Official Statistics

Facts and figures: patent, trade mark, design and hearing data: 2020

Published 27 July 2021

Note

This document is to be used in conjunction with the data download for patent, trade mark, design and hearing data for 2020 and provides further insight for these statistics.

1. Main points

• applications: The number of patent applications to the IPO has increased by 7.3% between 2019 and 2020. Trade mark applications increased by 27.4% to record levels of 137,035 applications in 2020. Design applications have also increased by 8.9% between 2019 and 2020
• registrations and grants: A record number of trade marks were registered in 2020, increasing 1.1% from 2019. Patent grants have increased by 64.3% between 2019 and 2020 due to a focus on the reduction of the backlog of examinations
• international: Across all intellectual property rights, the highest number of non-UK applications came from China, with the USA taking second place. The USA continue to represent the highest number of patent applications filed at the IPO by non-UK applicants
• oppositions and disputes: A total of 3,830 oppositions were filed in relation to trade marks (including Fast Track options) in 2020, forming the majority of disputes dealt with by the Intellectual Property Office

2. Facts and figures: patents, trade marks, designs and hearings

Table 1: Summary of all registered intellectual property rights

Intellectual Property Right	2015	2016	2017	2018	2019	2020
Patents [footnote 1] Applications Publications Grants	22,801 11,939 5,464	22,055 12,065 5,602	22,072 11,768 6,311	20,931 12,061 5,982	19,245 11,125 5,948	20,651 10,040 9,772
Trademarks [footnote 2] Applications Registrations	58,627 50,079	65,710 54,222	83,984 70,362	95,203 81,556	107,526 95,177	137,035 96,204
Designs Applications Registrations	6,472 5,690	10,030 8,481	19,269 17,195	26,164 24,425	28,895 27,589	31,460 27,220

Patents

Between 2019 and 2020, the number of patent applications to the IPO increased by 7.3% overall, with domestic applications increasing by 8.1% and PCT applications by 1.7% While the number of patent applications has generally decreased in recent years, the more notable drop in 2019 may be partially attributed to a number of factors, including a change in the application fee structure which was designed to discourage trivial applications (these occur when an application is filed, but the applicant does not request a search of their application); further research is required to determine the reasons behind the trend.

The number of patents published decreased 9.8% from 2019 to 2020. The number of patents granted increased by 64.3% from 2019 to 2020 overall, with domestic grants increasing by 47.7% and PCT grants increasing by 135.6%. This is due to an internal IPO initiative to reduce the backlog of outstanding examinations.

Figure 1: Patent grants have increased in 2020

A line graph showing the trends for patent applications, publications and grants from 2011 to 2020. In the last year, patent applications and grants have risen, with publications declining.

Notes

1. Patents filed directly at the IPO and Patent Cooperation Treaty (PCT) applications.

The majority of applications to the IPO are from UK-based applicants. In 2020 there were 11,957 domestic applications from UK residents, representing 57.9% of all applications received. The highest number of non-UK based applications came from the USA (2,391), China (1,647), and Japan (535).

Green Channel patents

The Green Channel for patent applications was introduced in 2009 and allows applicants to request accelerated processing of their patent application if the invention has an environmental benefit. The IPO received a record 402 applications through the Green Channel in 2020; the previous record was in 2017 with 382 applications.

Trade marks

In 2020, the IPO received a record 137,035 trade mark applications, a 27.4% increase from 2019. Both the number of applications and trade marks registered have been on the rise since 2011. The more significant increases seen since 2016 are believed to have been driven by three factors; the COVID-19 pandemic, a significant surge in applications from China, and what is suspected to be pre-emptive filings driven by the UK’s exit from the European Union.

In relation to the COVID-19 pandemic, an increase in applications coincided with the first lockdown in the UK, a period where many companies were diversifying as a response to the pandemic. The UK’s exit from the European Union has necessitated direct filing with the IPO in order to protect marks within the UK, with a number of these filings being pre-emptive prior to the 31st December 2020 deadline, with pending trade marks given up to 9 months to be transferred to the IPO.

Figure 2: Trade mark applications continue to increase

A line graph showing the trends for trade mark applications and publications from 2011 to 2020. In the last year, trade mark applications have risen, with registrations showing a smaller increase.

Notes

1. Domestic trade mark applications and International Registrations (excluding additional classes).

In 2020, there were 91,860 trade mark direct applications sent directly to the IPO (domestic applications) from UK-based applicants, and 26,929 direct applications to the IPO from non-UK-based applicants. In addition, there were 18,246 trade mark applications through the International Registration (IR) route. The highest number of non-UK based applications (domestic and IR) came from China, with 13,388 total applications.

Registrations of trade marks flattened in 2020, this was a result of the surge in trade mark applications which increased the backlog of work for trade mark examiners.

