Patents of Invention

– Registration of United Kingdom Patents Act (Cap. 156), which came into force on April 23, 1925, with minor amendments in 1956, 1957, 1983 and 1991.
– Registration of United Kingdom Patent Rules, made thereunder on September 22, 1927, as amended in 1978 and 2014.

Membership in International Conventions

– None.

Filing

Type of patents: independent or registration of a U.K. patent (or a European (U.K.) patent). 

Remark on IP implications of the U.K.’s referendum vote of June 23, 2016 to leave the European Union: the U.K.’s position as a contracting State of the EPO is not affected by the U.K.’s withdrawal from the EU, and European (U.K.) patents will continue to be obtainable through the EPO route.

Applications: as regards U.K. and European (U.K.) patents, the registration has to take place within three years of the sealing in the U.K.. Independent patents, though theoretically possible, are not in practice registered. 

Applicant: the grantee of a patent in the United Kingdom, including a European Patent (U.K.), or any other person deriving his right from such grantee by assignment, transmission or other operation of law.

Filing requirements (application to be made within three years of the date of issue of the patent in the U.K.):
1. Certificate of the Comptroller General of the United Kingdom Intellectual Property Office attached to a certified copy of the specification, attached to an extract of the U.K. Register giving full particulars of the grant, or a similar European certificate;
2. A declaration that the grantee or other owner is entitled to the patent;
3. A notarized power of attorney in favor of a solicitor practicing in the British Virgin Islands, as only a solicitor can make an application for registration of a U.K. patent.

Opposition: before a judge in chambers, within two months.

Issue of certificate: without novelty examination when not opposed or on failure of opposition.

Protection

Rights granted: privileges and rights as if the patent had been issued in the United Kingdom with an extension to the British Virgin Islands. 

Duration of protection: from the date of the patent in the United Kingdom and shall continue as long as the patent remains in force there (see U.K. Patents of invention “Duration“).