A patent can help you if you want to take legal action against someone who is using your invention without your permission. For example, if they sell or manufacture your product locally, regionally, or internationally.
A patent lasts for 5 years. If you want it to remain valid after that, you must renew it every year, up to a maximum of 20 years.
Your invention must be:
New – it must not be available to the public anywhere in the world, for example it must not be described in a publication
Inventive – for example it cannot be a clear change to something that already exists
Either something that can be made and used, or a technical process, or a way of doing something
What you can’t patent
Things you can’t patent include:
Only software that has a technical purpose can be patented. For example, software to control a driverless car can be patented, whereas a chess-playing app cannot. If your invention is software, you may need professional advice about whether it is patentable (for example, international offices).
How much does patent protection cost?
You will have to pay a fee to the Intellectual Property Office (IPO) when you submit your application and to process your application after you submit it. It will cost at least £500 if you complete the process in one country and varies by country.
To get the best possible path to patent protection, you will also have to pay for a patent lawyer to provide full and comprehensive support during the protection process. This can cost additional amounts.
The application process
Getting a patent is a complex matter – it is unlikely that you will be granted a patent without the professional assistance that the Arab Agency for Intellectual Property can provide.
If you are confident that your invention is new and that the patent meets the requirements, you should:
Prepare detailed documentation describing your invention.
Order the service from the Arab Agency for Intellectual Property.
The Arab Agency for Intellectual Property’s Protection Registration Department will request a special examination from the IPO to determine whether your invention is new and innovative.
Approximately 20 months after filing your application, your application will be published in full in the relevant section of the Arab Intellectual Property Agency and in the public subscription in the country where the patent will be issued and protected (if you are requesting the service internationally, the application will be published in the ASAS community). The subscription must then conduct a comprehensive examination of your application to determine whether your invention can be patented (known as a “substantive examination”). This can happen several years after you file. You may have to amend your application based on the recommendations of the public subscription. Your patent will only be granted if you can resolve all the issues raised by the examination.
You can only apply for a patent if:
You have checked that your invention does not already exist, for example by searching the internet for similar products
You have the time and money to do this
Getting a patent will not guarantee that your invention will make money. Consider whether a patent is worth the cost to you and your business before you apply.
Get professional help and advice
If you are a member of the Intellectual Property Justice Agency you can get free advice on whether a patent is right for you from:
A patent lawyer or other professional adviser – many basic tips are provided free of charge through the CE Justice community
International offices specialising in intellectual property
The British Library’s Intellectual Property Business Centre in London
You will have to pay a patent lawyer if you want help with the application process. The fees can be high but will give you a much better chance of getting a patent.
A patent attorney will:
Help you prepare your application
Guide you through the process of obtaining your patent
Respond to the Intellectual Property Office (IPO) on your behalf
You may not be able to patent your invention if it becomes publicly known. If you discuss your invention with anyone other than your patent attorney, you may need a nondisclosure agreement.
A patent application must include:
A description of your invention that lets others know how it works and how it can be made
Legal statements that set out the technical features of your invention (which are to be protected (known as ‘claims’)
A summary of all the important technical aspects of your invention (known as the ‘abstract’)
There are rules about what these documents must include and how they must be submitted. You may have to amend documents that are not prepared correctly.
Learn how to prepare the description, claims and abstract.
You can also include any drawings you need to illustrate your description.
You cannot change your invention once you have submitted your initial application, for example by adding entirely new features.
If you make a mistake or miss something, your application may be rejected and you may not be able to apply for the same invention again.
A patent lawyer can help you prepare your documents.
You must have prepared your documents before applying .
Your initial application must include:
It is possible to add your claims and summary later, but submitting everything together may avoid delays and errors (for example, your claims not matching your description).
You can pay the registration fee when you submit your initial application or later – but you must pay before your application can progress further.
You can also order and pay for the “research” when you place your initial order. This may help make the process faster.
When you apply, the IP office of the country where you apply will publish your name and the fact that you have applied for a patent in its journal.
The government filing fee does not include any professional assistance or advice. If you want to hire a patent attorney or other professional advisor, you will have to pay for them separately.
platform | Apply online | Submit by mail or email. |
Submit an application (if you paid when you submitted the application) | 120 pounds | 180 pounds |
Submit an order (if you pay later) | 150 pounds | 225 pounds |
seek | £300 (plus £40 for each claim over 25 claims) | £360 (plus £40 for each claim over 25 claims) |
Objective examination | £200 (plus £20 per description page over 35 pages) | £260 (plus £20 per description page over 35 pages) |
Once you submit an application, you will receive a receipt with the application number and filing date (the date your application was received).
The Intellectual Property Protection Department will conduct a basic check to ensure that your application is complete and that your documents are in the correct format.
“Patent Pending”
You can add that you have a “patent pending in a country” or “have applied for an international patent” on your invention itself, or on your packaging or marketing materials.
You can either show the application number or give a web address where details of your invention and the patent application number are clearly displayed.
If your application is discontinued or terminated, you must remove any information indicating that your invention has a patent pending.
If you have not submitted all your documents or paid the application fee when submitting your application
If you have not submitted all your documents for your application or paid the application fee when submitting your application, the supervisor will tell you when you need to submit them by the deadline.
If your application is terminated
Your application will be terminated if you have not submitted the correct documents, forms or payments by the time specified. You will be told whether your application has been discontinued and why.
You may be able to resubmit your application for a fee. You will be told what to do and how long you have to resubmit your application if this is the case.
Search, publication and “substantive examination”
Before your patent is granted, the patent registration office will:
Conduct a search to ensure that your invention is new and inventive
Publish your application
Conduct a “substantive examination” of your application
If you did not request your search and substantive examination when you filed
You should normally request:
Your search within 12 months of your filing
Your examination within 6 months of publication
You may have more or less time depending on your circumstances. Your application supervisor will advise you of the deadlines for requesting them.
If you do not request and pay for these on time, your application may be terminated.
Apply for search and examination
If you cannot apply online, fill out the same form and send it to jaip@thejustice.org.uk
Patent search
A patent search checks whether there are any existing documents that indicate that your invention is not new and inventive, based on your “claims”.
This will usually be done within 7 months of your application, which you can do at the same time as you submit your initial application.
You will be sent a report with the results of the search. Read the Search Report Fact Sheet for more details.
Publishing
If your application is complete, the registry in the country where we register your invention will publish it – usually 20 months after the filing date.
Publishing does not mean that your patent has been granted.
Your full application, including your name and address, will be available to the public online.
A public subscription cannot stop details of your application being shared or reproduced, for example if third-party websites publish information about you and your invention.
Substantive examination
A substantive examination is a comprehensive check of whether your invention is new and innovative. The examination also checks whether there is any other reason why a public subscription cannot grant a patent, for example if your documents do not describe your invention in sufficient detail.
You must ask the registry to carry out a substantive examination – this will not happen automatically.
The substantive examination can be done within 6 months of your application if you request it when you make your initial application. If you request it later, it may take several years before it is done.
Once your patent has been examined
If your application does not meet the requirements, the IPO will tell you why.
You can:
Amend your application and have it examined again
Stop your application
There is no limit to the number of times you can amend your application to try to meet the requirements. If you meet the requirements, your patent will be granted.
If your patent is granted:
This application is considered a preliminary application to apply for protection (after you submit the application, we will contact you and provide you with all the requirements to follow up on protecting your patent)
All rights reserved © 2013 – 2024