Publication delays at the UKIPO

Update (March 2026): publications are expected to return to normal timescale shortly

Initial publications of patent applications (A publications) and publications of granted patents (B publications) are likely to be delayed due to a reduced publishing capacity of the UK Intellectual Property Office (UKIPO) from November 2025, which is expected to last for at least six months.

The UKIPO is currently undergoing an overhaul of their services in advance of the upcoming launch of the new One IPO system, which aims to unify all of the IPO’s existing services into one fully digital system. To ensure that there are no errors in the publication process during this overhaul, which includes a transition to a new internal administrative system, the IPO has introduced additional checks in the publication process and has temporarily limited the number of applications being published.

As a result, there are expected to be delays in both A and B publications. However, it is not possible to say exactly how each case will be impacted on an individual basis.

The negatives

In some cases, the delay in publication could be particularly frustrating.

If your patent application is deemed patentable by an examiner before it is published, it cannot proceed to grant until at least three months after publication. This is to allow for third parties to submit observations and to allow the examiner to perform a “top-up search”. However, if publication is delayed due to this reduced publishing capacity, this could result in a delay of the grant of such a patent.

Additionally, the publication of a patent application can give rise to some provisional rights, namely that an applicant may seek damages in respect of acts done between publication of the application and the grant of the patent. This can only be done once the patent is granted, and only in specific circumstances. Nevertheless, in situations where an applicant would be entitled to bring such proceedings, a delay in publication would delay the date from when those rights would arise.

It is possible to request accelerated publication, which may be desirable if you are in a situation like those above. In theory, this should move you up the queue, and so your application should be processed sooner than otherwise would. However, there is no guarantee that this will avoid the delays altogether.

The positives?

It is often beneficial for a patent to remain unpublished for as long as possible, as the details of your invention can remain confidential (unless otherwise disclosed) until the application is published. There are also certain procedural steps which can only be taken while the application has not yet been published. However, we would not recommend relying on these delays as a way to give you extra time with procedural matters given the uncertainty in how each case will be individually impacted.

A delay in publication could also lead to costs for other procedural steps being pushed back. Substantive examination, for example, if not requested on filing, must be requested within 6 months of publication. A delay in publication would mean this deadline would be pushed back.

For granted patents, these delays do not appear to impact the publication of the notice of grant in the journal, which is the date on which the granted patent takes effect. The B publication of the granted patent is not necessary to enforce your rights, though of course, it would be preferable to have the published granted specification in hand. Nevertheless, the effect of your granted patent will not be impacted by a delay in the B publication of the granted patent.

What now?

The UKIPO is prioritising increasing its publishing capacity steadily over the coming months. Importantly, the six-month estimate given is the time by which the IPO expects to be back to their typical capacity, meaning that individual cases may be delayed for longer if they are caught in a backlog.

For the time being, if you have any questions on how this will impact you as an applicant or proprietor, or how this may impact your initial filing strategy, please get in touch with a member of our Hindles patent team.

Author: Maeve McCrossan