Patents of Invention

– Patents Act & Rules, 1996 (No. 21 of 1996 and LN No. 144), in force since December 1, 1997.
– Patents (Amendment) Act, 2000 (No. 54 of 2000), in force since October 12, 2000.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since August 16, 1988.
– Patent Cooperation Treaty (PCT), since March 10, 1994.
– Budapest Treaty (Deposit of Microorganisms), since March 10, 1994.
– WTO’s TRIPS Agreement, since March 1, 1995.
– Strasbourg Agreement Concerning the International Patent Classification, since December 20, 1996.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 14, 2000.

Filing

Applicant: the inventor, or his successor in title. 

Foreigners and nationals not living in the country: same as for national residents. 

Naming of the inventor(s): inventors have a right to be named in any patent granted.

Notion of invention: the Act sets out three criteria for the grant of a patent: novelty, inventive step and industrial application. 

Kinds of protection: patents, utility certificates.

Novelty: an invention must not form part of the state of the art, hence worldwide novelty. 

Novelty grace period: one year immediately preceding the date of filing the patent application.

Exclusions from patentability: (a) a discovery, scientific theory or mathematical method; (b) a literary, dramatic, musical or artistic work or other aesthetic creation; (c) a scheme, rule or method for performing a mental act, playing a game or doing business; (d) diagnostic, therapeutic and surgical methods for the treatment of human or animals; (e) the presentation of information; (f) any invention, the commercial exploitation of which would be contrary to public order or morality or which is prejudicial to human, animal or plant life or health or to the environment.

Priorities: multiple and partial priorities are allowed according to the Paris Convention.

Filing requirements for an application (to be sent to resident agent):
1. Authorization of agent, no notarization or legalization required;
2. Specification, drawings (if any), and the abstract, in triplicate on A4 size paper (in English);
3. If the applicant is not the inventor, a statement (in the form of a Statutory Declaration) justifying the applicant’s right to be granted the patent;
4. If international priority is claimed, certified priority document (if not in English, a certified translation is required).

Minimum requirements to obtain a filing date: documents filed must contain indication that patent is sought; applicant(s) is/are identified in the documents; documents contain a description of the invention; if the application refers to drawings, they must be included to have a filing date. 

Term for filing missing documents: to be fixed by the Controller. 

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent at a later date.

PCT applications: time limit for entering national phase under Chapter I: 30 months; under Chapter II: 31 months.

For a change of name:
1. Change of name document as issued by the relevant government authority, original or a certified copy;
2. Authorization of agent, no notarization or legalization required.

For a change of address: no documents are required.

Examination, Protection

Examination: search and substantive examination. 

Accelerated examination: no provision.

Amendments and voluntary amendments: possible, provided the amendment does not extend the matter disclosed in the application as filed.

Divisions: possible, up to the time when the application is in order for grant.

Secrecy: until a patent is granted, documents or information about the application shall not be published or disclosed without the applicant’s written consent.

Opposition: not provided for.

Beginning of protection: from the date on which the notice of grant is published in a periodical.

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

Duration: twenty years from the filing date for a patent (no provision for extension); ten years for a utility certificate.

Annuities: payable in advance, starting from the first anniversary of the filing date. Non-payment of annuities results in the application being deemed withdrawn or lapsed. Grace period: six months, with fine.

Amendment of issued patent: only to limit the extent of protection conferred by the patent. 

Marking of patented goods: words such as “Patent” or “patented” must be accompanied by the number of the patent.

Assignment: must be recorded in order to be effective against third parties.

Licenses: must be recorded.

Rights of prior user: a person who does in good faith an act which would constitute an infringement of the patent if it were then in force before the date of filing or priority date has the right to continue use.

Revocation of a granted patent: possible before the High Court, where prescribed substantive requirements were not met, the specification does not disclose the invention in a sufficiently clear and complete manner; the subject matter extends beyond the content of the application; the patent was granted to a person not entitled thereto.

Working: no provision, but compulsory licenses may be granted to interested persons applying to the court, at any time after the expiry of three years from the date of grant (when notice of grant is published in a periodical) or four years from the filing date, whichever is later, if the market in Trinidad and Tobago is not being supplied, or is not supplied on reasonable terms. Such license will not be granted unless the applicant has made appropriate attempts to obtain a license under reasonable terms from the patent holder. The government may authorize a State Agency or any person in writing, to make, use, exercise or vend the patented invention for services of the State, if public interest so requires, or if exploitation is anti-competitive. This is subject to adequate compensation to the patent holder.

Infringement and penalties: the owner of a patent has the exclusive right to exploit the patented invention and to take action against any person exploiting the patent invention without his agreement. These rights, including the right of importation into Trinidad and Tobago are subject to exceptions such as acts done personally and for non-commercial purposes. Civil proceedings may be brought in court by the patent owner in respect of any act alleged to infringe the patent and remedies include: injunction, order to deliver up or destroy the infringing products, damages, account of profits, and declaration of validity and infringement.