Patents of Invention

– Patents Act, Revised Statutes of Anguilla Chapter P15 (Revises Act 9/2002, in force since August 12, 2002).
– Patent Regulations, Revised Regulations of Anguilla P15-1 (Revises R.A. 12/2004, in force since July 7, 2004).

Membership in International Conventions

– None.

Filing

Type of patents: (A) independent; or (B) registration of a U.K. patent (or a European (U.K.) patent)

Remark on IP implications of the U.K.’s referendum vote of June 23, 2016 to leave the European Union: the U.K.’s position as a contracting State of the EPO is not affected by the U.K.’s withdrawal from the EU, and European (U.K.) patents will continue to be obtainable through the EPO route.

(A) Applications – independent patents: International Patent Classification adopted. 

Priority: an application may contain a declaration claiming priority as provided for in the Paris Convention.

Applicant: the request for grant of a patent may be made by the applicant or his agent appointed by power of attorney. 

Foreigners: must be represented by an agent resident in Anguilla. 

Excluded from registration: (1) a discovery, scientific theory or mathematical method; (2) a scheme, rule or method for performing a mental act, playing a game or doing a business; and (3) diagnostic, therapeutic and surgical methods for the treatment of humans or animals, but not including the products used in any of these methods.

Filing requirements for an application (to be sent to resident agent):
1. A request for the grant of the patent;
2. A description of the invention;
3. 1 or more claims and any drawings referred to in the description or any claim;
4. An abstract.

Note: where the applicant is not the inventor the request must be accompanied by a statement justifying the applicant’s right to the patent.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent within two months of the application date.

(B) Applications – U.K. and European (U.K.) patents: the registration has to take place within three years of the sealing in the U.K. 

Applicant: the grantee of a patent in the United Kingdom, including a European Patent (U.K.), or any other person deriving his right from such grantee by assignment, transmission or other operation of law or by agent appoint pursuant to a power of attorney.

Filing requirements:
1. Certificate of the Comptroller General of the United Kingdom Intellectual Property Office, attached to a certified copy of the specification, attached to an extract of the U.K. Register giving full particulars of the grant, or a similar European certificate, together with drawings (if any) relative to the patent;
2. A declaration that the grantee or other owner is entitled to the patent.

Note: application to be made within three years from the date of issue of the patent in the U.K.

Protection

Opposition U.K. patents: to Registrar of Trademarks within two months of publication of notice of application.

Issue of certificate: upon the prescribed fees being received, without novelty examination when not opposed or on failure of opposition. 

(A) Rights granted – independent patents: all privileges and rights to the exploitation of the patented invention in Anguilla. The exploitation by persons other than the owner of the patent shall require the agreement of the owner. The owner of the patent shall, in addition to any other rights, remedies of action available to him, have the right to institute court proceedings against any person who infringes the patent.

Duration of protection: twenty years after the filing date of the application for the patent subject to the payment of the prescribed annual fee, starting one year after the filing date of the application for the grant of the patent.

Annuity grace period: six months on payment of the prescribed surcharge. If the prescribed annual fee is not paid, the patent application shall be deemed to have been withdrawn or the patent shall lapse.

(B) Rights granted – U.K. patents: privileges and rights as if the patent had been issued in the United Kingdom with an extension to Anguilla. 

Duration of protection: from the date of the patent in the United Kingdom and shall continue as long as the patent remains in force in the U.K. (see U.K. Patents of Invention, Section 6, under “Duration“).

Modification of Protection after Registration

(A) Independent patents invalidation: the Registrar may, on request in writing made by the registered proprietor, cancel the registration of a patent or enter in the Register any change of name or address of the registered proprietor. An application to invalidate the registration of a patent may be made to the court by any interested person on failure to fulfill requirements of the Act or on proof that the owner of the patent is not the inventor or successor in title. In addition, any decision taken by the Registrar of Trademarks including the grant or refusal of a patent may be the subject of an appeal to the court by any interested person within two months from the date of the decision. 

(B) U.K. patents revocation: by court on application of Attorney General or any person alleging that his interests have been prejudiced by the registration and the patent was registered to a person not entitled or on contravention of or failure to observe a condition registered in relation to that patent.