Who is Eligible for Patent Filing UK
Any PCT applicant:
- Corporate or individual,
- University,
- Research institute, or
- Assignee/successor in title
May request UK national processing. Non-UK residents are permitted; what is required is an address for service in the UK, Isle of Man, Channel Islands, or Gibraltar. Where a local representative is appointed, a written power of attorney is generally not required, though the UK Intellectual Property Office may ask an attorney to prove authority in rare cases. Assignments or entitlement documents are normally simple copies in English (or with certified translation) and do not require notarisation/legalisation for routine recordal.
Key Timeframes for Patent Filing UK (30/31-Month Rule)
The deadline to request UK processing of a PCT application is:
31 months from the earliest claimed priority date (or from the international filing date if no priority is claimed). This is the standard UK “31-month rule.”
Late Entry / Extensions Beyond 31 Months
If the 31-month limit is missed, UK rules allow a two-month extension as of right (to 33 months) upon filing Form 52 and paying the extension fee. Separately, if rights are lost, reinstatement may be requested with Form 14 and a fee (currently £150), accompanied by evidence; success is discretionary. Neither route should be used as a planning tool—timely entry remains critical.
Filing Language used for Patent Application UK
Official languages are:
If the international application is not in English/Welsh, a translation must be furnished to enter and proceed in the national phase; verification is not normally required unless doubt arises.
Required Documents (and Formality Levels) for Filing Patent in UK
At national phase entry, you will typically provide:
- Request for UK national processing (commonly using Form NP1) and pay the national processing fee.
- International application particulars (the WIPO publication is retrieved by the Office).
- Translation (if required) of the full specification (description, claims, abstract, and any textual matter in drawings).
- Representative/Address for service (no routine POA filing needed; the UK IPO may ask to prove authority in limited scenarios).
- Entitlement documents (assignment/transfer) if the applicant differs from the PCT applicant—simple copies are typically accepted; notarisation/legalisation is not generally required.
These requirements are confirmed in the UKIPO Formalities Manual (PCT chapter).
Search & Examination Procedure
The UK operates a substantive examination.
- A UK Patent Search is requested (Form 9A), and
- An examination is requested (Form 10) with the respective official fees.
Where an International UK Patent Search Report exists, the UKIPO relies on it and undertakes its own substantive review; excess fees may apply for claims over 25 and description pages over 35.
Examination Process & Office Actions
Following search (and republication if needed), the UKIPO issues an examination report identifying formal or substantive objections—e.g., novelty/Patentability Search, inventive step, clarity/support, sufficiency, or added matter. Applicants typically have a set term to reply with arguments and/or amendments, and there may be multiple rounds. The UK file history (including third-party observations) becomes part of the public record and can be relevant in enforcement or validity proceedings. Provisional protection applies after publication, but actions may only be brought after grant; damages can cover infringing acts post-publication if the granted claims are substantially the same as published.
Deadline for Request for Examination
For PCT(UK) cases, Form 10 (substantive exam request) and the fee must be filed by the later of:
- 33 months from the earliest priority (or international filing date if no priority), or
- Two months from the date the application is deemed to have entered the national phase (usually at 31 months).
A two-month extension is available on Form 52 with a fee; further extensions are limited. Form 9A (search request) follows a similar rule: within 12 months of the (international) filing/priority or within two months of national phase entry—whichever expires later.
Publication Process & Legal Impact
A PCT application is deemed published for UK purposes on national phase entry (if already published by WIPO). The UKIPO republishes the case to give it a GB number/classification. Publication gives public notice and starts the clock on provisional protection: once the patent is granted, you can claim damages for infringing acts from the publication date, provided the acts fall within both the published and granted claims. This is a powerful deterrent and can enhance licensing leverage.
Grant Process & Enforceability
When all objections are overcome and fees are settled, the UKIPO grants the patent. A granted UK patent enables civil actions for injunctions, damages, or account of profits, delivery-up, and other relief. UK judgments are respected, and the forum is commercially credible, making a UK patent a valuable bargaining chip for licensing and dispute resolution.
Validity Term
The standard term is 20 years from the international PCT filing date, subject to timely payment of renewal (annuity) fees.
Typical Time to Grant
Timing varies by technology, claim complexity, and responsiveness. A practical range for many national-phase cases is ~4–6 years from entry to grant. If speed is crucial, the UKIPO offers accelerated routes, including Green Channel (environmental benefit) and PPH/GPPH when claims are allowed elsewhere—often compressing timelines substantially.
Annuities & Maintenance
Renewal fees are due annually from the 5th year after the filing date up to the 20th year. If unpaid by the due month’s end, a grace period of up to six months applies with a £24/month surcharge.
Official Government Fees for Patent Filing UK
Important: UK official fees are uniform—there are no small-entity or foreign-applicant discounts. Where future fee increases are scheduled (e.g., from 1 April 2026).
15.1 Filing / National Phase Entry / Search / Examination (all applicant types)
| Stage (All applicants) | Official fee (GBP) | What to know |
| Request UK national processing (NP1) | £30 | Pay by a 31-month deadline (entry) or with a late-entry extension (Form 52). |
| Search fee (PCT-UK) | £120 (if prior international search) / £150 (if not) | Form 9A is due within 12 months from the earliest priority/filing or within 2 months of UK entry, whichever is later. Excess-claims fees may apply. |
| Substantive examination fee | £100 (online filing) | Form 10 due by 33 months from priority (or later: 2 months from UK entry). Excess-pages fee (description pages >35) payable with Form 10. |
| Publication of translation (if required) | £12 | Only where a translation must be republished under s.89A. |
| Late-entry extension (Form 52) | £135 | Extends prescribed time by two months (e.g., to 33 months). |
| Reinstatement request (Form 14) | 150 | Discretionary; evidence required. |
Forthcoming changes (from 1 April 2026, indicative):
- Examination fee rising £100 = £130;
- excess claim fee £20 = £27 per claim over 25;
- excess page fee £10 = £13 per description page over 35.
15.2 Excess Claims / Pages (all applicant types)
| Item | Official fee (GBP) | When charged |
| Claim fee over 25 | £20/claim (to rise to £27) | Assessed at search/exam and at grant for additional claims persisting. |
| Description pages over 35 | £10/page (to rise to £13) | Calculated on the description length when Form 10 is filed. |
15.3 Grant-Stage Fees (all applicant types)
| Item | Official fee (GBP) | Notes |
| Grant-stage fees | £20 per excess claim (over 25) + £10 per excess page (over 35) | Charged where thresholds are exceeded at grant. |
15.4 Renewals (all applicant types)
| Year | Fee (GBP) | Year | Fee (GBP) |
| 5 | 70 | 13 | £260 |
| 6 | £90 | 14 | £300 |
| 7 | £110 | 15 | £360 |
| 8 | £130 | 16 | £420 |
| 9 | £150 | 17 | £470 |
| 10 | £170 | 18 | £520 |
| 11 | £190 | 19 | £570 |
| 12 | £220 | 20 | £610 |
Late renewal surcharge: £24 per month within the six-month grace period.
Applicant-type note: The UK IPO does not vary these official fees by applicant type (e.g., no “small entity” or “foreign filer” rates).
Utility Model Protection Availability
The UK does not offer utility models (petty/innovation patents). Protection for technical inventions is via standard patents only (and, where appropriate, registered designs or trade secrets).
UK Patent Office & Official Website
- UK IPO portal (National Phase): Request UK processing of an international (PCT) application. This page includes the entry route, forms, and guidance.
UK Patent Office
