Patents in the United Kingdom

What are the types of patents in the UK?

The United Kingdom has a well-established patent system administered by the Intellectual Property Office (IPO), based in Newport, Wales. Following Brexit (effective 1 January 2021), the UK no longer participates in the EU patent system, though it remains a member of the European Patent Convention. Patent routes available in the UK include:

• UK National Patent: Filed directly with the UKIPO, providing up to 20 years of protection from the filing date across England, Scotland, Wales, and Northern Ireland. The UKIPO conducts both a search and substantive examination.
• European Patent (EPC) validated in the UK: A European patent granted by the EPO can be validated in the UK within 3 months of grant. Validation requires no translation (English is an official EPO language) but does require payment of the UKIPO validation fee. Post-grant renewal fees are paid to the UKIPO.
• Re-registered European Patent (post-Brexit): European patents and Supplementary Protection Certificates (SPCs) automatically created comparable UK rights upon Brexit. Ongoing maintenance now requires separate action with the UKIPO.
• PCT International Application: The UK is a PCT member state. Applicants can enter the UK national phase via the UKIPO within 31 months of the priority date.

Note: The UK does not have a utility model or petty patent system.

What is the criteria for patentability in the UK?

Under the UK Patents Act 1977 (as amended), a patent requires:

• Novelty: The invention must not form part of the state of the art — not publicly disclosed anywhere worldwide before the UK filing or priority date.
• Inventive Step: The invention must not be obvious to a person skilled in the relevant technical field.
• Industrial Applicability: The invention must be capable of being made or used in any kind of industry.
• Not an Excluded Category: The UK Patents Act aligns with the EPC on exclusions, including discoveries, scientific theories, mathematical methods, mental acts, computer programs as such, presentations of information, methods of medical treatment, and plant/animal varieties.

What is the UK patent application process?

1. Prior Art Search: Use the UKIPO’s free online patent search tools or the EPO’s Espacenet database to assess novelty.
2. File Application: Submit to the UKIPO online or by post, in English. The application must include a description, claims, abstract, and any drawings. A filing fee of £30 (online) is payable at submission.
3. Preliminary Examination and Search: The UKIPO conducts a preliminary examination (formalities check) and a search for prior art. The Search Report is typically issued within 6 months of filing.
4. Publication: The application is published 18 months after the earliest priority date in the UKIPO’s Official Journal (Patents).
5. Substantive Examination: Applicants must request examination within 6 months of the publication date (paying an examination fee). The examiner assesses novelty, inventive step, and patentability. Total time from filing to grant typically ranges from 3–5 years.
6. Grant: Once all requirements are satisfied, the patent is granted and a certificate issued. The UKIPO publishes the granted patent on Espacenet and its own database.

How to renew/maintain a UK patent?

UK patents require annual renewal fees payable to the UKIPO, starting from the 5th year (fees for years 1–4 are included in initial filing and examination fees). Fees escalate progressively from £70 (year 5) to £600 (year 20). A 6-month grace period for late payment is available with a surcharge of 50%. ipRenewal monitors all UKIPO patent renewal deadlines and manages fee payments in GBP, ensuring your UK patent rights remain in force throughout the 20-year term.

How much does a UK patent cost?

• Filing Fee: £30 (online) or £80 (paper).
• Search Fee: £150 (online) or £200 (paper).
• Examination Fee: £100 (online) or £150 (paper).
• Annual Renewal Fees: £70 (year 5) rising to £600 (year 20), totalling approximately £4,000–£5,000 over the full 20-year term.
• Patent Attorney Fees: UK patent attorneys typically charge £3,000–£15,000 for preparation and prosecution depending on complexity.

Trademarks in the United Kingdom

How long does it take to obtain a UK trademark?

UK trademark registration is administered by the UKIPO. Post-Brexit, the UK Trade Mark register is entirely separate from the EU Trade Mark (EUTM) register. The timeline for UK trademark registration is typically 4–6 months when no objections or oppositions arise. The UKIPO publishes accepted applications in its Trade Marks Journal for a 2-month opposition period. Following Brexit, EU Trade Marks no longer cover the UK — separate UK registration is required.

What is the UKIPO trademark examination process?

The UKIPO examines applications on both absolute and relative grounds:

• Absolute Grounds: The mark must be distinctive and not purely descriptive, deceptive, or contrary to public policy or accepted principles of morality. The UKIPO conducts a distinctiveness assessment under the Trade Marks Act 1994.
• Relative Grounds: The UKIPO searches for earlier identical or confusingly similar UK registered marks and notifies applicants of potential conflicts. However, raising a relative grounds objection based on a conflicting mark requires an opposition from the rights holder — the UKIPO does not automatically refuse on relative grounds alone.
• 2-Month Opposition Period: Accepted applications are published in the Trade Marks Journal. Third parties (including holders of earlier EU Trade Marks that were re-registered as comparable UK marks post-Brexit) have 2 months to oppose.

How to renew/maintain a UK trademark?

UK trademarks are registered for 10 years from the filing date and can be renewed indefinitely in 10-year increments. Renewal fees are due by the 10th anniversary of filing, with a 6-month grace period available (with a late renewal surcharge). Trademarks not put to genuine use in the UK within 5 years of registration may be cancelled on non-use grounds. Post-Brexit comparable UK trade marks (converted from EUTMs) have renewal dates aligned with the original EUTM registration date.

How much does it cost to register a UK trademark?

• Application Fee (1 class, online): £170.
• Additional Classes: £50 per additional Nice Classification class.
• 10-Year Renewal Fee: £200 (1 class) + £50 per additional class.
• Attorney/Trademark Agent Fees: Typically £500–£2,000 for UK trademark prosecution.

How can ipRenewal help with your UK IP portfolio?

Brexit created a significant divergence in UK IP rights from the rest of Europe. EU Trade Marks and European patents validated in the EU no longer automatically cover the UK — separate registrations, renewals, and validations are now required with the UKIPO. For businesses with existing EU IP rights, monitoring the renewal dates of both UKIPO comparable marks and EUIPO registrations simultaneously is essential. ipRenewal tracks your UK patent and trademark portfolio alongside your EU rights, manages UKIPO renewal fees in GBP, and alerts your team well in advance of every deadline — ensuring your UK brand and innovation rights are never put at risk.