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Patents are a cornerstone of innovation – they protect your new ideas, reward your hard work, and can turn a clever invention into commercial success. But once you’ve secured a patent, how long do you actually have before competitors can legally copy your creation? If you’re asking yourself “how long does a patent last in the UK?”, you’re in the right place.
Whether you’re a startup founder, an SME owner, or someone with an innovative side hustle, knowing the lifespan of a patent is essential for planning your business’s future. In this guide, we’ll explain everything you need to know about patent duration, renewal requirements, possible extensions, and what happens when your patent expires – all with a clear, practical style that demystifies British patent law.
Let’s break down how patent protection works in the UK, so you know exactly what to expect – and how to make the most of your intellectual property rights.
How Long Does A Patent Last In The UK?
Put simply, a standard UK patent can last for up to 20 years from the date of filing your application with the UK Intellectual Property Office (UKIPO). This is the case for most inventions and is the maximum period of exclusive protection available under British patent law.
However, that “up to” is important – you’ll need to actively maintain your patent for it to reach its full term. Here’s how it works:
- Initial protection: Once your patent is granted, you typically have exclusive rights to your invention for a period of 20 years from your application date.
- Annual renewals: To keep your patent in force, you must pay renewal fees to UKIPO every year, starting from the fourth year after filing. If you don’t renew, your patent could lapse early.
- Early expiry: If you miss a renewal payment (and the subsequent six-month grace period), your patent ends and your invention falls into the public domain, meaning anyone can use it without your permission.
- Extensions (exceptional cases): Certain pharmaceutical and plant protection inventions may qualify for a Supplementary Protection Certificate (SPC), granting up to five extra years of exclusive protection (we’ll explain this in detail later).
In summary, “how long does a patent last UK?” The standard answer is 20 years, provided you keep up the annual renewals. Most patents do not last longer than this, unless you fall into a specialist category with regulatory delays.
What Can Be Patented Under British Law?
Not every idea can be protected by a patent. UK patent law is strict about what qualifies, and being familiar with these rules is the first step to avoiding wasted time (and fees).
To be eligible for patent protection, your invention must meet three key criteria:
- Novelty: Your invention must be new – it can’t have been publicly disclosed anywhere in the world before your filing date. That includes scientific journals, public demonstrations, or even your own website. Once an idea is public, it’s usually no longer patentable.
- Inventive step: The invention must not be an obvious modification of something that already exists. There has to be an element of originality or innovation that wouldn’t be clear to someone skilled in that technical field.
- Industrial applicability: The invention has to be something practical that can be made or used in industry (not just a theoretical idea).
On the other hand, the following cannot be patented in the UK:
- Scientific theories or mathematical methods
- Artistic, musical, or literary creations (these are usually covered by copyright)
- Methods for performing mental acts, playing a game, or doing business
- Ways of presenting information
If you want to go deeper into what counts as patentable (and what doesn’t), our detailed patent guide offers a comprehensive breakdown.
Do You Need To Renew A Patent In The UK?
Yes, keeping your patent alive takes ongoing effort. Unlike some other intellectual property (like copyright), patent protection isn’t automatic for the full term once granted. Here’s what you need to know:
- The first renewal fee is due at the beginning of the fourth year from your application date.
- From then on, renewal fees must be paid each year to UKIPO. They tend to increase as time goes on – starting low but getting steeper each year up to the twentieth (final) year.
- If you fail to pay a renewal fee by the deadline, there’s a six-month grace period with an additional penalty. Miss that too, and your patent will lapse permanently.
The logic behind annual renewals is to encourage patent owners to actively use their inventions, rather than sitting on unused patents that could stifle new innovation. If an invention is no longer valuable to its owner, it can fall into the public domain sooner, where others can make use of it.
Tip: To avoid administrative headaches (or accidental lapses!), many inventors and businesses set up renewal reminders or use special services to handle their renewals.
If this sounds daunting, don’t worry – a patent lawyer can help you navigate renewals as part of a broader IP management strategy.
Can You Extend Patent Protection Beyond 20 Years?
In most cases, you cannot extend a UK patent beyond the standard 20 years. However, there’s a very important exception for inventions relating to certain pharmaceuticals or plant protection products.
These types of inventions often face long delays getting regulatory approval before they can be sold to the public. To compensate, you can apply for a Supplementary Protection Certificate (SPC) which gives a further period of up to five years of protection for the product (not the patent itself).
- SPCs are not available to all patents – only those covering specific medicinal or plant protection products that needed approval before market launch.
- The extension is designed to cover the “gap” between patent grant and the product finally being authorised for sale.
