Securing your patent rights in other countries
Understand international patent protection, from PCT applications to regional systems and enforcement strategies.
UK patents only protect your invention domestically. If you operate internationally, securing patents in key markets prevents competitors from legally copying, selling, or using your invention abroad.
There are three main routes for getting international patent protection.
Direct national applications
You can file separate patent applications directly in each country where you wish to seek protection. This allows customisation for national laws but translation requirements and varying legal standards can be costly and complex to manage.
Using the regional patent systems
Some regions offer centralised patent applications, simplifying the process and reducing costs. For example, Africa has two regional patent offices, and the , offering patent protection across many Sub-Saharan African countries. covers several Eurasian states.
The can grant patents for some or all of the contracting states to the European Patent Convention. The UK Intellectual Property Office (IPO) acts as a receiving office for European patent applications filed by UK applicants.
While regional patents streamline filings, final validation and enforcement happen at the national level, meaning disputes must be handled separately in each country.
Using the Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT), administered by the , allows a single international application to cover multiple countries, delaying national filings while keeping your priority date (first filing date). The UK IPO serves as a receiving office for PCT applications.
The PCT process has two phases:
- international phase - the application undergoes a global search and may include an optional patentability review
- national phase - countries you chose to file in review your application and decide whether to grant a patent
Once granted in the individual contracting states, the patent will provide protection in the same way as a national patent and will be subject to national law.
The PCT simplifies the process, giving businesses time to assess market potential before committing to national filings. However, there is no global patent - each country makes its own decision. The system is complex and, while is available, seeking advice from a patent attorney is strongly recommended.
Extension of UK intellectual property rights abroad
Some countries may allow you to extend your UK IP protection and accept it as protected in that country after completing local formalities. Find .
International patent strategy and enforcement
Before filing internationally, identify key markets where you plan to sell, manufacture, or license your invention. Filing everywhere is expensive, so choose wisely. In some cases, trade secrets may be a better option if the invention is difficult to reverse-engineer.