Official Statistics

Facts and figures: patents, trade marks, designs and hearings: 2021

Published 20 July 2022

Note: This document is to be used in conjunction with the data download for patent, trade mark, design and hearing data for 2021 and provides further insight for these statistics.

1. Main points

• applications: The number of patent applications to the IPO has decreased by 8.7% between 2020 and 2021. Trade mark applications increased by 43.5% to a record level of 196,639 applications in 2021. Design applications have also increased by 129.4% from 31,460 applications in 2020 to 72,157 applications in 2021

• registrations and grants: A record number of trade marks were registered in 2021, increasing by 75.7% from 2020. Patent grants have increased by 11.5% between 2020 and 2021. There has also been a record number of designs registered in 2021 with 59,983 registrations, a 120.3% increase from 2020

• international: For patents, trade marks and designs, the highest number of non-UK applications came from either China or the USA. The USA has the highest number of patent applications filed at the IPO by non-UK applicants, while China has the highest number of trade mark and design non-UK applicants

• hearings: Cases relating to trade marks make up the largest proportion of hearings activity at the IPO. A total of 8,080 oppositions were filed in relation to trade marks (including Fast Track options) in 2021

2. Facts and figures: patents, trade marks, designs and hearings

Table 1: Summary of all registered intellectual property rights

Intellectual Property Right		2016	2017	2018	2019	2020	2021
Patents [1]	Applications	22,055	22,072	20,931	19,245	20,651	18,854
	Publications	12,065	11,768	12,061	11,125	10,040	11,306
	Grants	5,602	6,311	5,982	5,948	9,772	10,899
Trade marks [2]	Applications	65,710	83,984	95,203	107,526	137,035	196,639
	Registrations	54,222	70,362	81,556	95,177	96,204	168,991
Designs	Applications	10,030	19,269	26,164	28,895	31,460	72,157
	Registrations	8,481	17,195	24,425	27,589	27,220	59,983

Notes:

1. Patents filed directly at the IPO and Patent Cooperation Treaty (PCT) applications.

2. Domestic trade mark applications and International Registrations (excluding additional classes).

Patents

Between 2020 and 2021, the number of patent applications [1] to the IPO decreased by 8.7% overall (from 20,651 applications to 18,854), with domestic applications (16,497 applications) decreasing by 10% and PCT applications (2,355 applications) increasing by 1.2%. While the number of patent applications has generally decreased in recent years, the same pattern has been seen in several European countries such as France, Germany, Ireland, Russia and Switzerland [2]. Trends in patent filing has been researched in greater detail in The changing profile of users of the UK patent system analysis.

The number of patents published increased by 12.6% from 10,040 to 11,306 between 2020 and 2021. The overall number of patents granted increased by 11.5% to a record high of 10,895 between 2020 and 2021, with the number of domestic grants (7,540) increasing by 5.7% and PCT grants (3,355) increasing by 27.1%. This is due to an internal IPO’s IP rights examination backlog brought to zero to reduce the backlog of outstanding examinations.

Figure 1: Patent grants have increased in 2021

Notes:

1. Patents filed directly at the IPO and Patent Cooperation Treaty (PCT) applications.

2. According to World Intellectual Property Organization IP statistics

The majority of applications to the IPO are from UK-based applicants. In 2021 there were 11,573 domestic applications from UK-based applicants, representing 61.4% of all applications received. The highest number of non-UK based applications came from the USA (2,586), China (605), and Germany (467).

Green Channel patents

The Green Channel for patent applications was introduced in 2009 and allows applicants to request accelerated processing of their patent application if the invention has an environmental benefit. The IPO received a record 449 applications through the Green Channel in 2021; the previous record was in 2020 with 402 applications, which is an 11.7% increase.

Figure 2: Green channel requests continue to increase

Trade marks

In 2021, the IPO received a record 196,639 trade mark applications [1], a 43.5% increase from 2020 which was the previous record year for trade mark applications. Both the number of applications and trade marks registered have been consistently rising since 2011. The more significant increases seen since 2016 are believed to have been driven by three factors; a significant surge in applications from China, filings driven by the UK’s exit from the European Union and the COVID-19 pandemic.

