Patents of Invention

No special law for the protection of industrial property. The former British ordinances on industrial property are still maintained.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since October 25, 1994.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 25, 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 18, 2019.

Filing and Protection

Applicant: inventor or assignee, or owner of British patent. 

Types of patents: (1) local patent; (2) patent based on granted U.K. or EP (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.

Novelty: (1) not published or publicly used in Guyana; (2) confirmation of British patent must be applied for within three years from date of issue.

Exceptions to protection: inventions contrary to law or morality; substances prepared by chemical processes or intended for food or medicine (methods are patentable).

Examination: as to novelty.

Opposition: within two months of publication.

Confirmation of British patent without novelty examination and opposition. 

Duration: (1) sixteen years from local filing date; (2) expiring with British patent.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, signed by applicant and two witnesses, not legalized;
2. Application with declaration as to inventorship (not legalized);
3. Specification in duplicate;
4. Drawings, in duplicate, on Bristol boards, 8 x 13 inches;
5. For confirmation of British patent: certified copy of British specification, drawings, Comptroller’s certificate and power of attorney.