Research and analysis

The changing profile of users of the UK patent system

This paper forms part of the IPO’s research into the drivers of IP demand. This research paper focuses on the changing profile of users of the UK patent system.

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Trends in patent applications made to the Intellectual Property Office (IPO) between 2000 and 2020 were analysed and compared to trends at the European Patent Office (EPO).

Applications to the IPO have dropped over time, with a clear change in the pattern occurring around 2010. On closer inspection, the fall is due to a particular group of UK-based individual applicants rather than companies. These customers often do not pursue their applications beyond the search stage. This could be through lack of interest or merit, so the reduction in applications has made less impact on the number of publications and grants.

Underlying demand from other customer groups has remained. Non-UK based applicants, large businesses, and users of the Patent Cooperation Treaty (PCT) in particular. The number of applications reaching publication and grant from business customers is significant.

Factors affecting patent applicants were considered. The Great Recession of 2008 had a big influence on applicant behaviour with a significant turnover of applicants at the time. There are early indications that Brexit and COVID-19 have also affected applicant behaviour. This is despite the fact that no fundamental changes to the patent system have resulted from Brexit. Internal IPO and EPO priorities have an effect on the number of patents granted and in force, but do not appear to influence applicant behaviour.

UK-based applicants use the IPO more than the EPO, but the gap has closed. There is some evidence of a small number of applicants shifting to using the EPO instead of the IPO. The differences in fees and coverage of these two offices drive customer behaviour. The majority of applications at the IPO are from UK applicants. UK-based applications to the IPO have dropped whilst overseas applications have remained constant. International applicant behaviour has changed, with applications from China growing.

The largest technical fields at the IPO are Civil Engineering, Computer Technology, and Transport. Telecommunications used to be one of the largest technical fields but applications have fallen over time. Some large companies have stopped making telecommunications applications to the IPO, and in some cases to the EPO too.

The IPO is often used as an office of first filing. More than 40% of IPO applications form the basis for a later priority claim.

Published 9 August 2021