In relation to the COVID-19 pandemic, an increase in applications coincided with the first lockdown in the UK, a period where many companies were diversifying as a response to the pandemic. The UK’s exit from the European Union has necessitated direct filing with the IPO in order to protect marks within the UK prior to the 31st December 2021 deadline, with pending trade marks given up to 9 months to be transferred to the IPO.

Figure 3: Trade mark applications continue to rapidly increase

Notes:

1. Domestic trade mark applications and International Registrations (excluding additional classes).

In 2021, there were 96,645 trade mark applications sent directly to the IPO (domestic applications) from UK-based applicants (an increase of 5.2%), and 80,805 direct applications to the IPO from non-UK-based applicants, which is an 142.1% increase from 2020. In addition, there were 32,646 trade mark applications through the International Registration (IR) route. Much of the surge in trade mark filings is likely to be due to the UK exit from the European Union, as can be seen by increases in non-UK-based applicants. For example, the highest filing rate increases between 2020 and 2021 were from European countries such as Italy, Germany, Portugal, Spain, Poland, Finland and Austria, with increases between 708% and 437%. The highest number of non-UK based applications (28,317 domestic and 2,164 IR) came from China with 30,481 applications followed by USA with 21,002 applications (12,636 domestic and 8,366 IR). Some of the increases in filing may be still attributable to the COVID-19 pandemic and China filings (which has increased by 146% between 2020 and 2021).

Registrations of trade marks flattened in 2020, this was a result of the surge in trade mark applications which increased the backlog of work for trade mark examiners.

Registered trade marks provide protection within different classes of goods and services. For example, in the UK, the word ‘Polo®’ is protected simultaneously by different applicants in relation to different goods: a type of mint, a clothing brand and a model of car. The total number of classes in all applications in 2021 was 436,097 (360,556 domestic and 75,541 IR), an increase of 59.7% from 2020.

Designs

Design applications to the IPO have seen a dramatic increase since 2015, with the number of applications growing 1014.9% between 2015 and 2021. The process of applying for registered design protection with the IPO has changed in recent years, with a new fee structure coming into force in October 2016 and an online application form going live in October 2017. These changes were intended to make the process more straightforward and cost-effective for applicants and are likely to have contributed to increased filing activity. As of May 2018, the UK became a member of the Hague Agreement for International Registrations. These figures, 9,353 international applications for 2021, are included within this publication, which accounts for a portion of the increased applications and registrations shown.

Figure 4: Design applications continue to increase

Notes:

1. Designs registrations includes the international Hague applications and registrations. This is a route for applying for designs through World Intellectual Property Organization (WIPO), which the UK joined in 2018. This allows for a single international application filed with WIPO rather than a whole series of applications which would otherwise have to be filed with different national offices.

Designs applications have increased by 129.4% between 2020 and 2021, from 31,406 to 72,157. Of which, 28,049 design applications to the IPO were from UK-based applicants which accounted for 38.9% of all design applications in 2021. These figures have increased by 31.6% between 2020 and 2021. Like trade marks, there has been a surge in international applications, with 44,108 applications in 2021, up from 10,153 in 2020 which a 334.4% increase. Over half of applications from international countries in 2021 were from China and the USA alone (13,153 and 10,069 respectively) with the number of applications both countries increasing by over 360% compared to 2020. As 2021 is the first year after the UK left the European Union, those seeking rights in the UK can no longer rely on filing at the European Union Intellectual Property Office (EUIPO) to obtain coverage for the UK. Therefore to obtain coverage in the UK, firms will either have filed directly in the UK or through the World Intellectual Property Organization (WIPO). The increase in design applications is likely due to the high volume of international design applications which were filed through WIPO, however further research is required to understand this trend.

