Can I request an IPO patent infringement opinion?
Yes. Anyone can request an IPO opinion on infringement or validity concerning a UK patent or a European patent designating the UK, even if it is no longer in force. The opinion is non-binding and submitted documents are not confidential. Factory evidence can be gathered by the China-based staff of Cambridge China Bridge.
Check the patent and define the question
The Intellectual Property Office (IPO) accepts requests from anyone, including a buyer accused of infringement. Eligible rights include UK patents, European patents designating the UK and supplementary protection certificates, whether in force or not. Ask the claimant for the patent number, the claims relied on and the exact product version they say infringes.
Ask a UK patent adviser whether to seek an opinion on infringement, validity or both. Give them the allegation and any correspondence before drafting a request. For earlier sourcing precautions, see protecting your IP and tooling.
Prepare a claim-specific evidence pack
IPO guidance requires 2 copies of patents form 17 with a £250 fee, 2 copies of a full statement of facts and arguments identifying the patent claims to be considered, and 2 copies of the evidence or documents referred to. Provide translations for documents not in English or Welsh. Disclose relevant ongoing or completed UK or European Patent Office proceedings and known interested parties.
For the statement, ask your adviser to map each disputed claim to the actual product features. Gather dated drawings, photographs, operating descriptions and factory change records. Identify the model and batch behind each document; a catalogue picture may describe a different version. Use inspection records and retained production samples to organise the supporting material.
Treat submission as a disclosure decision
Documents sent to the IPO are not treated as confidential. Material filed in connection with an opinion may be open to public inspection, including on its website. If the request proceeds, the IPO shares the documents with interested parties and advertises the request so others can comment. It also advertises the outcome.
Before filing, have your adviser review drawings, supplier identities and commercially sensitive information. Prepare a focused evidence pack that explains the disputed features. Discuss how to handle sensitive material without weakening the explanation; do not assume a confidentiality label will keep it private.
Plan for comments and possible refusal
Anyone can make observations on an advertised request. Observations must address the issues raised and be filed within 4 weeks of advertisement. Where observations are filed, the requester can submit observations in reply within 2 weeks after that deadline. The IPO may refuse a request, for example where the issue has already been decided.
Nominate someone to monitor correspondence and coordinate replies with your adviser. Keep the factory evidence contact available to explain components and design changes. Flag disputed facts rather than quietly substituting a newer drawing or sample.
Use the opinion to decide your next action
The opinion is non-binding. It can help with settlement discussions or deciding whether to pursue full legal proceedings, which remain available. The IPO does not award damages through the opinion process if it finds infringement. An opinion is therefore not a binding clearance to sell your imported product.
Review the reasoning against the product version assessed before deciding on further orders, design changes or negotiations. Agree the next steps with your UK patent adviser. Cambridge China Bridge can help gather factory drawings and production records through its own staff in China.
Frequently asked questions
Can an importer request an IPO patent opinion?
Yes. Anyone can request an opinion on infringement or validity concerning an eligible patent. You do not need to own the patent.
Can I request an opinion on an expired UK patent?
Yes. The guidance accepts eligible patents whether in force or not. Ask your adviser to frame the question around the relevant product and events.
Will my factory drawings remain confidential?
Do not assume so. Submitted documents are not treated as confidential, and filed material may be publicly inspectable, including online. Review sensitive drawings with your adviser before filing.
Does an IPO opinion settle the patent claim?
It is non-binding and does not award infringement damages. It may help negotiations or inform your next legal step, but full legal proceedings remain available.