation is clear, and your filing reflects both the current invention and its future potential. This isn’t just legal formality – it’s about creating an asset that speaks to investors, deters competitors, and supports growth.
When applications fall short, it’s often because they’re rushed, too narrow, or poorly structured. Redrafting with the right support can turn a weak submission into a robust platform for commercial success – and we’ve helped many clients do exactly that.
Step 3: Filing the Priority Application
Filing your priority application is the moment your intellectual property rights begin. It establishes the official date from which your invention is protected and gives you a twelve-month window to pursue further national or international filings. This date – your priority date – is critical. Any public disclosure made before this point could invalidate your ability to obtain a patent altogether.
To be effective, the application must be filed before you share details of the invention outside a confidential setting. That includes investor meetings, pitch competitions, funding applications, LinkedIn posts, product demos, and even recruitment materials that reference the concept. Many founders unintentionally jeopardise their IP rights by sharing too soon, not realising that even informal exposure can count as public disclosure under patent law.
Filing before you go public ensures that your invention is protected from that moment forward – and gives you the freedom to promote, pitch, and present with confidence. If you’re unsure what might qualify as disclosure, it’s always better to check first. One quick conversation can often be the difference between safeguarded rights and irreversible exposure.
Step 4: Search and Examination
After filing your application, the next key stages are the search and examination. A patent search is conducted to identify prior art – any publicly available information that may affect the novelty of your invention. This could include earlier patents, published papers, or existing products that are similar in concept or function. The search provides an early indication of how original your invention really is in the eyes of the patent office.
Following the search, the examination process begins. Here, a patent examiner reviews your application in detail to determine whether it meets the core legal requirements – including novelty, inventive step, and industrial applicability. This isn’t just a technical box-ticking exercise. It’s a rigorous test of how well your claims hold up against known technologies and whether your application has been drafted with enough clarity and precision to warrant protection.
While these steps can feel like a challenge, they are also a powerful opportunity. The feedback you receive can be used to refine your claims, adjust your language, and strengthen the scope of your protection. Responding strategically not only increases your chances of securing a granted patent but also lays the groundwork for more robust enforcement later on. With the right guidance, this phase becomes less about defence – and more about shaping a stronger, more valuable asset.
Step 5: Filing Internationally (PCT Application)
If you intend to secure patent protection beyond the UK, the Patent Cooperation Treaty – or PCT – provides a streamlined way to begin that process. A PCT application must be filed within 12 months of your original priority date and allows you to signal your interest in protecting your invention across more than 150 countries, all through a single filing.
This international phase doesn’t grant patents itself, but it plays a crucial role in your global IP strategy. It buys you time – typically up to 30 months from your initial filing – to decide which jurisdictions are commercially important, assess potential markets, and refine your application in light of formal feedback from international examiners. It’s a valuable window in which to balance legal priorities with business realities.
Many businesses use this phase to assess where their technology is likely to gain traction, where manufacturing might occur, or where competition poses a risk. Some broaden their protection across multiple regions; others narrow their focus to a few strategic territories that align with their growth plans. Either way, the PCT route ensures you don’t have to make those decisions too early, while still securing a critical early stake in global protection.
Used wisely, this stage of the process doesn’t just delay costs – it helps ensure that every pound you invest in international protection is targeted, defensible, and aligned with your commercial future.
Need clarity on your international filing strategy? Speak with our PCT experts today.
Step 6: Publication of Your Patent Application
Eighteen months after your priority date, your patent application is published by the relevant patent office. From this point on, your invention becomes visible to the public – including competitors, investors, and industry observers. It marks a shift from confidential protection to open disclosure, and with it comes both opportunity and exposure.
Publication does not mean the patent has been granted, but it does serve as a public record of your claim. It signals that your business is innovating, that your invention is protected from an early date, and that you’re serious about controlling how that innovation is used. For many businesses, this moment can be used to generate commercial momentum. Investors may view publication as a sign of progress. Partners may be more inclined to engage. The simple fact of visibility can open doors to licensing discussions, joint ventures, or early interest from acquirers.
That said, it’s also when competitors gain access to your technical disclosures. They may analyse your application to assess their own risk, look for workarounds, or monitor your progress. For this reason, the timing and content of your publication should be managed carefully.
At Stratagem, we help clients coordinate this milestone with other activities – such as product announcements, funding rounds, or strategic outreach – so the moment your invention becomes public also becomes a point of strength in your commercial narrative.
Step 7: Entering National or Regional Phases
After the international phase, the next step is to move from intention to action. Around 30 months after your priority date, you’ll need to decide exactly where you want to pursue full patent protection. This stage – known as entering the national or regional phase – involves converting your PCT application into individual filings in the countries or regions most relevant to your business.
