Overview of the legal framework

The United Kingdom has a comprehensive and independent IP legal framework. Key statutes include:

• Patents Act (Patents Act 1977)

• Trade Marks Act (Trade Marks Act 1994)

• Registered Designs Act (Registered Designs Act 1949)

• Copyright, Designs and Patents Act (Copyright, Designs and Patents Act 1988)

• Trade Secrets (Enforcement, etc.) Regulations (Trade Secrets (Enforcement, etc.) Regulations 2018)

The competent authority is the UK Intellectual Property Office (UKIPO), which forms part of the Department for Business and Trade (DBT).
The United Kingdom is a member of WIPO, the PCT, the Madrid System, the Paris Convention, the Berne Convention and TRIPS, and maintains close cooperation with major IP offices such as those of the EU, the United States and Japan.

International cooperation and system alignment

• Following Brexit, the UK no longer participates in EUIPO’s systems for European Union Trade Marks (EUTM) and Registered Community Designs (RCD);

• Registered EU trade marks and designs were automatically converted in 2021 into comparable UK rights (Comparable UK Right);

• The UK remains a key WIPO member and continues to participate in the Madrid and Hague international registration systems;

• PPH fast-track examination cooperation has been established with EPO, USPTO, JPO and KIPO and other offices.

Trade mark system

Filing routes

• Applications can be filed directly with UKIPO;

• Or the UK can be designated via the Madrid Protocol.

Classification standard

• Applies the Nice Classification;

• Supports both single-class and multi-class applications.

Examination procedure

• Formality examination: about 1 week;

• Substantive examination: about 2–3 months;

• Opposition period: 2 months from the date of publication (extendable to 3 months).

Use and renewal

• Registration term: 10 years, renewable indefinitely;

• A continuous period of 5 years of non-use may lead to revocation.

Examination features

• Rigorous examination focusing on distinctiveness and likelihood of confusion;

• The system automatically searches for earlier trade marks and notifies the applicant (this is not a formal opposition);

• Oppositions can be decided by a UKIPO Trade Mark Hearing Officer;

• All filing and portfolio management are fully electronic via the UKIPO Online Filing System.

Patent system

Types of protection and term

• Patents (Patent): 20 years from the filing date;

• There is no separate utility model system in the UK.

Examination system

• Substantive examination is applied;

• Average examination period: 24–30 months;

• Applications are automatically published 18 months after the filing date;

• Applicants may request accelerated examination (Green Channel) for environmental or low-carbon innovations.

International routes

• The UK is a PCT contracting state, and national phase entry into the UK is available via the international route;

• Applicants can also obtain a European patent via the European Patent Office (EPO) and then validate it in the UK (validation).

System features

• Applies the “First-to-File” principle;

• Supports divisional, priority and provisional applications;

• Post-grant disputes are handled by the UK courts or the Intellectual Property Enterprise Court (IPEC);

• The official language is English.

Design protection

Legal basis

• Registered Designs Act 1949 (as amended).

Scope of protection

• The appearance of a product, including shape, configuration, pattern, ornamentation and combination of colours;

• Includes graphical user interfaces (GUIs) and digital icons.

Term of protection

• 5 years from the registration date, renewable four times, for a maximum of 25 years.

Examination procedure

• Examination period: around 2–4 weeks;

• Only formality examination is conducted (no novelty examination);

• Examination language: English.

System features

• A single registration takes effect throughout the entire United Kingdom;

• Multiple-design applications are permitted;

• An unregistered design right also exists, which automatically protects qualifying designs for 10–15 years from first marketing or creation (whichever is earlier);

• International design protection can be obtained via the Hague Agreement route designating the UK.