Patents of Invention

– Patents Act (Cap. 18.25) of 2002, and Regulations.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), party since December 14, 1994.
– Paris Convention for the Protection of Industrial Property, since April 9, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since November 16, 1995.
– Patent Corporation Treaty (PCT), since October 27, 2005.
– WTO’s TRIPS Agreement, since February 21, 1996.

Filing and Protection

Applicant: applications may refer to the true and first inventor of the invention; the personal representative of any deceased person who immediately before death was entitled to make an application or any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application. 

Conditions for grant of patent: the act sets out the following criteria for the grant of a patent: (a) an application for a patent shall be made to, and filed with the Registrar, which application shall be in the prescribed form; (b) every application shall state that the applicant is in possession of the invention and shall name the person claiming to be the true and first inventor; (c) where the person claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the claimant to be the true and first inventor; (d) every application for a patent shall be accompanied by a request for the grant of a patent including the name of and other prescribed information relating to the applicant, the inventor, and agent, if any; and title of the invention, a complete specification and any drawings referred to in the description or any claim; and an abstract.

Priority: Convention priority may be claimed.

PCT applications: to be filed in accordance with the provisions of the Patent Cooperation Treaty and the Regulations made thereunder. The time limits for entering national phase are those which would normally apply: 30 months for both Chapters I and II.

Filing requirements for an application (to be sent to resident agent):
1. Notarized authorization of agent / power of attorney;
2. Affidavit in support of application;
3. Assignment (if applicable) – duly notarized;
4. Complete specification.

Examination: formal.

Opposition: any person may at any time from the date of the advertisement of the acceptance of a patent give notice to the Registrar of opposition.

Protection: a patent shall be dated and sealed as of the date of the application. 

Delivery of document: the patent certificate is issued in paper format only.

Duration: twenty years from the date of filing.

Annuities: are to be paid each year starting one year after the filing date. 

Annuity grace period: six months with surcharge.

Assignment: must be recorded. 

Licensing: by order of the court.

Revocation of a granted patent: may be obtained on petition to the court.