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UK Summary
General
The UK is a member of the World Trade Organisation (WTO), and a party to the Paris Convention and the Agreement on Trade-related aspects of Intellectual Property Rights (TRIPS).
No Power of Attorney forms are required at the UK Patent Office, including the Trade Marks Registry and the Designs Registry.
Patents
The UK is a party to the European Patent Convention (EPC) and the Patent Co-operation Treaty (PCT).
The UK Patents Act 1977 requires absolute novelty (novelty measured against any disclosure made anywhere in the world) and inventive step in order for an invention to be patentable. There is no grace period regarding disclosures by the inventor prior to filing a UK patent application.
UK national patent applications can claim priority from earlier patent applications filed in or in respect of Paris Convention countries and WTO countries.
Trade Marks
The UK is a member of the European Union, and is therefore a party to the Community Trade Mark Regulation. The UK is a party to the Madrid Protocol.
A UK national trade mark application is examined on both absolute and relative grounds.
UK national trade mark applications can claim priority from earlier trade mark applications filed in or in respect of Paris Convention countries and WTO countries.
Registered Designs
The UK is a member of the European Union, and is therefore a party to the Community Designs Regulation.
The UK Registered Designs Act 1949 (amended) requires a design to be new (not published anywhere in the world prior to the application date) and have distinctive character in order to be registerable.
A 12 month grace period exists under which any disclosure of the design by the designer during the 12 months immediately preceding the filing date of the application does not affect the novelty of the design.
UK national registered design applications can claim priority from earlier registered design applications filed in or in respect of Paris Convention countries.
Copyright
The UK is a party to the Universal Copyright Convention, the Berne Convention, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
EP Summary
Patents
EPC:
The European Patent Convention (EPC) has 31 member countries plus 5 extension states, in which an invention can be protected by a single European patent application. European patents are granted by the European Patent Office and have the same legal effect as a national patent in each country for which they are granted.
The EPC requires absolute novelty (novelty measured against any disclosure made anywhere in the world) and inventive step in order for an invention to be patentable. There is no grace period regarding disclosures by the inventor prior to filing a European patent application.
A European patent application can claim priority from an earlier patent application filed in or in respect of a Paris Convention country, including an earlier European patent application and a PCT application.
An Authorisation of Agent form is only required in certain specific circumstances.
PCT:
The European Patent Convention is a regional treaty within the meaning of Art. 45(1) PCT. A European Patent Application can therefore be filed via the PCT by entering the European Regional phase at Chapter I or II of the PCT.
The deadline for entering the European Regional phase under Chapter I or Chapter II of the PCT is 31 months from the earliest priority date of the PCT application.
Trade Marks
Community Trade Mark:
A Community Trade Mark provides a single trade mark registration protecting a trade mark in all of the European Union countries (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden and United Kingdom).
A Community Trade Mark application can claim priority from an earlier trade mark registration or application filed in or in respect of a Paris Convention country or a WTO country.
A Community Trade Mark application can only contain a single trade mark, but may cover multiple classes; the basis filing fee covers up to 3 classes.
An Authorisation is only required to be filed when a change of Representative (Agent) occurs.
Madrid Protocol:
The European Union became a party to the Madrid Protocol on 1st October 2004. A Community Trade Mark application can therefore be obtained through a Madrid Protocol International trade mark application.
Registered Designs
A Community Registered Design provides a single design registration protecting a design in all of the European Union countries (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden and United Kingdom).
The Community Designs Regulation requires a design to be new (not published anywhere in the world prior to the application date) and have distinctive character in order to be registerable.
A 12 month grace period exists under which any disclosure of the design by the designer during the 12 months immediately preceding the filing date of the application does not affect the novelty of the design.
A Community Registered Design application can claim priority from an earlier registered design application or utility model filed in or in respect of a Paris Convention country or a WTO country.
A single Community Registered Design application can include as many designs as the applicant wishes, provided that the products to which the design is applied belong to the same Locarno class, i.e. that they related to the same type of goods.
No Authorisation Form is required for a Community Registered Design application. | 
