TRW & Co · Technology, Data & IP
Patent Lawyers in London
Patent lawyers in London help innovators protect inventions, secure ownership, license technology and resolve disputes in one of the world's leading patent forums. The Supreme Court's 2026 ruling on AI and software patentability, the UK's position outside the Unified Patent Court and London's role in global FRAND cases make it essential to revisit patent strategy now.
Key pointThe UK has no general grace period: showing an invention to investors, customers or a conference before filing can destroy patentability, so the first filing should come before the first pitch.
At a glance
Three tests for patentability
Under section 1 of the Patents Act 1977 an invention must be new, involve an inventive step and be capable of industrial application.
AI patentability reset
In Emotional Perception [2026] UKSC 3 the Supreme Court replaced the Aerotel approach and remitted the AI application to the IPO.
UK outside the UPC
Unitary patents and Unified Patent Court judgments do not cover the UK, so European patents should still be validated here separately.
Employee inventions rules
Section 39 decides whether employer or employee owns an invention; contractors and co-founders need written assignments to transfer their rights.
Patent Box at 10%
Qualifying companies can elect to pay corporation tax at 10% on profits attributable to patented inventions, subject to development conditions.
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What patent lawyers in London do
Patent lawyers in London help inventors, technology companies, manufacturers, universities and investors turn inventions into enforceable assets and then use, license, defend or sell them. A patent gives its owner the right to stop others making, using, selling or importing the protected invention in the territory where it is granted, for a limited period, in exchange for publicly disclosing how the invention works.
The legal work divides into three streams. Prosecution is the process of drafting and filing applications and arguing them through to grant, which is usually led by registered patent attorneys. Commercial work covers ownership, licensing, joint development, investment and M&A. Contentious work covers infringement claims, revocation actions, declarations of non-infringement and licensing disputes, including global standard-essential patent cases.
Patents become a board-level question when a company raises money on the strength of its technology, when a competitor launches a similar product, when an employee or university claims a share of an invention, and when a buyer's due diligence asks who owns the core IP and whether it is valid.
The UK patent framework
The Patents Act 1977 is the core statute. Under section 1, an invention is patentable only if it is new, involves an inventive step and is capable of industrial application, and it must not fall within the excluded categories, which include discoveries, mathematical methods, business methods and computer programs "as such". The Act applies across the United Kingdom, although infringement proceedings are brought in the courts of England and Wales, Scotland or Northern Ireland as appropriate.
Applications are examined by the Intellectual Property Office (IPO), which also offers a non-binding opinions service on validity and infringement. The UK is a member of the European Patent Convention, so a European patent granted by the European Patent Office can be validated in the UK and has the same effect as a UK patent. The UK also participates in the Patent Cooperation Treaty system for international applications.
The UK is outside the Unified Patent Court
The Unified Patent Court began operating in June 2023 for participating EU member states, but the UK withdrew from the project after Brexit. A unitary patent does not cover the UK, and UPC judgments do not bind UK courts. Businesses protecting inventions across Europe therefore need to plan for the UK separately, usually by validating a European patent here. Our guide to the Unified Patent Court explains what that means for litigation strategy.
Courts
Patent cases in England and Wales are heard by the Patents Court, part of the Business and Property Courts, or, for lower-value and simpler disputes, by the Intellectual Property Enterprise Court. Appeals go to the Court of Appeal and, with permission, the Supreme Court. The judges are specialists, and the courts have a reputation for thorough technical trials within a predictable timetable.
| Route | Where to file | Coverage | When it suits |
|---|---|---|---|
| UK national application | UK IPO | United Kingdom only | UK-focused businesses, or a first filing to secure a priority date at modest cost |
| European patent | European Patent Office | Any of the EPC states designated and validated, including the UK | Businesses selling across Europe that want one examination process |
| Unitary patent | European Patent Office | Participating EU states only, not the UK | Used alongside a UK validation for pan-European protection |
| PCT international application | A receiving office such as the UK IPO | Keeps options open in many countries before national phase | Businesses that need time to test markets and raise funds before committing to country-by-country costs |
Patentability, software and AI after Emotional Perception
For software and AI inventions, the most important recent development is the Supreme Court's decision in Emotional Perception AI Ltd v Comptroller-General of Patents [2026] UKSC 3. The court departed from the four-step Aerotel approach that UK examiners and courts had applied to computer-implemented inventions for nearly two decades.
Under the revised approach, the first question is whether the claimed invention has technical character, a threshold that is readily met where technical means such as a computer are involved. Features that do not contribute to that technical character are then set aside before novelty and inventive step are assessed. The application was remitted to the IPO rather than granted, so the decision changes the route to the answer rather than guaranteeing patents for AI systems.
