How Do I Maintain My Patent in England?

If you are a patent holder or are applying for a patent in the UK, you may wonder how to maintain your patent protection. You are initially granted patent protection for four years from the date you filed for it. After that, you must renew yearly to keep your patent. The maximum time you can keep your patent is 20 years. After that, your patent will cease to exist, meaning you no longer have any rights concerning the patent. Allowing your patent to lapse means you risk a third party taking advantage of your invention. This article will explain how the UK patent renewal process works.

Renewing 

You can renew your patent by post or telephone, but the simplest method is to renew your patent online through the UK Intellectual Property Office (UK IPO). You can renew your patent three months before the due date or within one month of it falling due. If you also have trademarks or registered designs that need renewing, you can renew all these simultaneously.

The annual fees for renewing your patent increase for each year you choose to keep it. The following table details this:

First Renewal 

It can take several years from filing your application to being granted your patent. Because of this, the rules for a first renewal may differ slightly. 

If you filed your application more than three years and nine months before your patent was granted, you will need to renew your patent three months from the grant date. You may also have to pay a greater fee to cover any years in which you would have renewed had the patent been granted earlier.

Late Renewals

If you do not renew your patent within one month of the due date, you will need to pay a late fee of £24 for each month you are late. If you do not renew within six months of the due date, your patent will lapse, and you will no longer have protection. 

Missing the Deadline

If you miss the six-month deadline to renew your patent, there is an application process to restore it. You must do this within 13 months from the date your patent lapsed. 

For example, if your filing date for your patent was 1 January 2017, and you first renewed your patent on 1 January 2021, the due date for renewal would be 1 January 2022. Your last date to renew without any penalty would be 1 February 2022. The latest date you can renew your patent will be 1 July 2022. If you miss this date, you can request restoration of your patent until 1 August 2023. 

You must provide a good reason for missing the renewal deadline and pay a fee of £135. If the IPO is satisfied that you did not intend to miss the renewal deadline for your patent, they will allow you to renew it. However, you will need to pay the outstanding renewal fees. If the IPO does not condone your reason for failing to renew in time, they will reject your application. In this situation, you can request a hearing with a senior official to discuss your application for restoration.

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Key Takeaways

If you are granted a patent in the UK, you can renew it for up to 20 years from when you originally made your patent application. Initially, you will be granted your patent for four years, and then you must renew your patent annually. The cost to renew your patent increases yearly, starting at £70 for the first renewal and rising to £610 in the final year. There are fees involved with late renewal, and to keep your patent rights, you must renew your patent within six months following the renewal due date.

Frequently asked questions