Intellectual property in the United Kingdom

Having an Australian trade mark, patent, design right, or plant breeder’s right (PBR) doesn't secure protection in the United Kingdom (UK). Here's how you can protect your IP in the UK.  

If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.

Find an IP professional who can represent you in your target country or region by visiting Get professional assistance with your IP.

What types of IP can you register?

 In the UK, you can protect your IP with a trade mark, patent, design right or PBR.

What to consider

Before applying, make sure you:

  1. Understand what's considered a trade mark in the UK and if your trade mark is eligible for protection
  2. Consider whether you should apply for a trade mark in Australia first
  3. Know the cost of applying for a trademark in the UK and through the Madrid System
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in the UK. An IP professional can help you with this. 

How to apply

There are two ways to apply for a trade mark in the UK:

  1. Through the United Kingdom Intellectual Property Office (UKIPO)
  2. Through the Madrid System.

Apply via UKIPO  Apply via the Madrid System

What to consider

Before applying, make sure you:

  1. Understand what's considered a patent is in the UK and if your idea is eligible for protection
  2. Consider whether you should apply for a patent in Australia first
  3. Know the cost of applying for a patent in the UK
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your idea hasn't already been protected in the UK. An IP professional can help you with this. 

How to apply

There are two ways to apply for a patent in the UK:

  1. Through the United Kingdom Intellectual Property Office (UKIPO)
  • If you have a provisional application, you'll need to file within 12 months to secure your priority date.
  1. Through the Patent Cooperation Treaty (PCT)
  • If you have an international application, you can apply to UKIPO and convert your application into a UK patent application. This is called 'entering the national phase'.

You may also be entitled to fast track examination under the Global Patent Prosecution Highway.

Apply via UKIPO  Apply via the PCT

What to consider

Before applying, make sure you:

  1. Understand what's considered a design right in the UK and if your design is eligible for protection
  2. Consider whether you should file your design right application in Australia first
  3. Know the cost of registering a design right in the UK
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design hasn't already been published in the UK. An IP professional can help you with this. 

How to apply

To register a design right in the UK, apply directly to United Kingdom Intellectual Property Office (UKIPO).

Apply via UKIPO

What to consider

Before applying, make sure you:

  1. Understand what's considered a PBR in the UK and if your plant variety is eligible for protection
  2. Consider whether you should apply for a PBR in Australia first
  3. Know the cost of registering a PBR in the UK
  4. Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR hasn't already been protected in the UK. An IP professional can help you with this. 

How to apply

To register a PBR in the UK, apply directly to the Animal and Plant Health Agency (APHA).

Apply via APHA

What other IP can you register?

The UK also administers IP right for geographical indications.

 Geographical indications

The UK GI Scheme is responsible for registering geographical indications in the UK.

What can be protected without registration?

Copyright

As in Australia, copyright in the UK arises automatically when creative material is made.

Integrated circuit layouts

In the UK, integrated circuit layouts are an unregistered right.

Trade secrets

There's no formal application or registration process for trade secrets in the UK.

Unregistered designs

In the UK, unregistered designs may be protected in certain circumstances.

What can't be protected?

Utility models

A utility model is a patent-like intellectual property right to protect inventions. In the UK, there's no formal protection for utility models.

Further guidance

  • To learn more about intellectual property in the UK, visit the Intellectual Property Office.
  • To find out more about the UK's World Intellectual Property Organization (WIPO) membership, check out the UK's WIPO member page.
  • If you're considering exporting to the UK, the Export Council of Australia provides information on licensing, clearances, access to finance and trade agreements.
  • For information about the UK's export market and economy, you can check Austrade and DFAT's profiles on the UK.
Our website uses cookies to improve your experience.
Learn more about how we use and collect data