Are UK inventors missing out on domestic patents?

UK inventors are often relying exclusively on time-consuming international routes to getting UK patents according to recent analysis of global patent data. They may be missing out on the value that an early domestic UK patent can give an investment-hungry business.

Britain’s ninth-place ranking behind heavyweights China, the US and European counterparts France and Germany in the World Intellectual Property Office’s annual league table of successful patents granted attracted negative headlines, with commentators pointing out that in 2018 three quarters (75%) of UK patent applications did not proceed to grant.

Source: Santander

	Patents granted by nationality	Global ranking	2017-2018	2017-2018 % change	2013-2018	2013-2018 % change
China	345,959	1	18,989	5.8%	202,424	141%
Japan	152,440	2	-4,404	-2.8%	-73,131	-32%
US	144,413	3	-6,536	-4.3%	10,820	8%
Korea	89,227	4	-1,620	-1.7%	-6,440	-6.7%
Russia	20,526	5	-511	-2.4%	-852	-3.9%
Germany	10,789	6	225	2.1%	997	10.1%
France	10,574	7	358	3.5%	339	3.3%
Italy	6,340	8	1,804	39%	-677	-9.6%
UK	3,001	9	-266	-8%	537	21.7%
Iran	2,993	10	-675	-18.4%	-380	-11.2%

However, for our intellectual property experts here at Harper James, the statistics tell a different story. The 75% figure includes a large number of initial UK applications that are abandoned because their British inventors decide at the 12-month point to switch to an international filing and search route available through the Patent Cooperation Treaty (PCT). Inventors using the PCT can effectively freeze their UK patenting plans for up to 31 months from their initial filing date. When they later restart UK processes, the gloomy UK statistics won’t show those reborn patents, because they will no longer be treated as domestic UK patents.

Our solicitors say that the statistics don’t show the real problem, which is that UK businesses often miss the chance to keep their initial UK filing alive alongside their international filings. Lindsay Gledhill, intellectual property partner, comments: “A domestic UK patent application can reach the register within two years. In my experience, getting a UK patent granted early can help start-up businesses to secure that all-important backing from investors even whilst the other international filings are years away from grant.”

We recognise that for some businesses, keeping the domestic UK filing isn’t always the right decision, particularly if the initial UK patent application is not in mature form because further technical work needs to be done. But all too often the opportunity to get an early grant in the highly respected UK patent office is not really considered.

Wherever a UK inventor may be in their patenting journey, our intellectual property legal experts are happy to advise on whether a regional or international route is the best route for your business. Our online legal advice centre also contains useful information and guidance on intellectual property law.