If you’re planning to file a patent application outside the UK and any of the inventors or applicants are UK residents, special permission from the UK Intellectual Property Office (UKIPO) may be needed unless an earlier patent application for the same invention was filed more than six weeks previously at the UKIPO.

The earlier filed patent application could be a UK patent application, a European patent application, or an international (PCT) patent application filed at the UK Intellectual Property Office UKIPO.

A foreign filing permit is needed if you haven’t filed in the UK first and your invention includes information that:

• relates to military technology or could be a risk to national security if made public, or
• could be prejudicial to the safety of the public if made public.

In many cases, it may be obvious if your invention relates to military technology — for example if you have worked with the Ministry of Defence or the armed forces to develop your invention.  In such cases, you should obtain a foreign filing permit before filing any applications overseas.

The UKIPO considers ’public safety’ to mean serious and deliberate threats, not accident or unsafe use of otherwise ordinary inventions. This being the case, foreign filing permits are not needed for ordinary inventions that could cause harm if misused (like a sharp tool).

Consequences of contravening the restrictions

Anyone who knowingly or recklessly contravenes the UK’s first filing restrictions may face financial penalties or up to two years in prison.  The process of applying for a foreign filing permit is relatively straightforward so, if there is any doubt as to whether your invention relates to the above technologies, we advise applying in cases of doubt.

Please contact our experienced patent attorneys to discuss whether a foreign filing permit is required for your invention.