For clients, the practical consequences are that UK practice is now closer to the European Patent Office's approach, that some applications previously refused on exclusion grounds may be worth reconsidering, and that drafting should focus on the technical contribution of the invention. Our artificial intelligence lawyers work with patent attorneys on these questions.
Novelty and disclosure
The UK has no general grace period. If an inventor publishes, presents or sells the invention before filing, that disclosure can destroy novelty. The limited exceptions, such as disclosure in breach of confidence, are narrow. Patent lawyers in London therefore insist on confidentiality agreements and an early filing strategy before any investor pitch, conference paper or customer trial.
File first, talk later. A priority filing at the UK IPO is relatively inexpensive and secures a date from which you have twelve months to decide where else to file. Many valuable inventions have been lost because a founder demonstrated a prototype before an application was on file.
Ownership, employees and commercialisation
Who owns the invention
Under section 39 of the Patents Act 1977, an invention made by an employee belongs to the employer if it was made in the course of the employee's normal or specifically assigned duties and an invention might reasonably be expected to result, or if the employee had a special obligation to further the employer's interests. Otherwise it belongs to the employee. Contractors, consultants, co-founders and university collaborators are not employees, so ownership depends on written assignments.
Section 40 allows an employee to claim compensation where the invention or patent is of outstanding benefit to the employer. Claims are rare and difficult, but they do succeed, and they are a diligence point for buyers.
Licensing and collaboration
Licences can be exclusive, sole or non-exclusive, and can be limited by field, territory or time. Key terms include royalty structures, improvements, enforcement rights, sublicensing and what happens on a change of control. Our article on assignments versus licences explains the choice. Joint development agreements need careful drafting on background and foreground IP, publication rights and who files and pays for applications.
Tax and investment
The Patent Box lets qualifying companies elect to pay corporation tax at a reduced rate of 10% on profits attributable to patented inventions, subject to conditions about development activity. Investors, meanwhile, will want to see clean ownership, freedom-to-operate analysis and a filing strategy that matches the commercial plan.
A patent is only as valuable as the chain of title behind it and the business's ability to enforce it in the markets that matter.
Infringement, validity and FRAND disputes
Disputes are where the quality of earlier work is tested, and patent lawyers in London usually start by reviewing the prosecution history, ownership records and licence terms before advising on merits. Infringement is defined in section 60 of the Act and covers making, disposing of, offering, using, importing or keeping a patented product, and equivalent acts for processes. Indirect infringement can arise from supplying means essential for putting the invention into effect. Since the Supreme Court's decision in Actavis v Eli Lilly in 2017, UK courts also consider whether a variant infringes because it achieves substantially the same result in substantially the same way as the claimed invention.
The almost universal response to an infringement claim is a counterclaim for revocation, arguing the patent is invalid for lack of novelty, obviousness, insufficiency or added matter. A business planning a launch can also seek a declaration of non-infringement or revocation proactively to clear the way. The rules on unjustified threats, found in sections 70 to 70F of the Act, restrict who can be sent a warning letter and what it may say, so letters must be drafted with care.
Standard-essential patents
London has become a leading forum for disputes about patents essential to telecoms and other technical standards. In Unwired Planet v Huawei [2020] UKSC 37, the Supreme Court confirmed that English courts can determine the terms of a global FRAND licence. The Court of Appeal has since been willing to declare that a willing licensor would grant an interim licence pending a full FRAND determination, as in Panasonic v Xiaomi [2024] EWCA Civ 1143. Our IP litigation team handles these cases.
How a patent matter typically runs
Whether you are building a portfolio or facing a dispute, patent lawyers in London follow a broadly similar sequence. The steps below describe a typical path from invention to enforcement.
- Capture and protect the invention. Record inventorship, check contracts and assignments, and keep the invention confidential until filed.
- Priority filing. File a first application, usually at the UK IPO or EPO, with patent attorneys drafting claims around the technical contribution.
- International strategy. Within twelve months decide on PCT or direct national and regional filings, aligned with markets, manufacturing and competitors.
- Examination and grant. Respond to search and examination reports, amend claims where needed and monitor third-party observations or oppositions.
- Exploit the portfolio. License, cross-license or assign patents, use them in fundraising, and consider Patent Box elections.
- Monitor and enforce. Watch competitors, investigate suspected infringement, send compliant letters and, if needed, issue proceedings in the Patents Court or IPEC.
- Defend and settle. Prepare for revocation counterclaims, consider mediation and structure settlement or licence terms that protect the business.
