Protecting your patent abroad
To protect your invention outside of the UK, you usually need to apply in each country you want protection in.
Introduction
A granted UK patent can stop others making, selling or using your invention in the UK, but has no influence elsewhere.
If you plan to sell or license your invention abroad, you should consider protection abroad. If you don’t, anyone can legally make, use or sell your invention overseas.
Get advice
Obtaining patent protection abroad is complicated, so you should consider seeking advice from a patent attorney or other professional adviser. Assistance in finding a patent attorney is available from the Chartered Institute of Patent Attorneys (CIPA).
You can also contact our attachés, who are based around the world. They can provide advice for UK exporters and provide information on the typical issues to be aware of for that particular region.
Choosing the right level of protection for your patent
There are a number of options for seeking patent protection overseas. You can:
- apply for national patents individually
- apply for a European Patent if seeking protection in multiple European countries
- file an international application via the Patent Co-operation Treaty (PCT) if seeking protection in multiple countries worldwide
Each option will be dependent upon where you need protection for your patent, as well as other considerations, such as cost.
National patents
You can get protection in individual countries by applying to the national office of each country. You may decide to file an application at a national office if you only want protection in a few countries.
You can claim priority from an existing patent application if you apply abroad within 12 months of your original application. Your later application will be treated as if you applied on the same date as the original application.
European patents
You can get protection in more than 30 countries in Europe (including the UK) through a single application. You can apply:
- direct to the European Patent Office (EPO).
- through our online filing
This option can be cost-effective and more efficient than applying to national offices separately. Once granted, it becomes separate patents in the countries you designate.
International application
You can seek protection in more than 150 countries through a single application using the Patent Co-operation Treaty (PCT). The following process is applicable for PCT applications.
- Receiving an international search report and written opinion on the patentability of your invention.
- Your application is published around 18 months from the earliest priority date.
- You then have around 30 months after the date you applied to decide which countries you want protection in and process them separately in each country.
- You need to enter the ‘national phase’ in the countries where you hope to secure protection. This usually requires the filing of a form, fee and, where necessary, a translation of the application.
- Once granted in the individual contracting states, each patent will provide protection in the same way as a national patent and will be subject to national law.
This option is suitable if you need protection in countries across the world. A single international search report can reduce administrative burden and costs. This can be more efficient than applying to national offices separately.
You can apply:
- direct to the World Intellectual Property Office (WIPO)
- via the EPO as a receiving office.
- via the IPO as a receiving office
Our PCT guide for private applicants provides further information.
A PCT Fee Sheet and information on the new PCT fees are also available
Updates to this page
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Guidance re-written.
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First published.