Protect, commercialise and manage your patents

Monitoring and challenging patents

Guide

Monitoring patents helps protect your business, avoid legal risks, and stay competitive. The UK Intellectual Property Office has developed tools and processes to help you stay informed and take action when needed, such as requesting caveats, filing observations, requesting objections, opinions on validity, and revocation.

Monitor competing patents and inventions

Keeping track of patents allows you to spot new filings, track competitors' innovations, and ensure your own rights are not infringed. You can use the IPO's search tool to monitor patents relevant to your business.

Check patent search reports

Patent search reports provide valuable information about existing patents or applications. These reports reveal if a similar invention exists, if the IPO requested changes to a patent's claims, and if any prior art could affect the validity of a patent. By reviewing search reports, you can assess the patent landscape and avoid conflicts.

Request a caveat

A caveat is a request for the IPO to notify you of specific actions taken on a patent, such as publication, withdrawal, or changes to ownership. This helps you stay updated on patents that could impact your business without needing constant manual checks. See how to register a caveat with the IPO.

Object to patent applications

If a competitor files a patent that could harm your business, you can file an objection. You can object on the following grounds:

  • the invention isn't new (prior art exists)
  • it lacks an inventive step
  • the specification is unclear or incomplete

Your objection must include supporting evidence, such as published documents or proof of prior use. See how to oppose a patent application.

File patent observations

You can file observations to highlight why a patent application shouldn't be granted. Observations focus on issues like the invention not being novel, or the claims being too broad or obvious. These observations must be submitted during the IPO's examination process, and while they're non-binding, they can influence the IPO's decision. Learn how to make patent observations.

Opinions on entitlement or validity of a granted patent

If you believe a patent is invalid or wrongly granted, you can request an official opinion from the IPO. This process is quicker and cheaper than legal proceedings and can address patent validity issues (such as the lack of novelty), or ownership disputes over who is entitled to the patent. Opinions are not legally binding but can provide clarity and help in negotiations or for planning further action.

Revoking or invalidating a patent

If a granted patent affects your business, you can apply in court to have it revoked. Common reasons for revocation include:

  • the invention isn't new or lacks inventive steps
  • the patent owner wasn't entitled to the application
  • the specification is insufficient or inaccurate

Other grounds exist which may apply in rarer circumstances. You can read more about the IPO's power to revoke patents on application.

Revocation is a serious step, often used as part of a counterclaim in infringement disputes. You should get legal advice before pursuing this route. Keep in mind that court litigation is typically more expensive, time-consuming, and stressful than other ways of resolving patent disputes.