Documents and evidence patent lawyers in London will ask for
Good records make every stage cheaper and more certain. For ownership and transactions, assemble invention disclosure forms, lab notebooks or version control histories, employment and consultancy contracts, assignments from founders and contractors, university or grant agreements and existing licences.
For disputes, the key materials are the patent and its prosecution file, the product or process description of the alleged infringement, prior art searches, sales and launch data, and internal communications about the technology. In England and Wales, patent proceedings use a modified disclosure regime, and defendants usually provide a product and process description instead of wide document disclosure. Expert evidence on the common general knowledge of the skilled person is central, so early identification of suitable experts matters.
For licensing and FRAND disputes, add the licence history, comparable licences, royalty reports, standard-setting declarations and the negotiation correspondence. Courts look closely at how each side behaved in negotiations, so a clear record of offers and responses can influence both the outcome and costs.
Common risks and mistakes
Disclosing the invention before filing
Pitch decks, conference talks, academic papers, trade show demonstrations and even customer trials can be novelty-destroying disclosures if they happen before an application is filed. Unlike some jurisdictions, the UK has no general grace period to rescue an inventor who publishes first. Confidentiality agreements help but are not a complete answer if a disclosure becomes public. Build filing into product and fundraising timetables, and check with patent attorneys before any external presentation of new technology.
Leaving ownership gaps
Founders who invented before incorporation, contractors, overseas developers and university collaborators often retain rights unless they sign written assignments. These gaps tend to surface at the worst time, in investor or buyer due diligence or when an infringer challenges the claimant's standing. Fixing them later may require payment or may be impossible if relationships have soured. Audit the chain of title for every core patent family and remedy gaps while parties are still cooperative.
Sending an unjustified threat
A warning letter sent to the wrong person, such as a retailer rather than a manufacturer or importer, or one that goes beyond permitted communications, can expose the patent owner to a threats action for an injunction and damages. The statutory regime allows certain communications for legitimate purposes, such as giving notice that a patent exists, but the line is technical. Have letters reviewed before they are sent, and consider whether to approach the manufacturer or importer first.
Ignoring validity risk in your own patent
Enforcing a patent invites a revocation counterclaim, and a patent that is found invalid cannot be asserted against anyone. Before suing, commission an honest validity review, consider whether amendments would strengthen the claims, and weigh the risk to licensing revenue from other parties. Sometimes a narrower claim that is clearly valid and infringed is worth more than a broad claim that may fall.
Treating the UK as covered by a unitary patent
Since the UK is outside the Unified Patent Court and the unitary patent system, a business that relies only on a unitary patent has no protection in the UK. Make sure European patents are validated in the UK where it matters, keep renewal fees paid in each country, and plan separately for UK enforcement. Licences and portfolio schedules drafted before 2023 may also need updating to reflect the new European landscape.
Cross-border angle: Europe, Bangladesh, China, Singapore and the Gulf
Patents are territorial, so cross-border strategy is unavoidable, and patent lawyers in London often coordinate filings and licensing across several offices at once. Most international clients combine a European patent validated in the UK and key EU states, possibly a unitary patent, and national filings in the US, China and other manufacturing or sales markets. The twelve-month priority period is the main planning window.
For businesses connected with Bangladesh, TRW & Co's home jurisdiction, patent protection is now governed by the Bangladesh Patent Act 2023 and administered by the Department of Patents, Industrial Designs and Trademarks. The pharmaceutical sector has historically relied on flexibilities available to least developed countries, and Bangladesh's graduation from that status changes the landscape for licensing and generics. Our Dhaka team advises on local filings, and our UK–Bangladesh corridor team coordinates technology transfers between the two markets.
Clients manufacturing in China or selling into Singapore and the Gulf should also consider local filings, local enforcement options and, for supply chains, contractual protections that do not depend on patents alone. We work with local counsel and our offices in Singapore, Dubai and China to align strategy.
How TRW & Co helps
Our patent lawyers in London focus on the legal and commercial side of patents: ownership, transactions and disputes. We work alongside registered patent attorneys, who lead drafting and prosecution, so that filing strategy and commercial goals stay aligned. The team sits within our wider intellectual property practice and works with our technology lawyers.
Ownership and chain of title
We audit inventorship and ownership, prepare assignments from founders, contractors and collaborators, and resolve disputes about who owns an invention.
Licensing and collaboration
We draft and negotiate licences, joint development agreements, university spin-out terms and technology transfers, including royalty and improvement provisions.
Transactions and investment
We run patent due diligence for investors and buyers, and prepare sellers so that their portfolios stand up to scrutiny.
