WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/ATG/P/1
18 March 2002
(02-1377)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
ANTIGUA AND BARBUDA
The present document reproduces the text1 of the Patents Bill 2001, as notified by Antigua
and Barbuda under Article 63.2 of the Agreement (see document IP/N/1/ATG/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
ANTIGUA-ET-BARBUDA
Le présent document contient le texte
1 du projet de loi sur les brevets de 2001, notifié par
Antigua-et-Barbuda au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/ATG/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
ANTIGUA Y BARBUDA
En el presente documento se reproduce el texto1 del proyecto de Ley de Patentes, de 2001,
que Antigua y Barbuda notificó de conformidad con lo dispuesto en el párrafo 2 del artículo 63 delAcuerdo (véase el documento IP/N/1/ATG/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/ATG/P/1
Page 2
ANTIGUA AND BARBUDA
BILL FOR
The PATENTS ACT 2001
Table of Contents
PART I:  PATENTS
Section  1: Short title
Section  2: Interpretation; Matte r Excluded from Patent Protection
Section3  Patentable InventionsSection  4: Right to Pate nt;  Naming of Inventor
Section  5: Application
Section  6: Unity of Invention;  Am endment and Division of Application
Section  7: Right of Priority
Section  8: Information Concerning Co rresponding Foreign Applications and
Patents
Section  9: Filing Date; ExaminationSection  10: Grant of Pate nt;  Changes in Patents
Section 11: Rights Conferred by Patent
Section 12: Duration;  Annual FeesSection 13: Exploitation by Governme nt or Person thereby Authorized
Section 14: Non-Voluntary Licences
Section 15: Invalidation
PART II:   INTERNATIONAL APPLICATIONS UNDER THE PATENT COOPERATION
TREATY
Section 16: Interpretation of Terms Concerning the PCT
Section 17: Filing Date and Effects of International Application Designating
Antigua and Barbuda
Section 18: Intellectual Property Registry as Receiving Office
Section 19: Filing of International Applications with the Intellectual Property
Registry
Section 20: Intellectual Property Re gistry as Designated Office
Section 21: Intellectual Property Registry as Elected OfficeIP/N/1/ATG/P/1
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Section 22: National Processing
Section 23: Entering National Phase
Section 24: Failure to Enter National Phase
Section 25: Processing Intern ational Applications in Accordance with the PCT
PART III:   UTILITY MODEL CERTIFICATES
Section 26: Applicability of Provisions Relating to Patents
Section 27: Special Provisions Relating to Utility Model Certificates
Section 28: Conversion of Patent Applica tions or Applications for Utility Model
Certificates
PART IV:   GENERAL PROVISIONS
Section 29: Changes in Owners hip;  License Contracts
Section 30: AgentsSection 31: Registers;  Official Bulletin
Section 32: Corrections of Er rors;  Extension of Time
Section 33: Competence of Courts;  AppealsSection 34: Infringement;  Unlawful Acts;  Offences
Section 35: Application of  International Treaties
Section 36: RegulationsSection 37: Repeals;  Transitional ProvisionsIP/N/1/ATG/P/1
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ANTIGUA AND BARBUDA
PATENTS ACT
NO     OF 2001
BILL FOR
AN ACT  to make provision for the registration of patents and other purposes related thereto.
ENACTED by the Parliament of Antigu a and Barbuda as follows –
PART I:  PATENTS
Short title 1.  This Act may be cited as the Patents Act 2001
Interpretation; 2. (1)  In this Act,
Matter Excludedfrom Patent (i) “Court”  means the High Court;Protection
(ii) “invention” means an idea of an inventor which permits in
practice the solution to a specific problem in the field oftechnology and an invention may be, or may relate to, a product
or a process;
(iii)  “Intellectual Property Registry” means the Intellectual
Property Registry established unde r the Registrar of Intellectual
Property Act 2001;
                                     (iv) “Minister” means the Mini ster responsible for intellectual
property;
(v) “patent” means the title granted to protect an invention;
(vi) “Registrar” means the person holding office of Registrar of
Intellectual Property appoint ed under the Registrar of
Intellectual Property Act 2001;
(vii) “utility model certificate” means a certificate referred to in
section 26.IP/N/1/ATG/P/1
Page 5
(2)  The following, even if they are inventions within the
meaning of subsection (1), shall be excluded from patentprotection:
(i) discoveries, scientific theories and mathematicalmethods;
(ii) schemes, rules or me thods for doing business,
performing purely mental acts or playing games;
(iii) methods for treatment of the human or animal
body by surgery or therapy, as well as diagnosticmethods practiced on the human or animal body;  thisprovision shall not apply to products for use in any of
those methods.
