Introduction
This page provides information on the rules governing the filing of  patent applications outside the UK by resident inventors, and our approach to them.

When may a permit be required?
If a patent application having UK resident inventors is to be filed outside the UK, a foreign filing permit may be necessary unless an application for the same invention was filed at the UK Intellectual Property Office more than six weeks previously. The application filed at the UK Intellectual Property Office may be a UK patent application, a European patent application or an International patent application.

If such an application has not been filed at the UK Intellectual Property Office, for example if the first filing is to be a US provisional application or a filing direct at the European Patent Office, then a foreign filing permit is required when it contains information:

• which relates to military technology; or

• the publication of which might be prejudicial to national security; or

• the publication of which might be prejudicial to the safety of the public.

It will usually be clear if the invention relates to military technology or contains information the publication of which might be prejudicial to national security. If, for example, the invention was made as a result of collaboration with the military or the Ministry of Defence (or one of its agencies), then a permit should be applied for.

The UK Intellectual Property Office have explained that the term “prejudicial to the safety of the public” does not apply to inventions which may be used in an unsafe manner, or to inventions which could accidentally cause injury, and that for an invention to fall inside this prohibition the information will need to disclose an overt threat to public safety.

As the process of applying for a permit is relatively straightforward (see below), we advise applying in cases of doubt.

Applying for a permit
To make an application for you, we need details of the UK  resident inventors and details of the invention. Usually the introduction and summary of invention will provide sufficient detail.

The application can be turned around in half a day, if necessary,
and the process is extremely flexible.

This information is simplified and must not be taken as a definitive statement of the law or practice.