Hearings

In addition to processing and examining applications for intellectual property rights, the IPO also facilitates the resolution of IP disputes through hearings and tribunals. The IPO’s facilitation of hearings means that cases can be processed faster and gives businesses a more affordable dispute option than seeking redress through the courts. Cases relating to trade marks make up the largest proportion of hearings activity at the IPO. There was a total of 8,080 oppositions filed (an increase from 3,830 in 2020) in relation to trade marks in 2021 (including Fast Track oppositions) and 893 ex parte hearings taken to challenge examiners’ objections to trade marks.

3. Facts and figures: patent, trade mark, design and hearing data

The full dataset which contains further breakdowns of these data is available to download:

Dataset | Released 20th July 2022
Summary of dataset

4. Glossary

Patents

A patent protects inventions. It gives the right to take legal action against anyone who makes, uses, sells or imports it without the patent holder’s permission.

To be granted a patent, the invention must be all of the following: something that can be made or used, new, and inventive - not just a simple modification to something that already exists.

Patent cannot be granted for certain types of invention, including:

• literary, dramatic, musical or artistic works

• a way of doing business, playing a game or thinking

• a method of medical treatment or diagnosis

• a discovery, scientific theory or mathematical method

• the way information is presented

• some computer programs or mobile apps

• ‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties

Application

An application for a patent includes a full description of the invention (including any drawings), a set of claims defining the invention, a short abstract summarising the technical features of the invention.

Search

The IPO carries out a search to check whether the invention is new and inventive. The results of the search and any defects in the application are reported. Search reports can take up to 6 months.

Publication

Applications are published 18 months from filing or priority date, provided they are complete and pass the search.

Substantive examination

The examination checks whether an invention is new and inventive enough. It also checks that the description and claims match and are good enough to patent. The examination will show if an application meets the legal requirements. Examination of a patent application must be requested within 6 months of publication. Examinations can take place several years after the filing date of an application.

European patent protection

European patents (EP) can also provide protection in the UK. Applications can be made through the IPO or directly to the European Patent Office (EPO). Once granted an application becomes separate patents in the countries designated.

Patent Cooperation Treaty (PCT)

Patents providing protection in the UK may also be received by the IPO through the international route. International applications use the Patent Cooperation Treaty (PCT) to pursue patent rights across many countries from a single filing.

Trade mark

A trade mark is a sign which can distinguish goods and services from those of other traders. A sign includes, for example, words, logos, colours or a combination of these. A trade mark can be used as a marketing tool so that customers recognise products or services.

Trade marks are not granted for words, logos, colours or other signs which are unlikely to be seen as a trade mark by the public. For example, marks which describe goods or services or any characteristics of them (e.g. marks which show the quality, quantity, purpose, value or geographical origin of goods or services); terms that have become customary (e.g. technical terms that are in common use); terms that are not distinctive (e.g. promotional advertising slogans); or a combination of these.

Trade marks will not be granted if they are offensive (e.g. taboo swear words), against the law (e.g. promoting illegal drug use), or deceptive (e.g. there should be nothing in your mark which would mislead the public). In addition, IPO will object to marks that contain specially protected emblems (e.g. the Red Cross or Olympic symbols).

To be registrable, a trade mark must be distinctive for the goods and services that are applied for registration.

Design

A registered design protects the visual appearance of a product, part of a product, or its ornamentation. This can also apply to an industrial or handicraft item. This IP right gives no protection for how a product works but merely for its appearance. That appearance can be affected by a number of contributory features including: lines, contours, colours, shape, texture, material.

The protection lasts for five years and can be renewed every five years, for up to 25 years.

Hearings

A hearing is an open attendance before a Hearing Officer at the IPO, which is normally open to the public.

An ex parte hearing is the name given to hearings held between a single party (either private individuals or firms) and the IPO. An ex parte hearing is a way of taking things forward with a patent, trade mark or design application or granted application. It allows the IP right holder to explain their case in person to a ‘hearing officer’. The hearing officer is trained to be independent and to look at all sides of the arguments and make the final decision about the case.

Opposition

An opposition is the procedure where a third party may formally object to an application for registration of a trade mark.

For a further glossary of terms relating to trade mark hearings, please see guidance Trade marks tribunal: glossary of terms.

