Best Patent Lawyers in Aberdeen

About Patent Law in Aberdeen, United Kingdom

Patent law in Aberdeen operates under United Kingdom legislation and practice, applied within the Scottish legal system. If you are an innovator in Aberdeen across sectors like energy, life sciences, engineering, software, or food and drink, patents can protect the technical features of your inventions and give you the exclusive right to prevent others from making, using, selling, or importing the patented invention in the UK.

Patents in the UK are governed primarily by the Patents Act 1977 and related rules. You can seek protection by filing a UK application at the UK Intellectual Property Office, by filing a European patent application at the European Patent Office designating the UK, or by using the international Patent Cooperation Treaty route followed by entry into the UK national phase. The UK is not part of the Unitary Patent or the Unified Patent Court. Enforcement and most court disputes relating to patents in Scotland are heard in the Intellectual Property Court at the Court of Session in Edinburgh, with pre-action and advisory work commonly carried out by Aberdeen based solicitors and patent attorneys.

In practice, a patent application is searched, published at around 18 months from the earliest filing, examined for patentability, and granted if it meets the requirements of novelty, inventive step, and industrial applicability. Most applications take between two and four years to grant, though there are acceleration options for reasons such as green technologies or suspected infringement.

Why You May Need a Lawyer

You may need a lawyer or a chartered patent attorney when assessing whether your invention is patentable, drafting a patent specification and claims, and planning a filing strategy across the UK, Europe, and other markets. Specialists help you avoid public disclosure mistakes, ensure the description enables the invention, and craft claims that are both robust and commercially focused.

Lawyers based in or serving Aberdeen are frequently engaged to negotiate ownership where multiple contributors or employers are involved, to set up non disclosure agreements for collaborators, and to handle assignments, licences, and commercialisation deals with universities, investors, and industry partners. They also advise on freedom to operate, infringement risks, and defensive strategies if you receive a cease and desist letter.

In disputes, legal teams manage pre action letters, obtain technical and market evidence, apply for interim interdicts, litigate or defend infringement and validity actions in the Court of Session, and coordinate UKIPO opinions. They also assist with customs enforcement, parallel import issues, and coordination with tax advisers regarding the Patent Box regime.

Local Laws Overview

The Patents Act 1977 sets out the core rules on patentability, ownership, infringement, remedies, and validity. Exclusions from patentability include discoveries, scientific theories, mathematical methods, business methods as such, computer programs as such, and methods of treatment or diagnosis practiced on the human or animal body. Many computer implemented inventions can still be patentable where there is a technical contribution, and medical inventions may be claimed in product or Swiss type formats rather than by treatment method claims.

Scotland has its own civil court system and procedure. Most patent infringement and validity actions are raised in the Intellectual Property Court at the Court of Session in Edinburgh. Interim relief is sought by interim interdict, assessed on a prima facie case and balance of convenience, with a cross undertaking in damages often required. Evidence gathering and disclosure follow Scottish procedures such as recovery of documents by commission and diligence rather than English style standard disclosure.

For some technical or validity questions, parties can seek non binding but influential opinions from the UK Intellectual Property Office. Unjustified threats are regulated by the Intellectual Property Unjustified Threats Act 2017. Care is needed before sending threat letters about infringement, including how communications are framed and to whom they are sent.

Time limits differ in Scotland. Monetary claims commonly face a five year prescription period under the Prescription and Limitation Scotland Act 1973, subject to rules about when loss is first known or reasonably knowable. This is different from the six year limitation period in England and Wales. Take early advice to avoid missing deadlines.

Assignments of patents and applications must be in writing and signed by the assignor. Employee inventions are usually owned by the employer if created in the course of normal duties where an invention might reasonably be expected. Employees can sometimes claim compensation if a patent is of outstanding benefit to the employer. Marking products as patented or with a virtual patent marking page can help with damages, and false patent marking is an offence.

There is no general grace period in the UK. Any public disclosure before filing usually destroys novelty, with only limited exceptions for certain exhibitions and abusive disclosure. Keep your invention confidential until you have filed. Exhaustion rules currently allow many goods first placed on the EEA market by or with the consent of the patent owner to be parallel imported into the UK, but the reverse is not assured. Border measures are available through applications to customs authorities.

Frequently Asked Questions

How do I start a patent application if I am based in Aberdeen

Work with a chartered patent attorney to draft a description, drawings, and claims that fully enable your invention. File at the UK Intellectual Property Office to secure a filing date. Request a search, consider early publication if needed for investment, respond to examination reports, and progress to grant. You can also file a European or international application if you plan to protect the invention outside the UK. Your Aberdeen adviser can manage all filings electronically.

How long does a UK patent last

A UK patent can last up to 20 years from the filing date, provided annual renewal fees are paid from the fourth anniversary onward. For certain medicines and plant protection products, a supplementary protection certificate may extend protection for up to five additional years, with a possible further six months for paediatric studies.

