Patents of Invention

– Patents Law, 2011, in force since November 18, 2011, last revised by Supplement No. 6 published with Gazette No. 24 of March 23, 2018.
– Patents Regulations, 2012, last revised by Supplement No. 7 published with Gazette No. 24 of March 23, 2018.

Patents Capable of Recording

Any patent registered in the United Kingdom may be recorded in the Cayman Islands. In addition, any patent granted under the Convention on the Grant of European Patents designating the United Kingdom, and which under the law of the United Kingdom is treated as if it were a patent granted under that law, and any patent granted under the European Patent Convention, is deemed to be a patent granted in the United Kingdom for the purposes of the Caymanian statute. No other patent is capable of being recorded in the Islands.

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.

Procedure for Recording

Applicant: application must be made by a registered agent resident in the Cayman Islands, acting on behalf of the registered owner of the patent. The appointment of the agent must be by power of attorney.

Publication in the Cayman Islands Gazette: all recordings made in the Registry are published in the Cayman Gazette. Publication is prima facie evidence of recording. Recordings are made fortnightly and are published in the next following Gazette.

Period of validity: subject to the prompt payment of annual fees (see below),the protection and rights in the Islands conferred by the Law date from the time such right arose in the United Kingdom and continue in force so long as the protection and rights remain in force in the United Kingdom; but no action for infringement of any such right prior to the time of recording it in the Islands is possible.

Filing requirements for an application (to be sent to resident agent):
The following must be submitted with an application to record an extension to the Islands of a right in or to a patent recordable in the Cayman Islands:

1. The name of the applicant;
2. The name of the agent making the application;
3. A reference to the particulars of the grant or registration in the United Kingdom or European Union, sufficient to identify such right in a positive manner: (a) in the case of a patent registered within the United Kingdom, this must be in the form of an original, certified extract from the United Kingdom Registry which should be signed and sealed by the Registrar in the United Kingdom; and (b) in the case of a European patent, this must be in the form of an original, certified extract (translated into English if not originally so issued) from the European Patent Office, which should be signed and sealed;
4. The expiry date;
5. An address for service in the Islands;
6. A short description of the patent;
7. The nature of the right (if restricted or qualified).

Note: application must be made in the form prescribed by the Registrar.

Electronic filing: available. 

Electronic signatures: are accepted.

Annual Fees

An annual fee is payable to maintain a patent, previously recorded. The fee is payable on January 1st in every year other than the year in which the patent was first recorded and if not paid by March 31st, causes the rights protected by the recording to be in abeyance as against the person in default from January 1st until the fee and the penalty fee have been paid. The penalty fee becomes applicable should there be a failure to pay the annual fee before March 31st of each year.