(iv) plants and animals other than micro organisms(v) essentially biological processes for the production
of plants or animals other than non-biological andmicrobiological processes
(vi) plant varieties(vii) inventions, the prevention within Antigua and
Barbuda of the commercial exploitation of which is
necessary to protect public order or morality,including to protect human, animal or plant life orhealth or to avoid serious prejudice to theenvironment, provided that such exclusion is notmade merely because the exploitation is prohibited bylaw.
Patentable Inventions 3  .(1)   An invention is patentab le if it is new, involves
an inventive step and is industrially applicable.
(2)  An invention is new if it is not anticipated by
prior art.
(3)  Prior art shall consist of everything disclosed to
the public, anywhere in the world, by publication intangible form or by oral disclosure, by use or in anyother way, prior to the filing or, where appropriate, thepriority date, of the application claiming the invention.
(4)  For the purposes of paragraph (3), disclosure to
the public of the inventi on shall not be taken into
consideration if it occurre d within twelve monthsIP/N/1/ATG/P/1
Page 6
preceding the filing date or, where applicable, the
priority date of the applic ation, and if it was by reason
or in consequence of acts committed by the applicantor his predecessor in title or of an abuse committed bya third party with regard to the applicant or hispredecessor in title.
(5)   An invention shall be considered as involving an
inventive step if, having regard to the prior artrelevant to the application claiming the inventionand as defined in subsection (3), it would nothave been obvious to a person having ordinaryskill in the art.
(6)   An invention shall be  considered industrially
applicable if it can be made or used in any kindof industry.  “Industry” shall be understood in itsbroadest sense;  it sha ll cover, in particular,
handicraft, agriculture, fishery and services.
Right to Patent and 4  .(1)  The right to a patent shall belong to the
Naming of Inventor inventor.
(2)  If two or more persons have jointly made an invention, the right to
the patent shall belong to them jointly.
(3)  If and to the extent to which two or more persons have made the
same invention independently of each other, the person whoseapplication has the earliest filing date or, if priority is claimed, theearliest validly claimed priority date shall have the right to the patent,as long as the said application is  not withdrawn, abandoned or rejected.
(4)  The right to a patent may be assigned, or may be transferred by
succession.
(5)  Where an invention is made in execution of an employment
contract, the right to the patent shall belong, in the absence ofcontractual provisions to the contrary, to the employer.
(6)  The inventor shall be named as such in the patent, unless in a special
written declaration signed by him and addressed to the Registrar heindicates that he wishes not to be named.  Any promise or undertaking by
the inventor made to any person to the effect that he will make such adeclaration shall be without legal effect.
Application 5.   (1)  The application for a patent shall be filed with theIP/N/1/ATG/P/1
Page 7
Registrar and shall contain a request,  a description, one or more claims,
one or more drawings (where required), and an abstract.
(2)  The application for a patent shall be subject to the payment of the
prescribed application fee.
(3)  The request under subsection (1) shall contain a petition to the
effect that a patent be granted, th e name of and other prescribed data
concerning the applicant, the invent or and the agent, if any, and the
title of the invention.
(4)  Where the applicant is not  the inventor, the request under
subsection (1) shall be accompanied by a statement justifying the
applicant’s right to the patent.
(5)  The description shall disclose the invention in a manner sufficiently
clear and complete for the invention to be carried out by a person having
ordinary skill in the art, and shall, in particular, indicate at least one modeknown to the applicant for carrying out the invention.
(6)  The claim or claims shall define the matter for which protection is
sought and the description and the drawings may be used to interpretthe claims.
(7)  Claims shall be clear and conc ise and shall be fully supported by
the description.
(8)  Drawings shall be required when they are necessary for the
understanding of the invention.
(9)  The abstract shall merely serve the purpose of technical
information;  in particular, it sha ll not be taken into account for the
purpose of interpreting the scope of the protection.
