Overseas Patent Applications
Priority Dates
Filing a UK patent application generates a priority date (the date of first filing a patent application for an invention).
Applications for overseas patent protection should be filed within 12 months of filing the first UK patent application. This allows a ‘priority claim’ to be made, which effectively backdates the foreign applications to the date of filing the UK application.
It is possible to file applications for overseas protection outside of the 12-month period, but any such application will not have the benefit of the priority date. This generally means that anything that has been publicly disclosed between the filing of the UK application and the overseas applications can be cited against the overseas applications (thereby preventing grant of a patent). The law surrounding this varies depending on countries and if you have any questions please contact us.
Overseas Patent Filing Options
Presuming that a UK patent application has been filed, there are three main routes to obtain foreign patent protection. Please visit the pages below to find out more:
International Patent Applications
European Patent Applications
Direct National Applications
Contact us for a free consultation or for more information on overseas patent applications.
Frequently Asked Questions
No. A UK patent only provides protection within the UK. If you want to protect your invention in other countries, you must apply for patent protection in each relevant territory through an international, European or direct national application route.
Overseas patent applications should usually be filed within 12 months of the first UK patent application. Filing within this period allows the overseas applications to claim the same priority date as the original UK application.
The priority date is generally the date on which the first patent application for an invention was filed. It can be important when assessing whether the invention was new at the time of filing and may be claimed by overseas applications submitted within the permitted period.
It may still be possible to apply for overseas patent protection, but the application will not usually benefit from the original priority date. Any relevant information publicly disclosed before the later application was filed could then affect whether a patent can be granted. The position varies between countries, so professional advice should be sought as soon as possible.
No. There is no single patent that automatically provides protection throughout the world. However, routes such as the Patent Cooperation Treaty application process can simplify the initial filing procedure and delay the point at which separate national or regional applications must be pursued.
The three main routes are an international patent application under the Patent Cooperation Treaty, a European patent application or direct applications in individual countries. The most suitable option will depend on your target markets, commercial plans, timescale and budget.
Businesses commonly prioritise countries where they intend to manufacture, sell or license their invention, as well as territories where significant competitors operate. Applying in every possible country is rarely commercially practical, so a focused filing strategy can help manage costs.
Yes. London IP can advise on the most appropriate overseas filing strategy and assist with international, European and direct national patent applications. The recommended approach will be tailored to your invention, commercial objectives and available budget.
