By Dominic Elsworth, Head of Practice, Hargreaves Elsworth
For UK businesses with global ambitions, intellectual property (IP) protection should not stop at the border. Patents are territorial rights, meaning protection in the UK does not extend overseas. A considered international strategy is essential.
The Paris Convention for the Protection of Industrial Property is fundamental to global patent strategy. This agreement allows a UK applicant to file in other member countries within defined time limits whilst retaining the original UK filing date. These “priority periods” are 12 months for patents, and six months for registered trade marks and designs. This gives businesses valuable time to test markets, secure funding, and refine commercial plans before committing to the cost of wider protection.
In practice, most patent owners focus on key economic regions. The United States is often a priority due to its market size and robust enforcement system. European protection is commonly pursued via the European Patent Office for patents, or via EU trade mark and Community design systems, offering streamlined access to multiple countries through a centralised process. However, filing national applications within individual European countries remains an alternative for some businesses, particularly those targeting specific markets or seeking to control costs. China is increasingly important, both as a manufacturing hub and a vast consumer market. Japan offers a major industrial and technology market, particularly in relation to automotive, electronics, and precision engineering sectors.
A filing strategy should reflect commercial realities. Different countries often develop strengths in particular technological fields. A mining technology company might prioritise South Africa and Australia; a business developing specialist fishing technology or maritime equipment may see value in protecting rights in jurisdictions linked to major marine industries, such as Greenland or Norway. Singapore, meanwhile, serves as a strategic gateway to Asian markets and has a strong reputation in relation to IP enforcement. The aim is to protect IP where competitors could exploit it, whether this is through sales, distribution, or manufacture.
Ultimately, effective overseas IP protection aligns with business strategy. The question is not “where can we file?” but “where should we file to support growth, manage risk, and protect value?”
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