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Expanding the reach of a UK or EP(UK) Patent

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It is well known that granted United Kingdom (UK) patents, whether nationally or via a European Patent covering the UK (EP(UK)), provide coverage across all of the UK – i.e. in England, Wales, Scotland and Northern Ireland (including UK territorial waters and air space). However, in addition to the standard routes of achieving patent protection for inventions in further countries (via direct national filings or multi-national filing systems such as the International PCT system or the European Patent Convention (EPC)), it is important to note from a commercial filing strategy perspective that agreements are in place with several British and ex-British territories, that allow the registration  of a granted UK patent.  For relatively low costs,  and often a straightforward registration procedure the  territorial cover can be extended beyond just the UK*. 

Where can UK Patent rights be extended to?

·       Automatic extensions

The protection of a granted UK patent automatically extends to the British Indian Ocean Territory and the Isle of Man.

·       Hong Kong Special Administrative Region (Hong Kong SAR)

A UK patent can be re-registered in the Hong Kong SAR following independence from the UK. The procedure for this is quite different to that  required for the territories listed in the next section, with the first Hong Kong SAR stage needing completion while the application is still pending. Requests must be filed within the six months following the publication of the patent application. In the second stage of the process, registration must be requested within six months of the date the patent is granted in the UK or EP(UK).

·       Post-grant patent registration

The  territories listed in the table below allow the re-registration of patents granted in the UK. Bespoke formalities apply for each of these territories and also there are differences between allowing the registration of UK and/or EP(UK) patents as detailed below. The procedures generally involve submitting the patent proprietor details, a certified copy of the UK/EP(UK) patent, paying fees and in some instances a power of attorney is needed. The protection in the extra territories then generally expires with the expiry of the UK or EP(UK) patent.

Territory

Whether UK and/or EP(UK) patents can be registered

Registration deadline

Anguilla

UK and EP(UK)

Within 3 years of grant

Bermuda

UK and EP(UK)

Within 3 years of grant

British Virgin Islands

UK and EP(UK)

Within 3 years of grant

Cayman Islands

UK and EP(UK)

Anytime during the lifetime of the granted patent

Falkland Islands

UK and EP(UK)

Within 3 years of grant

Fiji

UK and EP(UK)

Within 3 years of grant

Gambia

UK and EP(UK)

Within 3 years of grant

Gibraltar

UK and EP(UK)

Within 3 years of grant

Grenada

UK and EP(UK)

Within 3 years of grant

Guernsey

UK and EP(UK)a

Anytime during the lifetime of the granted patent

Guyana

UKb

Within 3 years of grant

Jersey

UK and EP(UK)

Within 3 years of grant

Kiribati

UK and EP(UK)

Within 3 years of grant

Montserrat

UKb

Within 3 years of grant

Nauru

UKb

Within 3 years of grant

Saint Lucia

UK

Within 3 years of grant

Saint Vincent

EP(UK)

Within 3 years of grant

Seychelles

UKb

Within 3 years of grant

Sierra Leone

UKb

Within 3 years of grant

Solomon Islands

UK and EP(UK)

Within 3 years of grant

Zanzibar

UK

Within 3 years of grant

Turks and Caicos Islands

UK and EP(UK)

Within 5 years of grant

Tuvalu

UK and EP(UK)

Within 3 years of grant

Vanuatu

UK, also EP(UK) provisions will shortly be in force as well

Within 3 years of grant

aPCT applications filed after 1 January 2021 subsequently granted in the UK will automatically also extend to patent protection in Guernsey.

bUKIPO website stated no information was available regarding EP(UK) for these territories at the time of writing this article

Interested in benefitting from the above?

Considering the usually straightforward nature of achieving the extended protections above, it may well be worth registering  UK or EP(UK) patents in these countries to help with further returns on investment.  Patent Attorneys at ip21 will be happy to take you through the process and please don’t hesitate to get in touch at info@ip21.com or visit us at www.ip21.com for more information.

* The information was assembled from the guides available at the UKIPO as of August 2025 and applies to patents only. If any of these territories are of interest, please let us know so that we can confirm the current rules and guidelines with local attorneys.

 


Written by Rachel Daniel for ip21 Ltd

October 2025