Patent basics for UK deep-tech startups

A UK patent protects a technical invention that is new, involves an inventive step, and is capable of industrial application, administered by the UK Intellectual Property Office (IPO) under the Patents Act 1977, and it lasts up to 20 years provided the renewal fees are paid each year.

In this guide: the three legal tests an invention must pass, what deep-tech startups commonly get wrong about software patentability, the actual UK filing process and costs, and how patents fit into a wider deep-tech IP strategy. This is a general explainer, not legal advice - always take advice from a qualified patent attorney before filing.

What does an invention need to meet to be patentable in the UK?

A UK patent requires an invention to be new, to involve an inventive step, and to be capable of industrial application - all three tests have to be met, and any one failing is enough to refuse the application.

New means the invention must not have been made publicly available anywhere in the world before the filing date - including in the founder’s own marketing materials, a conference talk, or a published paper, which is why deep-tech founders are consistently advised to file before any public disclosure, not after. Inventive step means the invention must not be an obvious step to someone already skilled in that technical field - a trivial combination of two known things generally won’t clear this bar. Industrial applicability means the invention must be capable of being made or used in some kind of industry, which is a low bar for most genuine technology but rules out purely theoretical or abstract concepts with no practical application.

What can’t be patented in the UK?

UK patent law specifically excludes several categories, including scientific theories, mathematical methods, aesthetic creations, business methods, and computer programs “as such” - a phrase that causes real confusion for deep-tech and AI startups specifically.

According to GOV.UK’s own patent guidance, software is excluded from patentability “as such,” but software that produces a genuine technical effect beyond just running a calculation can still be patentable - the guidance gives the example that an app that merely plays chess would not qualify, but software that controls how an autonomous vehicle actually operates in the physical world could. In practice, this means many AI and software startups can patent the specific technical system their software is part of (a control system, a novel sensor-processing method, a hardware-software combination) even though they can’t patent an algorithm in the abstract - which is exactly the distinction a patent attorney earns their fee helping a founder draw correctly.

What does the UK patent process actually involve?

The UK patent process starts with preparing a detailed technical application, filing it with the IPO, and then going through examination, with the whole application published roughly 18 months after the initial filing date regardless of whether it’s eventually granted.

After filing, an applicant typically requests a search to check the invention is genuinely novel against existing patents and publications, then requests a substantive examination where the IPO assesses whether the application meets all three patentability tests. The IPO may raise objections requiring the application to be amended before a patent is granted, and the whole process from first filing to a granted patent commonly takes a few years rather than months.

What does it cost to patent an invention in the UK?

The minimum official IPO filing and processing fee is £405, but that figure only covers the administrative cost - most startups also pay a patent attorney several thousand pounds to draft and prosecute the application properly, since a poorly drafted patent can end up too narrow to actually stop a competitor.

A UK patent only protects the invention within the UK - it doesn’t give any protection in other countries, so a deep-tech startup planning to sell internationally needs a separate strategy for protection in other key markets, typically through the European Patent Office for European coverage or the World Intellectual Property Organisation’s international filing system as a first step toward protection elsewhere. Both routes add significant further cost on top of the initial UK filing, which is why deep-tech founders are generally advised to plan their international IP budget early rather than treating the UK filing as the end of the process.

UK patent basics at a glance

Requirement	What it means
Novelty	Not publicly disclosed anywhere before the filing date
Inventive step	Not obvious to someone skilled in the relevant field
Industrial applicability	Capable of being made or used in some industry
Duration	Up to 20 years from filing, with annual renewal fees required
Minimum IPO fee	£405 (excludes attorney drafting costs, typically several thousand pounds)
Geographic scope	UK only - separate filings needed for other countries (e.g. via the EPO or WIPO)
Publication	Roughly 18 months after filing, whether or not it’s eventually granted

What should a deep-tech founder do before filing?

The single most important practical step is to avoid any public disclosure of the invention - including pitch decks shared without an NDA, conference talks, or published papers - before filing, since disclosure before the filing date can permanently destroy novelty and make the invention unpatentable.

Founders should also budget realistically for the process taking several years and costing considerably more than the £405 headline IPO fee once attorney drafting costs and any international filings are included, and should treat the choice between patenting and simply keeping a technical advantage as a trade secret as a genuine strategic decision - a patent becomes public after roughly 18 months, so it isn’t always the right protection route for every kind of deep-tech advantage.

Key takeaways

• UK patentability requires novelty, an inventive step, and industrial applicability - all three, administered by the IPO under the Patents Act 1977.
• Software and algorithms “as such” aren’t patentable in the UK, but software delivering a genuine technical effect (not just a calculation) often is.
• The minimum IPO fee is £405, but realistic total cost including attorney drafting typically runs to several thousand pounds.
• A UK patent only protects within the UK - international protection needs separate filings, commonly via the EPO or WIPO.