Patent factsheet: Filing abroad

A granted UK patent can stop others making, selling or using your invention in the UK, but has no influence elsewhere. Consequently you may feel that you need to apply for patent protection in one or more countries abroad so that you can prevent others from making, selling or using your invention in those countries. This factsheet explains some of the options open to you once an application for a UK patent has been made.

This factsheet should be treated as an introduction to the topic of foreign filing and not a comprehensive guide.

Essential advice 

Because of the additional difficulties associated with obtaining patent protection abroad, you should consider seeking advice from a patent attorney or other professional adviser.

When to file 

You have 12 months from the earliest date of your UK application (the filing date or priority date, whichever is earlier) to file a foreign application which claims priority from it.

You may still file abroad after this date, but there would be a significant risk that publication of your UK application would then invalidate your foreign or international application. 

Where to file 

Once you’ve decided, on a commercial basis, in which countries you wish to gain patent protection, you then have the following options:

• filing a patent application separately in each country where protection is required
• filing a single European patent application (EP) giving protection in a number of countries in the European Patent Convention (EPC)
• filing a single application under the Patent Cooperation Treaty (PCT) for patent protection in a number of countries throughout the world

How to file 

Independent applications

Each country has its own fee system and rules governing the patent process.

The application must be written in the language of the country you’re applying to. You may have to provide verified translations at a very early stage.

You will usually need to supply an address for service within each country to which you apply.

Applying to individual countries gives you the greatest flexibility regarding where to apply for patent protection. However, you will need to pay official fees in each country.

Contact details for other national patent offices are available from our Customer Support Centre on 0300 300 2000. 

EP applications

Check the latest fees for EP applications on the European Patent Office (EPO) website.

EP applications are submitted in English. You will need to provide French and German translations of your claims just before grant.

An address for service in the UK is usually sufficient for obtaining a European patent.

The advantage of a European patent is that with a single application, you can obtain, at grant, patent protection in all the countries you have designated. However, if your application is turned down or successfully opposed, you will fail to gain protection in any of the states designated.

You can file an EP application at the EPO or via the Intellectual Property Office (IPO). You can get more information from our International Unit on 01633 814586. 

PCT applications

Check the latest Patent Cooperation Treaty (PCT) fees.

PCT applications are submitted in English. Many countries require translations during the national phase.

You will usually need to supply an address for service within each country you designate in the national phase.

The advantage of a PCT application is that a single search suffices for all PCT countries designated. This gives applicants the opportunity to evaluate the search report and amend claims prior to further commitment. However, there is no single substantive examination, so the PCT application must then be pursued through the national offices of each designated country separately (national phase) with fees and translations where necessary.

You can file a PCT application at the IPO. Further information and forms are available from our International Unit on 01633 814586 and from the World Intellectual Property Office (WIPO) website. 

Check if you need security clearance

You may need security clearance from the IPO if all of the following are true:

• you’re resident in the UK
• you decide to file abroad without first applying for a patent at the IPO
• your application contains information which relates to military technology or would be prejudicial to national security or the safety of the public (as required by section 23 of the Patents Act 1977)

If you think you may need security clearance, please contact our security section on 01633 813558.

Getting help

It’s a good idea to seek professional assistance when preparing your patent application, as you’re more likely to succeed in getting a patent granted if you do.

You can also contact the Intellectual Property Office on 0300 300 2000 (local call rate) or visit our website. We are keen to help all our customers as much as possible, but regret that we cannot help with the commercial exploitation of your invention.

This guide is not intended to be comprehensive and necessarily omits details which may be relevant in particular circumstances.