Protecting your intellectual property in the UK: a practical checklist for 2026

By Catherine Ellwood · Published 20 October 2026

Your brand name, your product designs, your writing, photos and code are often worth more than anything else your business owns. Yet many creators and small firms only think about intellectual property (IP) when someone copies them, and by then the cheapest protections may be gone.

This guide explains the four main UK IP rights, which ones you get automatically, which you have to apply for, what the official fees are, and a checklist you can work through in an afternoon. It is general information, not legal advice; for anything high-value, speak to a solicitor or a chartered patent or trade mark attorney.

The four main types of UK IP

GOV.UK's overview of intellectual property groups protection into copyright, designs, patents and trade marks, and notes that you get some types automatically while others you have to apply for.

Copyright protects original creative work: writing, art, photos, music, films, and software code.
Trade marks protect the signs that identify your business, such as your name, logo or slogan.
Designs protect the look of a product: its shape, configuration, decoration, colours or pattern.
Patents protect inventions: how something works, what it does or how it's made.

Copyright: automatic, but you still need evidence

According to GOV.UK, copyright protection is automatic: you don't apply or pay a fee, and there is no register of copyright works in the UK. For written, dramatic, musical and artistic work, copyright usually lasts 70 years after the author's death; sound recordings are protected for 70 years from first publication.

Because there is no register, the practical job is proving what you made and when. Good habits include:

Keeping dated drafts, source files and version history (Git history works well for code).
Adding a simple copyright notice, such as "© 2026 Your Name", to published work. It isn't required, but it tells people the work is owned.
Writing a short licence for anything you let others use, stating what they may and may not do.

Trade marks: register before you scale

A registered trade mark gives you a much stronger position than relying on an unregistered name. GOV.UK states that registering a trade mark costs at least £205, and more depending on how many classes of goods or services you cover. A trade mark lasts 10 years and must be renewed every 10 years to stay in force.

Before you apply, search the existing register for similar marks in your area of business. A name that is merely descriptive of what you sell, or too close to an existing mark, is likely to be rejected or opposed, and you lose the fee.

Designs: protect the look of a product

If what makes your product sell is its appearance, a registered design may be worth having. GOV.UK says registering a design costs from £60 for one design to £185 for up to 50. A registration lasts 5 years and must be renewed every 5 years, up to a maximum of 25 years. Your design must be new, and you'll need to send the IPO clear illustrations of it.

Patents: keep it secret until you file

To be patentable, an invention must be new, inventive and capable of being made or used. GOV.UK's guidance on what you can patent is explicit that "new" means it must not have been made publicly available anywhere in the world. That is why the biggest patent mistake is talking about an invention publicly, pitching it without a non-disclosure agreement, or launching a crowdfunding page before filing.

Applying for a UK patent costs at least £405 in IPO fees if you complete the process, and GOV.UK notes you will usually also need a patent attorney, which costs considerably more. A patent lasts up to 20 years if you renew it every year, and a UK patent gives no protection in other countries.

Who owns what you make?

Ownership trips up more small businesses than infringement does. GOV.UK explains that you usually own the IP in something you create even if someone commissioned it, unless your contract gives them the rights, and that you usually won't own IP you created as part of your job as an employee.

In practice that means:

If you pay a freelancer for a logo, website or code, put a written assignment of IP into the contract. Without it, the freelancer may still own the copyright.
If you are the freelancer, decide whether you are assigning rights or licensing them, and price accordingly.
Co-founders should record who owns what was built before the company existed, and assign it to the company in writing.

Digital habits that help

Register domain names and social handles that match your brand early. These aren't IP rights in themselves, but losing them to a squatter is expensive.
Use access controls on shared drives and code repositories so confidential designs and source code aren't open to everyone.
Keep a simple IP register: a spreadsheet listing each asset, its owner, any registration number, and renewal dates.
Set renewal reminders. A trade mark you forget to renew lapses.

Common mistakes

Launching under a name without checking the trade mark register.
Disclosing an invention before filing a patent application.
Assuming you own work you paid a contractor for.
Assuming a UK registration protects you overseas.
Leaving renewals to memory.

Checklist

List your IP: brand names, logos, product designs, inventions, written content, photos, code.
Mark which rights are automatic (copyright) and which need registering.
Search the trade mark register before committing to a brand name.
Decide whether any product appearance justifies a design registration.
Keep inventions confidential and talk to a patent attorney before disclosing them.
Check every contractor and co-founder agreement for IP ownership clauses.
Record registration numbers and renewal dates in one place.

Frequently asked questions

Do I need to register copyright in the UK?

No. Copyright protection is automatic, there is no fee, and there is no UK register of copyright works. Keeping dated drafts and records helps if you ever need to prove when you created something.

Who owns work created by a freelancer?

Usually the freelancer, unless your contract says the rights pass to you. GOV.UK notes you normally own intellectual property you create even when commissioned, unless your contract gives the rights to someone else.

Does a UK patent or trade mark protect me abroad?

No. UK registrations only cover the UK. If you plan to sell or license abroad, you need protection in each country or region that matters to you.

Sources and further reading

Facts checked on 20 October 2026. Spotted an error? Tell us and we will correct it.