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Before you spend a penny or a single evening on an application, make sure your invention can actually be patented. Many can’t — and knowing that now saves you time and money.
The three tests every patent must pass
- New (novelty). It must not have been made available to the public anywhere in the world before your filing date — including by you. This is why you must not disclose it before you file.
- Inventive (non-obvious). It can’t be an obvious tweak that any skilled person in the field would think of. A genuine inventive step is required.
- Capable of industrial application. It must be something that can be made or used — a product, a device, a technical process or method.
What the IPO will not patent
Some things are excluded outright. You cannot patent:
- A discovery, scientific theory or mathematical method;
- A literary, dramatic, musical or artistic work, or anything purely aesthetic (those are protected by copyright or designs instead);
- A scheme, rule or method for doing business, playing a game or a mental act;
- The presentation of information;
- Software “as such” — a computer program with no technical effect beyond simply running on a computer;
- A method of medical treatment or diagnosis practised on humans or animals.
There are grey areas — software or a business process that produces a genuine technical effect can sometimes be patentable. If you’re near the line, that’s exactly the point worth a one-off professional view.
Is a patent even the right protection?
A patent protects how something works. If you want to protect a brand name, that’s a trademark; the look of a product, a registered design; written or creative work, copyright (automatic). Pick the right tool before you apply.
If your invention passes all three tests and isn’t excluded, you’re ready for the next step: searching for existing patents.
Last reviewed: June 2026 · For use in England & Wales. eLitigant is a Community Interest Company (No. 16566612), not a law firm and not a firm of patent attorneys, and does not give legal advice. A patent is a serious, technical undertaking — the IPO itself advises that getting one is complicated. Use these guides to do the groundwork yourself, and consider a one-off professional check before you commit. Always confirm current forms and fees on gov.uk.
Contains public sector information licensed under the Open Government Licence v3.0.
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