Demystifying Patens: A conversation with Simon Foster, Founder of Foster Patents

March 12, 2026
Tom Nicolson, Partner at Bonham & Brook, recently sat down with Simon Foster, Patent Attorney at Foster Patents, to talk about one of the most misunderstood areas of innovation: patents. The conversation explored how patents actually work in practice, why the process matters as much as the outcome, and how new technology is changing the way ideas are protected and commercialised.

 

TN: Simon, a lot of people assume patents are quite simple. You invent something, you file a patent, and then you are protected. But that is not really how it works, is it?

SF: Not quite. That is probably the biggest misconception. Filing a patent is really just the start of a much longer process. When you first file, you submit an application describing the invention. After that, it enters a pending phase, and that can last for several years, and in some cases much longer.

During that period, you do not yet have a granted patent, so the final scope of protection is still uncertain. What you have is an application that may, in due course, lead to enforceable rights, depending on how the process develops.

 

TN: So in that period between filing and grant, what does the patent actually do for a company?

SF: It can create useful uncertainty for competitors, and that can be commercially valuable. Once the application is published, competitors can see that you have filed something around a particular idea, but they do not yet know whether a patent will be granted or how broad the final protection will be.

The claims may start out relatively broad. Over time, as the patent office examines the application, that scope may narrow before grant. But while the application is pending, competitors cannot be certain where things will finally land. That uncertainty can be strategically useful as part of a wider innovation and commercial strategy.

 

TN: So the process itself has value, not just the final granted patent.

SF: Exactly. Some larger companies deliberately file multiple patent applications around a particular innovation. The goal is often partly defensive. It can make that technology area harder for competitors to assess with confidence.

If competitors can see a cluster of pending applications, they may find it difficult to judge where the boundaries will eventually settle. That uncertainty can persist for quite a long time before anything is finally granted.

 

TN: And by the time the patent is finally granted, the commercial benefit may already have been realised.

SF: That is right. Sometimes the granted patent ends up being narrower than the original application. But by that stage, the business may already have benefited from a period in which competitors were unsure how far they could go in that space.

That is why I often tell clients that the process can be just as important commercially as the final outcome, even though the granted patent remains very important in the longer term.

 

TN: Technology is also changing how patents are created. You mentioned earlier that artificial intelligence is starting to play a role in your work.

SF: It really is changing the way we work. Traditionally, you would sit down with an inventor, talk through their idea, and try to identify one or two patentable concepts to build an application around. We now use specialist legal AI tools to review technical material much more efficiently and explore a broader range of possible innovations within the same overall project.

That does not replace the attorney’s judgement or the inventor’s insight, but it can make the invention harvesting process much more effective. It means we can identify more areas worth exploring, structure filing strategies more thoughtfully, and often do so faster than was previously practical.

 

TN: That must change the economics of the process.

SF: Absolutely. In the past, the cost and time involved often meant focusing on a single application around a core idea. Now it is much more feasible to identify multiple innovations around a theme and build a broader portfolio in a more efficient way.

That means businesses can protect a wider range of ideas and build a stronger strategic position around their technology, which can support growth, investment readiness, and longer-term value creation.

 

TN: For our clients and followers who are building innovative businesses, what is the key takeaway about patents?

SF: The key thing is to think of patents as part of a long-term strategy rather than as a single event. Filing an application is the beginning of a journey, and during that journey the pending application itself can create commercial value.

If companies understand that dynamic, they can use patents far more strategically, alongside the wider funding, tax, and innovation decisions they are already making.

 

TN: That is a really helpful way of framing it. Simon, thank you for sharing your insights.

SF: My pleasure.

 

Foster Patents

Foster Patents helps businesses obtain patent protection for their innovations in the UK, Europe and internationally. We provide high-quality tailored advice and assistance in matters requiring expert patent counsel at an incredibly competitive price.

https://www.fosterpatents.co.uk/

 

Bonham & Brook
Patents can unlock valuable tax savings through the UK Patent Box.
If your business holds, or is applying for patents, Bonham & Brook can help you maximise the benefit. Get in touch to explore your eligibility -> https://bonhamandbrook.co.uk/contact-us/

 

 

Thomas Nicolson

Partner, Bonham & Brook

 

 

Simon Foster

Foster Patents

 

 

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