Disputes and FRAND
We advise on infringement, validity, threats and FRAND disputes in the Patents Court and IPEC, and on mediation and arbitration. Where advocacy in the higher courts is required, we instruct specialist counsel.
To discuss an invention, licence or dispute, contact our London office or see all our practices. Our guide to applying for a UK patent covers the filing process step by step.
Checklist for decision-makers
- Do we have signed assignments from every founder, employee, contractor and collaborator who contributed to our core inventions?
- Is every new invention filed before it is disclosed to investors, customers or the public?
- Does our international filing strategy match where we manufacture, sell and face competitors, including the UK separately from the UPC?
- Have we reconsidered software and AI inventions in light of the Supreme Court's 2026 decision?
- Are renewal fees diarised and paid in every country that matters?
- Have we assessed freedom to operate before a major launch?
- Are our licences clear on improvements, enforcement and change of control?
- Have we considered whether the Patent Box applies to our profits?
A short review by experienced patent lawyers in London can often identify ownership gaps and filing risks before they become expensive.
Frequently asked questions
01Do I need a patent attorney or a patent lawyer?
Usually both, at different stages. Registered patent attorneys specialise in drafting and prosecuting applications before the IPO and the European Patent Office. Patent lawyers in London focus on ownership, contracts, transactions and litigation, and conduct proceedings in the courts. For a start-up filing its first application, a patent attorney leads. For licensing, fundraising, a dispute or due diligence, solicitors are central, working with the attorneys who know the file. We work with registered patent attorneys so clients get joined-up advice.
02Can I patent software or an AI model in the UK?
Possibly. Computer programs are excluded from patentability only to the extent the claim relates to a program as such. Following the Supreme Court's decision in Emotional Perception in 2026, the first question is whether the claimed invention has technical character, which is readily satisfied where a computer or other technical means is involved. Features that make no technical contribution are then disregarded when assessing novelty and inventive step. Well-drafted claims that focus on a technical effect, such as improved processing or a technical application, have the best prospects.
03How long does a UK patent last?
A UK patent can last up to 20 years from the filing date, provided renewal fees are paid each year once they fall due. If renewal fees lapse, the patent ends, although there is a limited window to pay late and, in some cases, to apply for restoration. For medicines and plant protection products, a supplementary protection certificate can extend protection for up to five years to compensate for time lost obtaining regulatory approval.
04Does a European unitary patent protect my invention in the UK?
No. The unitary patent and the Unified Patent Court system cover participating EU member states only. The UK withdrew from the project. To protect an invention in the UK through the European route, a European patent must be validated in the UK, where it takes effect as a UK patent and is enforced in the UK courts. Many businesses therefore combine a unitary patent for participating EU states with separate validations in the UK and other non-participating countries.
05An employee invented something valuable. Who owns it?
Under section 39 of the Patents Act 1977, the employer owns inventions made in the course of the employee's normal duties, or duties specifically assigned, where an invention might reasonably be expected to result, and inventions made by employees with a special obligation to further the employer's interests. Other inventions belong to the employee, and contracts cannot reduce the employee's statutory rights. Under section 40, an employee may claim compensation if the invention or patent is of outstanding benefit to the employer, having regard to its size and nature.
06I have received a letter alleging patent infringement. What should I do?
Do not ignore it, but do not admit infringement or change your product without advice. Check whether the patent is in force in the UK, what the claims actually cover and whether your product falls within them. Assess validity, because a revocation counterclaim is often the strongest response. Consider whether the letter is an unjustified threat, which may give you a claim of your own. Preserve documents, notify insurers and check supplier indemnities. A measured response within the stated deadline keeps options open.
07How are patent disputes decided in London?
Most cases are heard in the Patents Court, with technical trials by specialist judges, written expert evidence and cross-examination. Smaller and simpler cases can go to the Intellectual Property Enterprise Court, which has caps on recoverable costs and damages. The court decides infringement and validity together, and can grant injunctions, damages or an account of profits, and declarations. In standard-essential patent cases, the English courts can determine the terms of a global FRAND licence. Many cases settle, sometimes after mediation.
Sources and official materials
- Patents Act 1977 — UK patent legislation
- Intellectual Property Office (GOV.UK) — UK patent office and opinions service
- Patent your invention (GOV.UK) — Official guidance on applying for a UK patent
- Emotional Perception AI v Comptroller-General [2026] UKSC 3 — Supreme Court on patentability of AI inventions
- Unwired Planet v Huawei [2020] UKSC 37 — Global FRAND licence determination
- Corporation Tax: the Patent Box (GOV.UK) — HMRC guidance on the 10% Patent Box rate
- European Patent Office — European patents and unitary patents
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.