Date published: 14.05.2025
The article provides a detailed overview of the patent law system in the United Kingdom, including types of patents, the application process, protection terms, enforcement challenges, and strategies for rights protection. The material will be useful for entrepreneurs, inventors, innovators, and startups seeking to protect their technological solutions in the UK.
Patent law in the United Kingdom is a key tool for protecting technological innovations, granting the inventor exclusive rights to use their invention for a certain period. The UK Intellectual Property Office (UKIPO) manages the country's patent system.
What is a Patent and What Are Its Functions
A patent is a legal right granted to the creator of a new technical solution. It allows the holder to prevent others from using, manufacturing, selling, or importing the patented invention without consent. Patents are assets that can be sold, licensed, or used to attract investors.
Patentability Criteria in the United Kingdom:
- Novelty – the invention must not be part of public knowledge.
- Inventive step – the solution must not be obvious to a skilled person in the field.
- Industrial applicability – the invention must have practical use.
- Must not be contrary to public order or morality.
Patent Application Procedure
- Preparation of the invention description with claims.
- Submission of the application to UKIPO.
- Publication after 18 months.
- Request for examination (within 12 months of filing).
- Decision on patent grant.
Patent Duration and Maintenance
A patent is valid for 20 years, subject to annual fee payments. Missed payments can be reinstated under certain conditions within a limited period.
Challenges and Solutions
- Difficulty in drafting patent claims – resolved by engaging a patent attorney.
- High competition in the tech field – conduct patent searches before filing.
- Infringement issues – record violations and seek legal action or assistance through platforms like Consultant.
Patent Rights Protection
The patent owner has the right to demand cessation of infringement, compensation for damages, injunctions, and destruction of counterfeit products. In some cases, alternative dispute resolution (ADR), such as mediation, is available.
International Patent Protection and Cooperation
To extend protection beyond the UK, an inventor may:
- File an application via the PCT (Patent Cooperation Treaty).
- Submit to the European Patent Office (EPO).
Patent law in the UK is a complex but powerful mechanism for protecting intellectual property. To avoid mistakes and fully leverage the protection opportunities, it's advisable to consult qualified lawyers. The Consultant platform offers professional services in patent law, from application preparation to courtroom representation. Don't risk your intellectual property — seek assistance today.
