Patents of Invention

– Patents Act No. 16 of 2001. (Regulations not yet passed in Parliament.)

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since August 21, 1993.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 9, 1995.
– Patent Cooperation Treaty (PCT), since August 30, 1996.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 31, 2002.

Filing and Protection

Applicant: the inventor or joint inventors.

Patentable inventions: the invention must be new, involve an inventive step and be capable of industrial application.

Registration of U.K. patents: possible.

Priority: priority begins on the filing date of the application.

Filing requirements for an application (to be sent to resident registered agent):
1. Authorization of agent;
2. A request for the grant of a patent;
3. A specification and any drawing referred to in the description or any claim;
4. An abstract.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures).

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

Examination: formal examination to determine whether the application complies with the requirements of the Act.

Publication: after the grant of a patent, the Registrar shall publish a notice in the Saint Lucia Gazette that the patent has been granted; the certificate is then issued to the proprietor.

Beginning of protection: a patent shall take effect on the date on which notice of its grant is published in the Gazette.

Duration: twenty years from the filing date of the application.

Annuities: maintenance by paying the prescribed renewal fees. Grace period for payment of annuities is six months.

Cancellation: possible through an application by the proprietor of the patent to the Registrar.

Opposition: the proprietor of a patent or any other person wishing to oppose may give notice of opposition to the Registrar.

Revocation of a granted patent: may be obtained on application by any interested person.

Licenses: at anytime after the grant of a patent, its proprietor may apply to the Registrar for an entry to be made in the Register to the effect that licenses under the patent are to be available as of right.

Infringement: civil proceedings may be brought to the court by the proprietor of a patent.

Remedies: an injunction restraining the defendant from any apprehended act of infringement; an order for the defendant to deliver up or destroy any patented product in relation to which the patent is infringed or any article in which the product is inextricably comprised; damages; an account of profits; a declaration that the patent is valid and has been infringed.