Patents of Invention

– Patents Act, Chapter 253 of the Laws of Belize, 2000.
– Patents Regulations 2001, as amended.
– Patents (Amendment) Act, No. 40 of 2005.
– Patents (General Procedures) Administrative Instructions (A.I. No. 2 of 2005).
– Patents (Electronic Filing) Administrative Instructions (A.I. No. 2 of 2006).
– Patents (General Procedures) (Amendment) Administrative Instructions (A.I. No. 5 of 2006).
– Patents (Costs, Expenses and Allowance) Administrative Instructions (A.I. No. 7 of 2006).
– Patents (Manner of Making Amendments) Administrative Instructions (A.I. No. 1 of 2007).

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 11, 1993.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 17, 2000.
– Convention Establishing the World Intellectual Property Organization (WIPO), since
June 17, 2000.
– Patent Cooperation Treaty (PCT), since June 17, 2000.
– Although not a member, Belize follows the International Patent Classification according to the Strasbourg Agreement (1971).

Filing and Examination

Applicant: anyone. 

Co-ownership: provided for. 

Types of patents: product and method patents are both acceptable. 

Patentability: an invention must be new, involve an inventive step and be industrially applicable.

Novelty: not known to the public anywhere in the world, either practically or theoretically, nor made known through publications.

Unpatentable: inventions relating to unlawful objects.

Priority: according to the Paris Convention, if applicable, should be requested.

Filing requirements for an application (to be sent to resident agent):
1. A request, containing (a) a petition that a patent be granted; (b) the name of and other prescribed information relating to the applicant, the inventor(s), and agent, if any; and (c) the title of the invention;
2. A description and an abstract of the invention;
3. Power of attorney (non-legalized);
4. Specification with claims;
5. 1 or more drawings, where required.

Electronic filing: available.

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be filed within thirty days, with the possibility of an extension.

PCT applications: time limit for entering national phase under both Chapters I and II: 30 months.

Joint petitions: are acceptable. 

Amendments to the petition: are possible. 

Examination: is by the Registrar, and the results being positive, the patent is granted and the fact published in the Journal of Intellectual Property.

Oppositions: for invalidation can be filed, to be processed and resolved by a court either before or after granting.

Appeals: can be filed with the Minister, and an appeal against the latter’s resolution can be filed at courts within two months.

The Letters Patent are delivered to applicants. 

Working: not provided for.

Marking: not provided for.

Protection

Duration – annuities: twenty years from date of application, subject to payment of annual taxes before each anniversary of filing. 

Annuity grace period: a six-month grace period, under fine, is available. 

Extension of time: subject to the Registrar’s discretion.

Assignment – license: changes of owner as well as licenses are subjects to publication and recordal. 

Hearings: are available at the Registrar’s discretion.

Infringement: the patentee may sue unauthorized users in civil or criminal courts, in order to obtain injunction, seizure and recovery of damages. The burden of proof that the product was not obtained through the invented process, rests on the defendant.

Nullification: the patent may be voided under evidence of harm or violation of law and public interests.

Utility Models

Unless otherwise provided, the Patents Act shall apply to utility models. 

Duration of utility models: seven years, non-renewable.