UK Intellectual Property Office ("UKIPO")

The UK Intellectual Property Office, officially the Intellectual Property Office, is the authority responsible for granting and administering patents, trade marks and designs in the United Kingdom, as well as for public policy on copyright. Since the United Kingdom left the European Union, EU rights no longer have effect there, which has strengthened the role of the national office. The United Kingdom nonetheless remains a party to the European Patent Convention, so that a European patent can still be validated there.

Patent grant procedure

A UK patent application undergoes a search and then substantive examination, each at the applicant’s request within the time limits laid down by the rules. The examiner assesses novelty, inventive step, industrial application and the exclusions from patentability by criteria very close to those of the European Patent Convention. There is no post-grant opposition before the Office, validity being challenged by an application for revocation before the Office itself or before the Patents Court of the High Court. On request, the Office also issues non-binding opinions on the validity or infringement of a patent, an inexpensive tool for assessing a position before litigation. The United Kingdom does not participate in the Unified Patent Court, and the unitary patent does not cover it.

Trade marks and designs after withdrawal from the Union

At the end of the transition period, every registered EU trade mark automatically gave rise to a comparable UK trade mark, retaining the filing date and priority of the original right, and the same mechanism was applied to registered Community designs. The unregistered Community design was replaced by an equivalent UK right, whose existence depends on the place of first disclosure, which means that the territory in which a product is launched must be chosen with care.

Practical relevance for a French rightholder

A French rightholder protects inventions in the United Kingdom through the validation of a European patent, which requires no translation, or through the national phase entry of an international application, which takes place within thirty-one months of priority. Trade marks are obtained by a national filing or by designating the United Kingdom in an international application under the Madrid Protocol. A European protection strategy must therefore treat the United Kingdom as a separate territory.

Key points

The UK Office grants patents after search and substantive examination, with no post-grant opposition, and it hears applications for revocation concurrently with the High Court. EU rights no longer cover the United Kingdom, where trade marks and designs must be obtained separately. The existence of comparable UK rights derived from EU rights should be checked, a separate designation provided for in any new international application, and the place of first disclosure taken into account for unregistered designs.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. When the question arises in a real case, the right moment is almost always before proceedings are issued.

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