What can be patented? Everything you need to know

Patents can also support a range of funding incentives, including R&D tax relief and the Patent Box regime, where qualifying patented inventions may reduce corporation tax on associated profits.

This guide explains what can and cannot be patented, how the application process works in the UK and what businesses should consider before beginning the journey.

What is a patent and how long does it last?

A patent gives you the legal right to stop others from making, using, selling or importing your invention without permission. It is a powerful commercial asset, often protecting products or processes that represent significant investment in R&D.

Key points:

• Patents are granted by national governments and apply only within the jurisdiction where they are issued
• You can apply for patents in multiple countries if international protection is needed
• In the UK, a patent can last up to 20 years if renewed annually after the first five years
• Holding a patent does not guarantee commercial success; it simply protects your rights
  

Other forms of IP protection include trademarks, registered designs and copyright, each offering different types of protection.

What can you patent?

Patents protect inventions. To be patentable in the UK, your invention must satisfy three core criteria:

1. It must be capable of industrial application

Your invention must be something that can be made, used or applied in a practical context, such as a physical product, a manufacturing process or a technical methodology.

2. It must be new

Your invention must not have been publicly disclosed anywhere in the world before your filing date. This includes publications, public demonstrations, conferences and even your own marketing.

3. It must involve an inventive step

The invention must not be an obvious modification or combination of existing ideas to someone skilled in the field.

Examples of inventions that may be patentable include:

• New chemical compounds or materials
• Novel mechanical devices or tools
• Industrial processes or manufacturing methods
• Computer software with a technical purpose
• Engineering, robotics or automation solutions
• Clean-tech and energy innovations
• Medical devices and diagnostics technologies
  

Note: Patents are ultimately granted at the IPO’s discretion following a full search and substantive examination.

What can’t you patent?

Certain things cannot be patented under UK law. These include:

• Discoveries, natural phenomena or scientific theories
• Mathematical methods
• Artistic creations, literary works or musical compositions
• Business methods that do not provide a technical contribution
• Presentations of information
• Pure software or algorithms without a technical effect
• Medical treatments performed directly on the human or animal body (though devices may be patentable)
  

If unsure, it is wise to consult a patent attorney. Professional support can protect you from investing time and money into an application that is unlikely to succeed.

How to apply for a UK patent

You apply for a patent through the Intellectual Property Office (IPO). The base filing fee is £310, but most businesses spend several thousand pounds when attorney fees are included.

The patent process typically follows these stages:

Stage 1: Pre-application assessment

Evaluate whether your invention is commercially valuable and patentable. Consider the cost, time commitment and strategic benefit. Identify whether you will seek professional drafting support.

Stage 2: Preparing the application

Your application must contain:

• A detailed description of how your invention works
• Technical drawings where relevant
• A clear set of claims defining what you want to protect
• An abstract summarising the invention
  

This stage is critical, as you cannot change the invention once filed. Poor drafting can lead to rejection or narrow, unenforceable protection.

Stage 3: IPO search and publication

The IPO conducts an initial search to assess whether your invention appears new and inventive. After around 18 months, your application is published. At this point, your invention becomes public.

Stage 4: Substantive examination

A detailed technical examination determines whether your invention meets all legal criteria. This stage can take several years and may involve responding to objections or amending claims.

Stage 5: Grant

If successful, the IPO issues a patent certificate. You must pay renewal fees from year five onward to maintain protection.

Protecting your patented invention abroad

If you are entering overseas markets or believe it’s necessary to protect your patent in other territories, you’ll need to apply for patents in those specific locations. The UK government may assist you in this through attachés.

Sometimes this can be fast tracked if a foreign government is set up to extend your UK patent; other times you may need to go through the whole process again. The World Intellectual Property Organisation (WIPO) is a good starting point for further research.

An international application through the Patent Cooperation Treaty (PCT) – administered by WIPO –may be able to get you a UK patent at the same time as ones in other designated countries.

How patents support innovation funding

Patents can strengthen your position when accessing several innovation incentives:

R&D tax relief

If R&D led to your patented invention, the work may qualify for R&D tax relief even if the patent was granted years later.

Patent Box

Businesses with qualifying patents may reduce corporation tax on profits from patented products or processes to an effective 10 per cent rate. Learn more about our Patent Box tax savings service here.

Grants

Many innovation grants, including some Innovate UK programmes, favour businesses with a clear IP strategy. Strong patent protection can improve your competitiveness. Explore our Innovation Grants service here or view open grants here.

Support for innovative businesses

Patenting an invention can be complex, time consuming and costly. Strong advice early on is essential.

At Kene, we help innovative businesses understand how patents fit within their wider funding strategy, including R&D tax relief, Patent Box and relevant grants. While we do not file patents, we work alongside your chosen patent attorney to ensure your technical and financial documentation aligns with HMRC and funding requirements.

If you are considering patenting an invention or want to understand the tax benefits linked to patents, book a free consultation and we will help guide your next steps.