(10)  The applicant may, up to the time when the application is in
order for grant, withdraw the application at any time during itspendency.
Unity of Invention; 6.(1)  The application sha ll relate to one invention only or to a group
Amendment and of  inventions so linked as  to form a single general inventive
Division of concept.Application
(2)  The applicant may, up to the time when the
application is in order for grant, amend the application,
provided that the amendment shall not go beyond thedisclosure in the initial application.IP/N/1/ATG/P/1
Page 8
(3)  The applicant may, up to the time when the
application is in order for gr ant, divide the application
into two or more app lications (“divisional
applications”), but each di visional application shall not
go beyond the disclosure in the initial application.
(4)  Each divisional application shall be entitled to the
filing date and, where applic able, the priority date of
the initial application.
(5)  The fact that a patent has been granted on an
application that did not comply with the requirement ofunity of invention under subs ection (1) shall not be a
ground for the invalidation of the patent.
Right of Priority 7.(1)  The app lication may contain a declaration
claiming the priority, as provided for in the ParisConvention, of one or more earlier national, regional or
international applications filed by the applicant or hispredecessor in title in or for any State party to thatConvention or any Member of the World TradeOrganization.
(2)  Where the application contains a declaration under
subsection (1), the Registrar may request that theapplicant furnish, within the prescribed time limit, acopy of the earlier application certified as correct bythe Office with which it was filed.
(3)  The effect of the declaration shall be as provided
in the Paris Convention.
(4)  If the Registrar finds that the requirements under
this Section and the Regulations have not beenfulfilled, the declaration shall be considered not to havebeen made.
Information Concerning 8.(1)  The app licant shall, at the request of the
Corresponding Foreign Registrar, furnish him with the date and numberApplications and Patents of any applica tion for a patent filed by him abroad
(“foreign application”) relating to the same oressentially the same invention as that claimed in theapplication filed with the Intellectual PropertyRegistry.
(2)   The applicant shall, at the request of the
Registrar, furnish him with the following documentsIP/N/1/ATG/P/1
Page 9
relating to one of the foreign applications referred to in
subsection (1):
(a) a copy of any communication received
by the applicant concerning the resultsof any search or examination carried outin respect of the foreign application;
(b) a copy of the patent granted on the basis
of the foreign application;
(c) a copy of any final decision rejecting the
foreign application or refusing the grant
requested in the foreign application.
(3)  The applicant shall, at the request of the
Registrar, furnish him with a copy of any final decisioninvalidating the patent gr anted on the basis of the
foreign application referred to in Subsection (2).
(4)  Subsection (2)(a) and (c) shall not apply in
respect of information relating to the examination ofthe same international application in another electedOffice where the Intellectual Property Registry is anelected Office in the meaning of Section 16 and hasreceived or will receive an  international preliminary
examination report.
Filing Date; 9.(1)  The Registrar shall accord as the
Examination filing date the date of receipt of the application,
provided that, at the time of receipt, the applicationcontains:
(a) an express or implicit indication that the
granting of a patent is sought;
(b) indications allowing the identity of the
applicant to be established;
(c) a part which, on the face of it, appears to
be a description of an invention.
(2)  If the Registrar finds that the application did
not, at the time of receipt, fulfill the requirementsreferred to in Subsection (1), he shall invite theapplicant to file the required correction and shallaccord as the filing date the date of receipt of theIP/N/1/ATG/P/1
Page 10
required correction, but if no correction is made, the
application shall be treated as if it had not been filed.
(3)  Where the application refers to drawings which
in fact are not included in the application, the Registrarshall invite the applicant to furnish the missingdrawings.  If the applicant complies with the saidinvitation, the Registrar sha ll accord as the filing date
the date of receipt of the missing drawings.  Otherwise,the Registrar shall accord as the filing date the date ofreceipt of the application and shall treat any referenceto the said drawings as non-existent.
(4)  After according a filing date, the Registrar shall
examine whether the application complies with therequirements of Section 5(1) , (2), (3) and (4) and the
Regulations pertaining ther eto and those requirements
of this Act and the Regulations which are designatedby the Regulations as formal requirements for thepurposes of this Act and wh ether information requested
under Section 8, if any, has been provided.
