Protecting your patent in the UK
Understand how to enforce your patent rights, the importance of proactive enforcement and taking protective action.
Securing a patent is just the first step in protecting your intellectual property. As a patent holder, you are responsible for monitoring, maintaining, and enforcing your rights. Without proactive enforcement, your patent offers little protection. Here's how to effectively enforce a patent in the UK.
Keep your patent valid
A lapsed patent loses legal protection, making your invention vulnerable to unlicensed use. Make sure that you:
- pay renewal fees on time
- set reminders to avoid accidental lapses
- stay compliant to maintain patent protection
Find out how to renew your patent in the UK.
Monitor for infringement
Regular monitoring helps you detect potential violations early. To monitor for infringement effectively:
- track the market - keep an eye on competitors' products and services
- use patent databases - search for unauthorised use of your invention
- set up patent alerts - get notification of new filings that may conflict with your patent
- check Intellectual Property Office's updates for new applications and grants
- file objections - if a competitor's application overlaps with your patent
Discover more ways to monitor patent activity.
Mark your patented products
Clear labelling reinforces your patent rights and deters infringement. You can:
- use the 'patented' label to display your rights on products
- include the patent number on packaging, documents or website
- advertise your patent protection on marketing materials
- use 'patent pending' to deter potential copycats if your application is still in progress
When labelling patented product, keep your details up to date and ensure accuracy, as false marking can lead to legal issues.
Find out more on marking patented products.
Enforce your patent rights
Owning a patent is only useful if you actively protect it. To enforce your patent effectively, don't ignore potential infringements. These could lead to:
- unauthorised use of your invention
- loss of exclusivity in the market
- legal issues if the infringer claims they acted in good faith
Investigate suspicious activity fully to assess the risks as soon as possible. If enforcement becomes necessary, having strong documentation will strengthen your case.