Registered trade marks provide protection within different classes of goods and services. For example, in the UK, the word ‘Polo®’ is protected simultaneously by different applicants in relation to different goods: a type of mint, a clothing brand and a model of car. The total number of classes in all applications in 2020 was 273,901, an increase of 22.5% from 2019.

Designs

Design applications to the IPO have seen a dramatic increase since 2015, with the number of applications growing 386% between 2015 and 2020. The process of applying for registered design protection with the IPO has changed in recent years, with a new fee structure coming into force in October 2016 and an online application form going live in October 2017. These changes were intended to make the process more straightforward and cost-effective for applicants and are likely to have contributed to increased filing activity. As of May 2018, the UK became a member of the Hague Agreement for International Registrations. These figures, 5,231 international applications for 2020, are now included within this publication, which accounts for a portion of the increased applications and registrations shown.

Figure 3: Design applications continue to increase

A line graph showing the trends for design applications and registrations from 2011 to 2020. In the last year, applications have increased, with registrations falling. A note is included to show the start of the International ”Hague” application route, which is from May 2018.

Notes

1. Designs registrations includes the international Hague applications and registrations. This is a route for applying for designs through WIPO, which the UK joined in 2018. This allows for a single international application filed with WIPO rather than a whole series of applications which would otherwise have to be filed with different national offices.

Designs applications have increased by 8.9% between 2019 and 2020, from 28,895 to 31,406. Of which, 21,307 design applications to the IPO were from UK-based applicants which accounted for 67.7% of applications in 2020. This was a decrease of 1% compared to 2019. Almost half of applications from other countries in 2020 were from China and the USA alone (2,826 and 2,155 respectively).

Hearings

In addition to processing and examining applications for intellectual property rights, the IPO also facilitates the resolution of IP disputes through hearings and tribunals. The IPO’s facilitation of hearings means that cases can be processed faster and gives businesses a more affordable dispute option than seeking redress through the courts. Cases relating to trade marks make up the largest proportion of hearings activity at the IPO. There was a total of 3,830 oppositions filed in relation to trade marks in 2020 (including Fast Track oppositions) and 664 ex parte hearings taken to challenge examiners’ objections to trade marks.

3. Facts and figures: patent, trade mark, design and hearing data 2020

The full dataset which contains further breakdowns of these data is available to download here.

4. Glossary

Patents

A patent protects inventions. It gives the right to take legal action against anyone who makes, uses, sells or imports it without the patent holder’s permission.

To be granted a patent, the invention must be all of the following: something that can be made or used, new, and inventive - not just a simple modification to something that already exists.

Patent cannot be granted for certain types of invention, including:

• literary, dramatic, musical or artistic works
• a way of doing business, playing a game or thinking
• a method of medical treatment or diagnosis
• a discovery, scientific theory or mathematical method
• the way information is presented
• some computer programs or mobile apps
• ‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties

Application

An application for a patent includes a full description of the invention (including any drawings), a set of claims defining the invention, a short abstract summarising the technical features of the invention.

Search

The IPO carries out a search to check whether the invention is new and inventive. The results of the search and any defects in the application are reported. Search reports can take up to 6 months.

Publication

Applications are published 18 months from filing or priority date, provided they are complete and pass the search.

Substantive examination

The examination checks whether an invention is new and inventive enough. It also checks that the description and claims match and are good enough to patent. The examination will show if an application meets the legal requirements. Examination of a patent application must be requested within 6 months of publication. Examinations can take place several years after the filing date of an application.

European patent protection

European patents (EP) can also provide protection in the UK. Applications can be made through the IPO or directly to the European Patent Office (EPO). Once granted an application becomes separate patents in the countries designated.

Patent Cooperation Treaty (PCT)

Patents providing protection in the UK may also be received by the IPO through the international route. International applications use the Patent Cooperation Treaty (PCT) to pursue patent rights across many countries from a single filing.

Trade mark

A trade mark is a sign which can distinguish goods and services from those of other traders. A sign includes, for example, words, logos, colours or a combination of these. A trade mark can be used as a marketing tool so that customers recognise products or services.

Trade marks are not granted for words, logos, colours or other signs which are unlikely to be seen as a trade mark by the public. For example, marks which describe goods or services or any characteristics of them (e.g. marks which show the quality, quantity, purpose, value or geographical origin of goods or services); terms that have become customary (e.g. technical terms that are in common use); terms that are not distinctive (e.g. promotional advertising slogans); or a combination of these.

Trade marks will not be granted if they are offensive (e.g. taboo swear words), against the law (e.g. promoting illegal drug use), or deceptive (e.g. there should be nothing in your mark which would mislead the public). In addition, IPO will object to marks that contain specially protected emblems (e.g. the Red Cross or Olympic symbols).

To be registrable, a trade mark must be distinctive for the goods and services that are applied for registration.

