In order to be patentable, your invention must meet certain criteria. It must:
• be new
• have an inventive step that is not obvious to someone with knowledge and experience in the subject
• be capable of being made or used in some kind of industry
• not be specifically excluded
The test for novelty is exacting. No example of the inventive concept at the heart of the invention may have been made available to the public anywhere in the world before the date on which the patent application is made. Any form of disclosure, which was not in confidence, would make the invention available whether by written or oral description or by use or in any other way if it enabled someone to reproduce your invention.
The inventive concept must also involve an inventive step. This means that it must not be merely obvious in relation to what is already known, again, anywhere in the world.
And it must be practical in the sense that it must be capable of being applied industrially, which can include artisan scale use. This rules out any “perpetual motion machines” or other devices that defy the laws of physics.
Certain types of innovation are specifically not-patentable. Legislation excludes certain types of development from gaining patent protection, and although there are broad principles that apply across the world, the exact details do vary from country to country. We have also considered developments that are not patentable in a separate FAQ.
Ultimately, UKIPO or the EPO will decide whether your invention is patentable in the UK or Europe, but a UK Patent Attorney will be able to advise you on how patentable your invention is and how to make it more patentable, and will then be able to persuade the Patent Office of the merit of your claims.