Can software be patented in the UK

Software as such is excluded, but inventions that use software to achieve a technical effect can be patentable. Examples include controlling industrial processes, improving the internal operation of a computer, or processing signals in a new technical way. The line can be fine, so careful claim drafting and a clear articulation of the technical contribution are essential.

Do I need a prototype before filing

No prototype is required. What matters is that your application enables a skilled person to make and use the invention without undue burden. Detailed descriptions, variants, and examples are helpful. If you can build a prototype without disclosing it publicly, it can strengthen your understanding and the specification, but avoid any public disclosure before filing.

I presented my idea publicly in Aberdeen, is it too late to patent

Possibly. Most public disclosures before filing destroy novelty in the UK. There are narrow exceptions for qualifying exhibitions or abusive disclosures, but these are limited and technical. Speak to a professional immediately to assess options, including whether any foreign jurisdictions offer a broader grace period and whether confidentiality might still be arguable on the facts.

What does it cost and how long will it take

Official UKIPO fees for filing, search, and examination are typically in the low hundreds of pounds for straightforward cases, with additional fees for long specifications or many claims. Professional drafting, prosecution, and strategy can range from several thousand pounds upward depending on complexity and the number of countries involved. Most UK applications grant in two to four years. Acceleration is available for green technologies, suspected infringement, or commercial reasons.

Where are patent disputes heard for Aberdeen based businesses

Patent infringement and validity disputes in Scotland are usually raised in the Intellectual Property Court at the Court of Session in Edinburgh. Interim interdicts can be sought to stop alleged infringement quickly. Some technical issues can be referred to the UKIPO opinions service. Your Aberdeen legal team can act and instruct counsel experienced in Scottish IP procedure.

Does a US patent protect me in the UK

No. A US patent only protects you in the United States. To protect in the UK, you need a granted UK patent or a European patent that has been validated in the UK. International applications under the PCT are a convenient way to keep options open before entering the UK and other national phases.

What is the difference between a patent attorney and a solicitor in Aberdeen

A chartered patent attorney drafts and prosecutes patent applications before the UKIPO and EPO, advises on patentability, and handles portfolio strategy. A solicitor advises on commercial contracts, licences, investment and due diligence, disputes, and court proceedings, often instructing advocates for appearances in the Court of Session. Many teams are multidisciplinary, and some professionals are dual qualified.

What should I do if I receive a patent infringement threat

Do not ignore it and avoid making admissions. Speak to a lawyer or patent attorney promptly. They can assess infringement and validity, consider an opinion from the UKIPO, and respond in a way that reduces risk under the unjustified threats regime. Keep all correspondence, product samples, and records of your design and development timeline.

Additional Resources

UK Intellectual Property Office. The national authority for filing, searching, examining, granting, renewing, and recording ownership changes for UK patents. Also provides patent opinions and guidance.

European Patent Office. The regional office for European patent applications designating the UK, with search, examination, and opposition procedures.

World Intellectual Property Organization. Information on the Patent Cooperation Treaty system for coordinated international filings and global patent databases.

Scottish Courts and Tribunals Service. Information about the Court of Session and the Intellectual Property Court where Scottish patent cases are heard.

Law Society of Scotland. The regulatory and representative body for solicitors in Scotland, with directories to find legal practitioners.

Chartered Institute of Patent Attorneys. The professional body for UK patent attorneys, with resources and a directory of firms serving Aberdeen and beyond.

Business Gateway Aberdeen City and Shire. Local support for startups and SMEs, including innovation support and signposting to IP advice.

Scottish Enterprise and Innovate UK. Funding, innovation, and commercialisation support that often interfaces with IP strategy.

University of Aberdeen and Robert Gordon University technology transfer and research commercialisation offices. Guidance on academic IP policies, spinouts, and licensing.

HM Revenue and Customs information on the Patent Box and R and D tax incentives that interact with IP strategy and commercialisation plans.

Next Steps

Keep your invention confidential until you file. Use non disclosure agreements before discussing details with collaborators, suppliers, or investors. Record your development work, dates, and contributors in a searchable format.

Speak to a chartered patent attorney about patentability, claim scope, and a filing plan that matches your budget and markets. Ask about the pros and cons of filing first in the UK versus using European or international routes, and about accelerating examination if timing is important for investment or enforcement.

Work with an Aberdeen based solicitor for ownership, assignments, licences, collaboration agreements, and investment term sheets. If you are an employee or working with a university, clarify who owns the IP and ensure assignments are signed and recorded.

If you face a dispute, seek advice early. Preserve evidence, avoid public statements, and consider whether interim relief is needed. Your advisers can handle correspondence that complies with the unjustified threats rules and explore settlement, UKIPO opinions, or court action.

Plan for renewals, product marking, and enforcement. Review your commercial strategy, consider tax implications such as the Patent Box, and align your IP portfolio with milestones for funding and market entry. This guide is general information only. For advice tailored to your situation, consult a qualified professional familiar with Scottish and UK patent practice.