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16 July 2018Patents

UK trademark applications soar over 22-year period

The number of trademark applications filed at the UK Intellectual Property Office (IPO) last year was nearly triple the total filed in 1995, new statistics show.

According to “ Trends at UK Intellectual Property Office 1995 to 2017”, released on Friday, July 13, nearly 176,500 applications were filed in 2017, compared to 59,053 in 1995.

UK residents predominately drove the increase, with the number of filings from non-residents falling “quite considerably” in the early 2000s. According to the IPO, this was probably linked to the increase in applications to the European Union Intellectual Property Office (EUIPO).

Since then, applications from non-residents have remained relatively stable, although 2016 saw a significant increase, with their share of total applications rising to 12% (the year the UK voted to leave the EU).

Carrollanne Lindley, partner at Kilburn & Strode, said the increase reflects that the business world is still uncertain about how Brexit transition provisions will kick in.

She said: “The IPO has made it clear that they believe that the automatic translation of EU trademark registrations into UK registrations is in their gift and that they intend to be generous. What is not known is whether an eventual ‘no deal’ and a Brexiteer being placed in charge of the Department for Business, Energy and Industrial Strategy (which oversees the IPO) could wrench that gift from their hands.”

The average annual compound growth in trademark applications between 2010 and 2017 was almost 13%, with a growth of almost 30% between 2016 and 2017.

Since 2014, design applications have increased greatly—and in 2016 they reached the highest number (19,269) since 1995.

“Stakeholders suggest the additional increase in both trademarks and designs seen since the referendum is a result of uncertainty around European trademarks and designs post-EU exit,” said the IPO.

Robert Watson, partner at Mewburn Ellis, added: “As a similar trend has been observed in application for Community trademarks at the EUIPO, this rise must reflect a real rise in demand for registered brand protection.”

Patent applications made directly to the IPO have seen a gentle decline in recent years, from 26,624 in 1995 to 22,074 in 2017.

At the same time, applications filed at the European Patent Office (EPO) are continuing to increase, particularly those filed at the EPO designating the UK. According to WIPO statistics, on average, 94% of patents granted at the EPO between 1995 and 2016 designated protection in the UK.

Watson added that while the trend may reflect the shifting of the initial application to the EPO, there has also been a steady rise in international (PCT) applications entering the UK national phase.

He noted that “such applications may be from applicants choosing to avoid the EPO for obtaining protection in the UK market, perhaps because of delays or overly strict examination, particularly in certain subject matters”.

And these statistics don’t reflect the impact of the recent changes to UK patent application fees, which are “likely to lead to a reduction in self-filed patent applications”, he added.

In April 2018, the increases kicked in, with patent applications now costing £60 ($84), up from £20; the search fee has increased from £130 to £150.

UK residents continue to make up the greatest share of applications at the IPO, although the portion of non-residents is increasing and made up the greatest share yet in 2017 (40%).

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6 April 2018   Increases in patent fees at the UK Intellectual Property Office (IPO) have come into force today, as the office seeks to maintain “high quality, efficient services” for its customers.