5. Data

Data source

The statistics in this release are produced using administrative data from the Intellectual Property Office (IPO), covering various aspects of IPO business. For patents, trade marks, and designs, snapshots of administrative databases for the calendar year 2021 were taken in April 2022. Data relating to hearings activity are provided directly by the relevant teams within the IPO. Due to the cessation of collection internally of some data points, certain tables and data points relating to Hearings have been removed from this publication.

Coverage

Patent protection in the UK can also be obtained from the European Patent Office (EPO). Prior to 2021, trade mark and design protection was also available through the EUIPO, this route is no longer available. Statistics relating to the EPO and the EUIPO are not covered in this publication and as such, the statistics in this publication do not represent all intellectual property activity in the UK.

6. Strengths and limitations

It is important to note that the IPO’s data is collected for business purposes, not statistical purposes, and it is therefore subject to a number of limitations from a statistical perspective.

Intellectual property (IP) statistics should not be used alone to describe the level of innovation in the UK, or as a measure of inventorship. See The patent guide, or The trade mark guide for information on the limitations of using patents and trade marks as proxies for measuring innovation.

Accuracy of the statistics

Administrative data at the IPO are generated through receipt of forms to the office, which can be filed online or in paper format. To compile statistics on the three registered intellectual property rights (patents, trade marks and designs), data are extracted from the relevant databases. The extraction of data is not performed immediately at the close of the calendar year but is delayed allowing for any necessary retrospective amendments to be made in the databases. This ensures that the statistics presented in this release have a higher level of accuracy.

Name consistency

Applicants are free to write their name as they choose, which can lead to variation over multiple applications. For example, one individual may write “Limited” as part of the company name on whose behalf they are applying, while another individual may use the abbreviation “Ltd.” on a later application for the same company. We therefore use probabilistic matching to produce the “Top 50” and “Top 10” tables in this release, aiming to group all variations of a company name together.

Address consistency

Applicants are free to write their address as they choose, which can lead to variation over multiple applications in a similar manner to names (please see above). The address listed on application may not represent the location of where the IP was generated. For example, a patent for a product invented in one location may be filed under a company headquarters address in a completely different location (which could be in a different country). Address data on trade mark and design applications represents the current address the rights owner wishes to use for correspondence. This may not be the address that the application was originally filed under.

“Rejected” patent applications

The IPO does not formally issue decisions rejecting patent applications. Furthermore, we do not associate withdrawals or abandonment with specific decisions. Applications that do not become granted patents include applications which had outstanding objections at expiry of the compliance period, applications withdrawn, and applications abandoned.

IP timelines

The applications granted/registered in a given calendar year often refer to applications filed in a previous year. It is therefore not possible to use the number of applications filed in 2018 and the number of grants/registrations in 2018 to calculate the proportion of “successful” applications.

Applicants’ characteristics

It is not a requirement for applicants to provide information such as sex, ethnicity, or disability status in order to obtain intellectual property rights, and these questions are not asked on our forms. We cannot provide statistics on the diversity of applicants; however, the IPO has published research into the Gender of patent applicants using name-gender inference.

The IPO is responsible for copyright legislation in the UK but does not produce statistics on this intellectual property right as there is no copyright register. For further information, access the copyright page.

7. Related links

Monthly statistics: Patents, trade marks, and designs: April 2021
Official Statistics | Released 27 May 2020

The statistics in this release provide factual information relating to monthly applications and registrations of intellectual property registered rights (patents, trade marks, and designs)

Facts and figures: patent, trade mark, design and hearing data 2020 Official Statistics | Released 27 May 2020

These statistics include annual data for designs, patents, trade marks and hearings for 2020, based on administrative data.

Trends at UK Intellectual Property Office 1995 to 2017 Official Statistics | Released 13 July 2018

A report on the trends of patent, trade mark and design applications, publications and grants at the IPO over 1995 to 2017.

The changing profile of users of the UK patent system Official Statistics | Released 9 August 2021

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.

We are seeking feedback

We are always looking to improve our release for these statistics and datasets. Feedback on this release is welcomed at statistics@ipo.gov.uk.