This decision is highly strategic. It’s not just about where you could file, but where protection will deliver real commercial value. You might prioritise regions where you plan to launch or sell your product, where your key competitors are active, or where enforcement is straightforward and cost-effective. For some businesses, manufacturing locations or licensing opportunities drive the choice. For others, it’s about aligning with investor interests or securing a foothold in emerging markets.
Each country has its own process, timeline, and legal requirements – including translations, fees, and validation rules. Navigating this complexity requires a careful balance between budget, risk, and long-term goals. Filing too broadly can lead to high ongoing costs, while filing too narrowly can leave valuable opportunities unprotected.
At this point in the journey, we work closely with clients to map commercial priorities against legal options. The goal is always to build a tailored protection strategy that maximises value while managing complexity – so you end up with the right protection, in the right places, for the right reasons.
Step 8: Patent Prosecution
Once your application enters the national or regional phase, it is examined by patent offices in each selected jurisdiction. During this process, examiners may raise objections or request clarifications – often in relation to the clarity, novelty, or scope of your claims. This stage, known as patent prosecution, is an essential part of securing strong and enforceable rights.
Although it can feel like a hurdle, prosecution is best viewed as a valuable opportunity. It’s a dialogue – a chance to refine your application, reinforce your inventive position, and ensure that what’s granted offers meaningful protection in real-world scenarios. Addressing examiner concerns effectively often requires more than technical explanation. It calls for a clear legal strategy, careful use of language, and a deep understanding of both your invention and its broader commercial context.
Poorly managed prosecution can lead to delays, rejections, or overly narrow claims that don’t reflect the full scope of your innovation. By contrast, thoughtful amendments and persuasive argumentation can lead to a more robust patent that stands up to scrutiny and better supports licensing, enforcement, or future funding.
At Stratagem, we guide clients through each stage of the process – shaping responses that defend core claims, preserve commercial flexibility, and keep long-term strategic value at the forefront. For many, this stage has been the turning point between a rejected application and a granted, commercially powerful patent.
Step 9: Patent Granted
When your patent is granted, it becomes a formal, enforceable right – a recognised legal asset that protects your invention and supports your commercial strategy. But a granted patent is more than just confirmation from the patent office. It’s a milestone that unlocks new possibilities.
At this stage, you may need to validate your patent in individual countries or regions, depending on your filing route. This process ensures that your rights are recognised under national law and ready to be enforced if necessary. It’s also the point at which your patent starts to deliver visible business value.
For many of our clients, a granted patent plays a pivotal role in investor presentations, licensing discussions, and applications for public funding. It provides evidence that your innovation is original, that you’ve taken steps to protect it, and that your business is serious about its intellectual property. It can strengthen your position in negotiations, add weight to your valuation, and even support your entry into new markets.
In some cases, a granted patent has opened doors to strategic partnerships that would not have been possible otherwise. In others, it has enabled a licensing deal or driven the next phase of product development. Whatever your goals, securing a granted patent marks the beginning of a new chapter – one where your intellectual property becomes a driver of credibility, leverage, and growth.
Step 10: Ongoing Maintenance and Portfolio Strategy
Securing a granted patent is a significant achievement, but it’s not the end of the journey – it’s the start of an active, long-term commitment. Patent rights need to be maintained through regular renewal fees, which increase over time and vary between jurisdictions. More importantly, your IP portfolio needs ongoing strategic review to ensure it continues to serve the commercial objectives of your business.
As your products evolve, markets shift, and new inventions emerge, it’s important to regularly assess whether each patent in your portfolio is still aligned with your goals. Some patents may no longer support your core offering or may be superseded by improved technologies. Others may become more valuable as your business enters new markets or engages in licensing activity.
A well-managed IP portfolio isn’t just a collection of assets – it’s a reflection of your commercial direction. It should support your R&D roadmap, reinforce your competitive position, and signal your ambition to investors, partners, and acquirers.
We work with clients to conduct regular reviews of their patent holdings, helping them decide what to maintain, where to consolidate, and how best to structure new filings. In sectors like biotech, where research and funding timelines are tightly linked, this kind of oversight is essential. Done well, portfolio management turns your IP into a tool for strategic focus – ensuring that what you protect continues to drive value, not just cost.
Conclusion: From Protection to Commercial Impact
Securing a patent is not just about ticking legal boxes – it’s about building an asset that strengthens your position in the market. When approached strategically, the UK patent process becomes a powerful enabler of growth, investment, and competitive advantage. From early-stage decisions to long-term portfolio planning, every step offers the chance to align legal protection with business ambition.
Whether you’re protecting a single breakthrough or laying the groundwork for a broader innovation pipeline, a clear, well-managed patent strategy helps you move forward with purpose – reducing risk, increasing credibility, and unlocking new opportunities at every stage.
Take the Next Step With Confidence
Ready to protect your invention – and turn it into a commercial asset?
Book a free 30-minute consultation with one of Stratagem’s patent attorneys. We’ll help you understand your options, avoid common pitfalls, and plan the right next step for your business.
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