IPReg PII Rules for UK trademark and patent attorney firms
The Intellectual Property Regulation Board (IPReg) sets the PII Rules that govern minimum cover for UK trademark and patent attorney firms. Unlike the SRA MTC (a flat £2m/£3m minimum) or the FCA MIPRU 3 (a euro-denominated flat minimum), the IPReg rules scale minimum cover to firm fee income. This deep-dive explains the framework.
IPReg and the LSA 2007 framework
IPReg is an independent regulator established under the Legal Services Act 2007. It regulates trademark and patent attorneys across the UK. CITMA (Chartered Institute of Trade Mark Attorneys) and CIPA (Chartered Institute of Patent Attorneys) are the professional bodies; IPReg is the regulator.
IPReg publishes the PII Rules alongside the Code of Conduct and other regulatory arrangements. The rules apply to all IPReg-regulated firms — there is no equivalent to solicitor firm-vs-employee-scope distinction.
The fee-income-scaled minimum
IPReg sets minimum PII cover based on firm annual fee income:
- Fee income under £250,000 — minimum £500,000 per claim.
- Fee income £250,000 to £500,000 — minimum £1,000,000 per claim.
- Fee income £500,000 to £1,000,000 — minimum £2,000,000 per claim.
- Fee income £1,000,000 to £2,000,000 — minimum £2,500,000 per claim.
- Fee income above £2,000,000 — minimum £3,000,000 per claim.
These are minima. Firms often carry materially higher cover to reflect client contract requirements, cross-border exposure, or specific practice-area risk.
Aggregate limits
IPReg also requires an aggregate limit — the maximum total the insurer will pay across all claims in the policy period. Aggregate is typically twice the per-claim limit or the whole limit-list, whichever is higher.
The distinction between per-claim and aggregate matters most for firms with a high volume of related claims — a filing methodology error affecting multiple clients could rapidly consume aggregate cover.
What the rules do NOT cover
IPReg PII Rules set the minimum. They do not address: aggregation clauses (up to the wording); run-off cover (typically six years by market standard, not IPReg-mandated); post-Brexit EUIPO representation exposure; UPC (Unified Patent Court) representation.
These are all wording-level decisions the firm makes at renewal. IPReg confirms the minimum framework; wording review confirms practical operation.
Practical application at renewal
- Confirm current fee income falls in the correct minimum band. Grouping across accounting years can matter.
- Test aggregate cover against realistic worst-case scenarios.
- Confirm run-off treatment for retirement or firm closure.
- Review wording for UPC exposure if the firm handles material EP work.
- Review wording for chain-of-title risks in post-Brexit EU trademark work.