- During the SPC period, you retain the right to stop others making, selling, or importing the protected product (just as you did with the original patent).
If you think your invention might qualify, we strongly recommend talking to an experienced IP lawyer early on, as the rules and timing for SPC applications are strict.
What Happens When A Patent Expires?
When a UK patent’s term ends (either naturally, or through early lapse for non-renewal), the invention enters the public domain. This has some important implications:
- Anyone – including your competitors – can now use, manufacture, sell, or import your previously protected invention, without needing your consent or paying royalties.
- Your exclusive rights are over, and you can’t sue for infringement related to uses after the patent’s expiry.
- Past infringement (while the patent was live) can still be enforced retrospectively, but only for actions that happened before expiry.
Patent expiry is a well-known event in many industries – watch any new generic medicine launch, and you’ll see what happens the moment a “blockbuster” drug’s patent term is up. From a business perspective, planning ahead for what happens after patent expiry is just as important as getting those initial years of protection right.
Remember: while patents have a built-in expiry, other forms of intellectual property (like trade marks and copyright) can last much longer – sometimes indefinitely, with proper management. To learn more about protecting your other IP assets, see our guide.
Why Are Patents Limited To 20 Years?
You might be wondering – why don’t patents last forever, or at least as long as you want? The answer comes down to a balancing act between rewarding innovation and encouraging competition.
- Reward & incentive: Patents give inventors a time-limited monopoly, letting you reap the rewards for your work. That incentive is considered enough to encourage people to invest in developing new ideas.
- Promoting progress: The deadline ensures that, after a certain time, others can freely use the invention, leading to broader access, cheaper prices, and fresh innovation building on what came before.
- Discouraging “patent trolls”: Annual renewals and time limits discourage the practice of acquiring patents just to block others or extract fees, rather than to develop new technology.
This system is mirrored in nearly all developed countries, including those signed up to the European Patent Convention (EPC). While procedures or terminology may differ, the basic principle – 20 years of protection with annual renewals – is the global norm.
Common Questions About Patent Duration
Does A Patent Give Me Worldwide Protection For 20 Years?
Not automatically. A UK patent only protects you within the United Kingdom. If you want overseas protection, you’ll need to apply for patents in each country of interest (or use regional/global patent systems). Learn about international patents if you’re eyeing global markets.
Can My Patent Lapse Before 20 Years?
Yes – if you miss a renewal payment and the grace period, your patent will end early. That’s why it’s crucial to track payment deadlines carefully.
If My Patent Expires, Can I Get It Back?
Once a patent has fully expired (including any grace period), it cannot be revived. The invention is now public and available for anyone to use. However, if you missed a renewal only recently, UKIPO may allow restoration in special circumstances – but act fast and seek advice!
Can I Sell, Assign, Or License My Patent During Its Life?
Absolutely. Patents are valuable intellectual property and can be sold, licensed, or used as collateral, just like other assets. These deals must be properly documented – check out our IP Assignment services for more on this.
Protecting Your Patent: Next Steps And Practical Advice
If you’re developing a new product or process and considering whether to patent it, here’s what we suggest:
- Assess patent eligibility: Make sure your idea is genuinely new/novel and meets the inventiveness threshold. Avoid public disclosure before filing.
- Prepare your application with care: Clearly describe (and, where possible, “claim”) the invention in detail – errors here can cost you later. It’s wise to consult an IP lawyer for drafting or reviewing your patent documents.
- Plan for renewals: Mark your calendar, budget for the growing fees, and set up systems to avoid unintentional lapses. If you manage multiple patents, consider professional portfolio management.
- Think strategically: As expiry approaches, consider how you’ll continue to commercialise your product, perhaps by leveraging associated trade marks or confidential know-how/technology.
Patenting is not always simple (or cheap), but it can be incredibly valuable – especially if you invest upfront in getting the process right.
Key Takeaways: Patent Duration In The UK
- A standard UK patent gives you exclusive rights for up to 20 years from your application date, subject to annual renewals.
- Annual renewal fees must be paid to keep your patent in force; failure to do so will result in expiry before the 20-year maximum.
- Special cases (certain pharmaceuticals and plant products) may qualify for up to five extra years of protection via a Supplementary Protection Certificate (SPC).
- Once a patent expires or lapses, the invention becomes public, and anyone can use or commercialise it legally.
- Proper planning, ongoing management, and legal advice are essential for getting the most out of your patent rights in Britain.
If you want expert help with UK patent applications, renewals, or managing your intellectual property portfolio, the Sprintlaw team is here to help.
Call us at 08081347754 or email [email protected] for a free, no-obligations chat about your patent strategy.
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