Design

A registered design protects the visual appearance of a product, part of a product, or its ornamentation. This can also apply to an industrial or handicraft item. This IP right gives no protection for how a product works but merely for its appearance. That appearance can be affected by a number of contributory features including: lines, contours, colours, shape, texture, material.

The protection lasts for five years and can be renewed every five years, for up to 25 years.

Hearings

Hearing

A hearing is an open attendance before a Hearing Officer at the IPO, which is normally open to the public.

An ex parte hearing is the name given to hearings held between a single party (either private individuals or firms) and the IPO. An ex parte hearing is a way of taking things forward with a patent application or granted patent. It allows the patent holder to explain their case in person to a ‘hearing officer’. The hearing officer is trained to be independent and to look at all sides of the arguments and make the final decision about the case.

An inter partes hearing is a hearing held between two or more parties who are in dispute over something to do with a patent. In the hearing, both sides will put their case to the hearing officer.

Opposition

An opposition is the procedure where a third party may formally object to an application for registration of a trade mark.

Further guidance relating to trade mark hearings, is available in the Trade marks tribunal: glossary of terms.

5. Data

Data source

The statistics in this release are produced using administrative data from the Intellectual Property Office (IPO), covering various aspects of IPO business. For patents, trade marks, and designs, snapshots of administrative databases for the calendar year 2020 were taken in March 2021 (the data snapshot for 2019 was captured in March 2020). Data relating to hearings activity are provided directly by the relevant teams within the IPO.

Coverage

Patent protection in the UK can also be obtained from the European Patent Office (EPO). Prior to 2021, trade mark and design protection was also available through the EU Intellectual Property Office (EUIPO), this route is no longer available. Statistics relating to the EPO and the EUIPO are not covered in this publication and as such, the statistics in this publication do not represent all intellectual property activity in the UK.

Quality

More quality and methodology information on strengths, limitations, appropriate uses, and how the data were created is available in the detailed guides relating to the use of patent and trade mark data.

6. Strengths and limitations

It is important to note that the IPO’s data is collected for business purposes, not statistical purposes, and it is therefore subject to a number of limitations from a statistical perspective.

Intellectual property (IP) statistics should not be used alone to describe the level of innovation in the UK, or as a measure of inventorship. See the patent guide, or the trade mark guide for information on the limitations of using patents and trade marks as proxies for measuring innovation.

Accuracy of the statistics

Administrative data at the IPO are generated through receipt of forms to the office, which can be filed online or in paper format. To compile statistics on the three registered intellectual property rights (patents, trade marks and designs), data are extracted from the relevant databases. The extraction of data is not performed immediately at the close of the calendar year but is delayed to allow for any necessary retrospective amendments to be made in the databases. This ensures that the statistics presented in this release have a higher level of accuracy.

Name consistency

Applicants are free to write their name as they choose, which can lead to variation over multiple applications. For example, one individual may write “Limited” as part of the company name on whose behalf they are applying, while another individual may use the abbreviation “Ltd.” on a later application for the same company. We therefore use probabilistic matching to produce the “Top 50” and “Top 10” tables in this release, aiming to group all variations of a company name together.

Address consistency

Applicants are free to write their address as they choose, which can lead to variation over multiple applications in a similar manner to names (please see above). The address listed on application may not represent the location of where the IP was generated. For example, a patent for a product invented in one location may be filed under a company headquarters address in a completely different location (which could be in a different country). Address data on trade mark and design applications represents the current address the rights owner wishes to use for correspondence. This may not be the address that the application was originally filed under.

“Rejected” patent applications

The IPO does not formally issue decisions rejecting patent applications. Furthermore, we do not associate withdrawals or abandonment with specific decisions. Applications that do not become granted patents include applications which had outstanding objections at expiry of the compliance period, applications withdrawn, and applications abandoned.

IP timelines

The applications granted/registered in a given calendar year often refer to applications filed in a previous year. It is therefore not possible to use the number of applications filed in 2018 and the number of grants/registrations in 2018 to calculate the proportion of “successful” applications.

Applicants’ characteristics

It is not a requirement for applicants to provide information such as sex, ethnicity, or disability status in order to obtain intellectual property rights, and these questions are not asked on our forms. We cannot provide statistics on the diversity of applicants; however, the IPO has published research into the gender of patent applicants using name-gender inference.

The IPO is responsible for copyright legislation in the UK but does not produce statistics on this intellectual property right as there is no copyright register. For further information, access the copyright page.

7. Related links

• Monthly statistics: Patents, trade marks, and designs: April 2021
• Facts and figures: patent, trade mark, design and hearing data 2019
• Trends at UK Intellectual Property Office 1995 to 2017

We are seeking feedback

We are always looking to improve our release for these statistics and datasets. Feedback on this release is welcomed at [email protected].

1. Patents filed directly at the IPO and Patent Cooperation Treaty (PCT) applications. ↩

2. Domestic trade mark applications and International Registrations (excluding additional classes). ↩