UK vs US IP Protection: Key Differences You Need to Know
Operating across the UK and US? The two systems share principles but differ in critical ways — from patent filing to trade secret law. Here's what matters for protecting your IP in both jurisdictions.
Key Takeaway
The UK and US have different patent systems (first-to-file vs first-inventor-to-file), different copyright registration approaches, and different trade secret statutes — but both recognise blockchain timestamps as evidence. Using blockchain timestamping is one of the few IP strategies that works identically in both jurisdictions.
Side-by-Side
UK IP Protection vs US IP Protection: Quick Comparison
| Factor | UK IP Protection | US IP Protection |
|---|---|---|
| Patent system | First-to-file | First-inventor-to-file (AIA 2011) |
| Patent cost | £5,000-£15,000 (UK only) | $10,000-$30,000+ (USPTO) |
| Software patents | Largely excluded | Available (with limitations) |
| Trade secret law | Trade Secrets Regs 2018 | DTSA 2016 |
| Copyright registration | Not required (automatic) | Required for US lawsuits |
| Design protection | Registered + unregistered rights | Design patents |
| Grace period (patents) | None — any disclosure kills novelty | 12-month grace period |
| Blockchain evidence | Accepted (Civil Evidence Act) | Accepted (Federal Rules) |
| Cross-border enforcement | UK courts only | US courts only |
Detailed Analysis
Understanding Each Option
UK IP Protection System
The UK IP system is governed by the Intellectual Property Office (IPO), EU-derived regulations, and common law. It offers a comprehensive framework including patents, trade marks, registered designs, copyright, and trade secrets.
Advantages
- Copyright is automatic — no registration needed
- Unregistered design rights provide free protection
- Strong trade secret law (EU-derived)
- Costs generally lower than US for patent filing
- Well-established IP court system (IPEC)
Limitations
- No grace period — any public disclosure before filing kills patent novelty
- Software and business methods largely unpatentable
- UK patent only covers the UK market
- Smaller damages awards than US courts
US IP Protection System
The US IP system is administered by the USPTO and governed by federal and state laws. It's generally broader in scope — particularly for software and business method patents — and offers larger damages awards.
Advantages
- 12-month grace period for patent filing after disclosure
- Software patents available (with limitations)
- Larger damages awards in IP litigation
- Strong federal trade secret law (DTSA)
- Design patents protect product appearance
Limitations
- Copyright registration required to sue for infringement
- Higher patent costs
- More complex, expensive litigation
- Provisional patent creates 12-month deadline
- Design patents cost more than UK design registration
Decision Guide
When to Use Each
Focus on UK Protection When
- Your primary market is the UK/Europe
- Your IP is software or a business method (trade secrets over patents)
- Budget is limited — UK filing is generally cheaper
- You want automatic protection (copyright, unregistered designs)
- You haven't publicly disclosed your invention yet
Focus on US Protection When
- The US is a key market for your product
- You want software patent protection
- You've already disclosed publicly (grace period may save you)
- You need design patent protection
- You expect to enforce IP rights aggressively
Better Together
Cross-Border IP Strategy
If you operate in both markets, consider this approach:
Timestamp all innovations with blockchain immediately — this creates evidence recognised in both UK and US courts with a single action
File patents strategically in markets where they're most valuable — don't assume you need both
Use trade secret protection as a baseline — the requirements are similar in both jurisdictions
Remember: any public disclosure kills UK patent novelty (no grace period), so protect first, disclose later
One Timestamp, Two Jurisdictions
immut blockchain timestamps are accepted as evidence in both UK and US courts. A single timestamp creates globally verifiable proof — eliminating the need for separate notarisations or filings in each jurisdiction. For cross-border IP protection, it's the simplest and most cost-effective foundation.
FAQ
Frequently Asked Questions
Is a UK patent valid in the US?
No. Patents are territorial. You need separate filings in each jurisdiction. However, blockchain timestamps are globally verifiable and serve as evidence in both.
Are trade secrets protected differently in the UK and US?
The requirements are similar: information must be secret, commercially valuable, and subject to reasonable steps. UK uses the Trade Secrets Regulations 2018; the US uses the Defend Trade Secrets Act 2016. Both accept blockchain evidence.
Does blockchain evidence work in both UK and US courts?
Yes. UK courts accept it under the Civil Evidence Act 1995. US courts accept it under the Federal Rules of Evidence. Multiple US states have specific blockchain evidence laws.
Should I file patents in both the UK and US?
Only if both markets are commercially important. Patent filing is expensive — £5,000-£15,000 per jurisdiction, plus ongoing fees. Many companies use blockchain timestamps and trade secrets as a cost-effective alternative to dual filing.
Need Help Choosing the Right IP Protection?
Book a call with our team to discuss which approach is best for your specific situation.