Registration of UK Patents & Designs Abroad
It is possible to register UK national patents, European patents (UK) and UK registered designs in a number of overseas states and territories. This sheet lists the states and territories in which we believe registration to be possible for each type of intellectual property.
The information in this sheet is derived from that available from the UK Intellectual Property Office (UKIPO) and that which has been supplied to us by attorneys working in or with the countries concerned. It has not necessarily been obtained from official sources and, although it is up-to-date to October 2007 as far as we are aware, neither Mewburn Ellis LLP nor the UKIPO can accept responsibility for the accuracy of the information. Due to the number of countries involved, it is unlikely to be one hundred percent accurate or complete.
UK patents
Automatic extension of UK national patents
Patents granted under UK national law are automatically extended to:
British Indian Ocean Territory
Swaziland
Registration of UK national patents
Unless otherwise stated, we believe that registration must be applied for within three years from the date of grant of the UK patent.
Unless otherwise stated, the maximum term of the registration is believed to be 20 years, but in general the overseas registration will remain in force only for as long as the corresponding UK patent is in force.
If the UK patent is allowed to lapse or is revoked, then all corresponding overseas registrations will automatically lapse or be revoked at the same time.
Registration of UK national patents is available in: Anguilla | Kiribati Montserrat Nauru4 Samoa5 Seychelles Sierra Leone Solomon Islands St. Helena St. Lucia6 St. Vincent and the Grenadines Turks and Caicos Islands7 Tuvalu Vanuatu |
1 Registration may be applied for at any time after grant and during the life of the UK patent
2 The maximum term of registration is believed to be 14 years
3 The maximum term of registration is believed to be 16 years
4 An Australian or USA patent may also be registered
5 Registration must be applied for within two years from the date of grant of the UK patent
6 A new law was due to come into force in late 2003, the impact of which is not yet known
7 Registration must be applied for within five years from the date of grant of the UK patent.
European patents (UK)
Registration of European patents (UK) in overseas states or territories
Unless otherwise stated, we believe that registration must be applied for within three years from the date of grant of the patent.
In all cases the maximum term of the registration is believed to be 20 years, but in general the overseas registration will only remain in force for as long as the corresponding EP(UK) is also in force.
If the EP(UK) is allowed to lapse or is revoked, then all corresponding overseas registrations will automatically lapse or be revoked at the same time.
| Anguilla8 Bermuda British Virgin Islands Brunei Darussalam Cayman Islands8 Falkland Islands Fiji Gambia Gibraltar Grenada Guernsey8 Guyana Jersey | Kiribati Montserrat Nauru Samoa9 Seychelles Sierra Leone Solomon Islands St Helena St. Vincent and the Grenadines Turks and Caicos Islands10 Tuvalu Vanuatu |
8 Registration may be applied for at any time after grant and during the life of the EP(UK)
9 Registration must be applied for within two years from the date of the grant of the EP(UK)
10 Registration must be applied for within five years from the date of the grant of the EP(UK)
Countries to which a UK design registration extends
The following countries allow an automatic extension without the need for local registration:
| Anguilla Bermuda British Indian Ocean Territory British Virgin Islands Falkland Islands Fiji Gambia Ghana Gibraltar Grenada Guyana | Kiribati |
In the following countries, it would appear that the act of applying for design protection based upon a UK design is a mere formality and that registration will be granted by local application:
| Dominica Guernsey14 Jersey13 Malta15 | Montserrat14 Trinidad and Tobago13 Tuvalu |
It is not clear which, if any, of the above countries will be covered by, or will allow the registration of a Community Design registration.
11 A new law was due to come into force in late 2003, the impact of which is not yet known
12 Separate applications are required for registration in Tanganyika and Zanzibar but new legislation is being drafted
13 Application must be made within three years of registration in the UK
14 Application may be made at any time during the life of the UK registration
15 Application must be made within four months of registration in the UK
This information is simplified and must not be taken as definitive statement of the law or practice.