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A patent is a form of registrable intellectual property protection that grants you exclusive rights over your invention – covering a broad range of technological innovations and creative processes.
Because a patent is widely regarded as the strongest form of IP protection, securing one can be challenging. It requires demonstrating that your invention is both novel and non-obvious, which is why the process is often complex.
In fact, the Intellectual Property Office (IPO) recommends that you engage an IP lawyer if you are interested in applying for a patent. Their expertise can help you navigate the requirements and ensure that your application meets the highest standards.
In this article, we’ll go over the most common types of inventions you can patent and provide updated insights for 2025.
1. Business Methods
A business method that incorporates improved or new technology can be patentable – provided that the technology is not merely incidental, but a substantial and integral part of the invention. For example, if you have devised a novel process that leverages digital algorithms to optimise financial transactions, it may qualify for patent protection.
However, using pre-existing, unaltered technology in a completely new business method is not patentable. It is important that the technical element contributes significantly to solving a specific problem. For further information on protecting your business ideas, you may wish to review our advice on maintaining confidentiality in the workplace.
Also, a mere business ‘scheme’ is not patentable. We often hear clients ask how they can secure a patent to protect a business model or a way of doing things they have invented. Unfortunately, without a substantial technical contribution, such schemes fall outside patent protection. Instead, other forms of intellectual property protection, such as trade secrets, may be more appropriate.
Ultimately, to qualify as a patentable invention, your idea must offer a concrete solution to a recognised problem.
While decisions in jurisdictions like Australia – for instance in Commissioner of Patents v Rokt Pte Ltd and Encompass Corporation Pty Ltd v InfoTrack Pty Ltd – have clarified that using standard technology in a routine manner is unlikely to meet the inventive threshold, UK patent law similarly requires that the technical contribution be significant. It is therefore essential that your invention demonstrates a genuine advancement rather than a mere reapplication of existing technology.
| In the Rokt case, for example, a company attempted to patent a digital advertising scheme that used technology to display engagement offers leading to targeted advertisements based on user activity. Rokt claimed that the technology improved consumer engagement with digital ads. However, the description of the software was very general and merely served as a vehicle to implement a marketing scheme. The High Court concluded that because the technology was used in its ordinary form – without any substantial technical advancement – the invention was essentially a business scheme and, therefore, not patentable. |
2. Micro-Organisms
For inventions involving transgenic plants, animals, or micro-organisms, it is essential to provide detailed information on how the invention can be reliably replicated, rather than merely describing an isolated sample. This ensures that the invention meets the reproducibility requirement for patentability.
In particular, the following may be patentable:
- Micro-organisms themselves, for example, a unique strain of fungus
- Products derived from micro-organisms, such as novel enzymes
- Processes involving micro-organisms, such as innovative fermentation methods
- Transgenic plants or animals
- Mutant or modified animals or plants
3. Computer-Related Inventions
In the realm of computer-related inventions, a patent can protect the manner in which a software program enables a computer to function, provided it offers a technical solution to a technical problem. It is important to note that a patent does not protect the source code (which is covered by copyright protection) or the aesthetic design (which may be protected under circuit layout rights).
The invention must provide a clear solution to a problem, show genuine technical innovation, and have industry-wide applicability rather than being confined to an isolated scenario. Patents in this field can cover both hardware and software; for example, a novel computer component or an accessory that significantly enhances performance.
For more detailed insights on protecting your technological innovations, please visit our Intellectual Property services page.
4. Biological Inventions
There is an extensive range of biological materials and processes that can be covered by a standard patent. Biological inventions often require thorough documentation to demonstrate both novelty and reproducibility.
Examples include cell lines, organelles, isolated bacteria and prokaryotes, as well as processes that utilise micro-organisms or enzymes. Patents may also cover isolated proteins, polypeptides, and genetically modified organisms – provided they are non-human, such as specific strains of plants or bacteria that offer a novel functionality.
Note that patents cannot protect plant varieties. Instead, plant developmental innovations are protected under ‘Plant Breeder’s Rights’, which grant growers exclusive commercial control over their new varieties. We’ve written more on Plant Breeder’s Rights if you’re interested in this aspect of biological protection.
How Long Will A Patent Last For?
In the UK, once a patent is granted, it generally lasts for 20 years from the date of filing – provided that you keep up with the requisite renewal fees. For patents related to pharmaceutical inventions, a supplementary protection certificate (SPC) can extend the effective term to up to 25 years. It is essential that your invention satisfies the criteria of novelty, an inventive step, and industrial applicability to secure such protection.
Unlike some jurisdictions that once offered an innovation patent system, the UK does not provide a separate category for “innovation patents.” All eligible inventions are assessed under the standard patent framework. This uniform approach helps maintain a rigorous standard for what constitutes a truly novel and inventive solution. For a comprehensive breakdown of what makes an invention patentable, consult our detailed IP guidance.
The Takeaway
If you have improved on or invented something new, you may be keen to see if you can apply for a patent. Remember, securing a patent not only protects your innovation but can also add significant value to your business and enhance your competitiveness in the market.
For more detailed and up-to-date advice on the patent process and other forms of intellectual property protection for 2025, our experienced team is here to help. We can assist with every step of the process, from drafting your patent application to managing any legal challenges that arise. Investing in robust IP protection now can provide a strategic advantage well into the future. To learn more about safeguarding your innovations, do check out our intellectual property services and related resources.
Reach out to our intellectual property lawyers at [email protected] or call us on 08081347754 for a free, no obligation chat!
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