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 January 2009 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 Bermuda British Virgin Islands        Brunei Darussalam Cayman Islands1 Dominica8 Falkland Islands Fiji Gambia Gibraltar Grenada2 Guernsey1&9 Guyana3 Jersey

Kiribati Montserrat Nauru4 Samoa5 Seychelles Sierra Leone Solomon Islands St. Helena St. Lucia6 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.
⁸ A new law came into force in August 2008.  Interim provisions allow for re-registration up to 25 August 2009.
⁹ A new law is due to come into force mid-2009.

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.

Anguilla10 Bermuda British Virgin Islands          Brunei Darussalam Cayman Islands10 Falkland Islands Fiji Gambia Gibraltar Grenada Guernsey10&13 Guyana Jersey

Kiribati Montserrat Nauru Samoa11 Seychelles Sierra Leone Solomon Islands St Helena Turks and Caicos Islands12 Tuvalu Vanuatu14

¹⁰ Registration may be applied for at any time after grant and during the life of the EP(UK).
¹¹ Registration must be applied for within two years from the date of the grant of the EP(UK).
¹² Registration must be applied for within five years from the date of the grant of the EP(UK).
¹³ A new law is due to come into force mid-2009.
¹⁴ A new law of July 2008 allows for registration of European patent validation in any EU country.

UK registered designs
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 Nauru St. Helena St. Lucia15 Seychelles Sierra Leone Solomon Islands Swaziland Tanzania16 Vanuatu

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:

Dominica21 Guernsey18&20 Jersey17 Malta19

Montserrat18 Trinidad and Tobago17 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.

¹⁵ A new law was due to come into force in late 2003, the impact of which is not yet known.
¹⁶ Tanganyika and Zanzibar are treated separately.  Tanganyika has new legislation planned but no details yet.  It appears that Zanzibar is no longer allowing registration of UK designs following changes in legislation.
¹⁷ Application must be made within three years of registration in the UK.
¹⁸ Application may be made at any time during the life of the UK registration.
¹⁹ Application must be made within four months of registration in the UK.
²⁰ A new law is due to come into force mid-2009.
²¹ A new law of August 2008 may allow registration of UK designs up to 25 August 2009.

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