Protect, commercialise and manage your patents

Patent disputes can be costly and time-consuming, but many can be resolved without going to court. Disputes typically arise in areas such as:

• patent infringement
• patent validity
• licensing
• patent ownership and entitlement
• opposition to patent applications
• breach of confidentiality or trade secrets
• post-grant patent amendments

To help businesses navigate these issues, the UK Intellectual Property Office (IPO) offers several alternative dispute resolution options. These can often resolve conflicts more quickly and at a lower cost than litigation.

IPO patent hearings

If a patent dispute arises, the IPO can hold a formal hearing to assess the issue. This can relate to patent applications or existing patents. There are two types of IPO patent hearings:

• Ex Parte hearings - if you disagree with an IPO decision on your patent (eg a rejected application), you can challenge it in a hearing
• Inter Partes hearings - if another party disputes your patent rights (eg infringement or ownership claims), the IPO will hear both sides before making a ruling

These hearings provide a structured way to settle disputes without going to court. Find out more about the IPO patent hearings.

IPO patent opinions

For disputes about infringement or validity, you can request an IPO opinion. This is a neutral, expert assessment by a senior examiner to decide:

• if a specific product or process infringes a patent
• if a patent is valid based on existing laws

While not legally binding, an IPO opinion can provide clarity and help businesses avoid unnecessary legal battles. It is often used as a basis for negotiation or settlement. Find out more about IPO patent opinions.

IPO mediation services

Mediation allows businesses to settle disputes privately and amicably, with the help of a neutral mediator. The IPO offers mediation services for disputes involving:

• patent infringement claims
• disagreements over licensing terms
• ownership disputes between co-inventors or businesses

Mediation is faster, cheaper, and more flexible than litigation and can help maintain business relationships. Read about IPO mediation.

Proving patent ownership

If someone challenges your right to a patent, you may need official documentation to prove ownership. The IPO can issue copies of your patent records, which you can use as evidence in disputes, licensing negotiations, or legal proceedings.

When patent litigation is necessary

Litigation should only be a last resort due to its expense and complexity. However, it can provide a binding outcome and significant damages if successful. Find out how litigation fits into your enforcement strategy.