(5)  Where the Registrar is of the opinion that the
application complies with the requirements indicated insubsection (4), the Registrar shall take a decision as towhether the requirements of Sections 2(1)(ii) and (2),
3, 5(5), (6), (7) and (8) and 6 and the Regulationspertaining thereto are fulfilled and for this purposemay, as provided for in the Regulations, cause theapplication to be examined.
(6)  The Registrar shall take into account, for the
purposes of subsection (5),
(i) the results of any international search
report and any international preliminaryexamination report es tablished under the
PCT in relation to the application; and/or
(ii) a search and examination report
submitted under Section 8(2)(a) relatingto, or a final decision submitted underSection 8(2)(c) on the refusal to grant apatent on, a corresponding foreignapplication; and/or
(iii) a search and examination report which
was carried out upon his request by anIP/N/1/ATG/P/1
Page 11
external search and examination
authority.
Grant of Patent; 10. (1)  Where the Registrar finds that the conditions
Changes in Patents referred to in Section 9(4) are fulfilled, he shall grant
the patent; or he shall refu se the application and notify
the applicant of that decision.
(2)  When he grants a patent, the Registrar shall:
(a) publish a reference to the grant of the
patent;
(b) issue to the applicant a certificate of the
grant of the patent and a copy of thepatent;
(c) record the patent;
(d) make available copies of the patent to
the public, on payment of the prescribedfee.
(4)  The Registrar shall, upon request of the owner of
the patent, make changes in th e text or drawings of the
patent in order to limit the extent of the protectionconferred thereby, provided that the change would notresult in the disclosure contained in the patent goingbeyond the disclosure contained in the initialapplication on the basis of  which the patent was
granted.
Rights Conferred by 11.(1)  The expl oitation of the patented invention
Patent in Antigua a nd Barbuda by persons other than the
owner of the patent shall require the latter’s agreement.
(2)  For the purposes of this Act, “exploitation” of a
patented invention means any of the following acts:
(a)  when the patent has been granted in respect
of a product:
(i) making, importing, offering for sale,
selling and using the product;IP/N/1/ATG/P/1
Page 12
(ii) stocking such product for the purposes
of offering for sale, selling or using;
(b)  when the patent has been granted in respect
of a process:
(i) using the process;
(ii) doing any of the acts referred to in
paragraph (a) in respect of a productobtained directly by means of theprocess.
(3)  The owner of the patent shall, in addition to
any other rights, remedies or actions available to him,have the right, subject to s ubsection (4), Section 13 and
14, to institute court proceedings against any personwho infringes the patent by performing, without hisagreement, any of the acts referred to in subsection (2)or who performs acts which make it likely thatinfringement will occur.
(4)(1)  The rights under the patent shall not extend:
(a) to acts in respect of articles which have
been put on the market in any countryby the owner of the patent or with hisconsent; or
(b) to the use of articles on aircraft, land
vehicles or vessels of other countrieswhich temporarily or accidentally enterthe airspace, territory or waters ofAntigua and Barbuda;  or
(c) to acts done only for experimental
purposes relating to a patentedinvention;  or
(d) to acts performed by any person who in
good faith, before the filing or, wherepriority is claimed, the priority date ofthe application on which the patent isgranted and in Antigua and Barbuda,was using the invention or was makingeffective and serious preparations forsuch use.IP/N/1/ATG/P/1
Page 13
(2)  The right of prior user referred to in
subsection (1) (d) may be transferred or devolve onlytogether with the enterprise or business, or with thatpart of the enterprise or business, in which the use orpreparations for use have been made.
5 (a)  For the purposes of civil proceedings in respect
of the infringement of rights of the owner, if thesubject matter of a patent is a process for obtaining aproduct, the court may orde r the defendant to prove
that the process used to obtain an identical product isdifferent from the patented process.
(b) Any identical product when produced
without the consent of the patent ownershall, in the absence of proof to thecontrary, be deemed to have beenobtained by the patented process, if theproduct obtained by the patentedprocess is new.
(6)  In requiring the production of evidence, the
Court before which the proceeding referred to insubsection (5) take place sh all take into account the
legitimate interests of the alleged infringer in notdisclosing his manufacturi ng and business secrets.
.Duration and  12.(1)  Subject to subsection (2), a patent
Annual Fees shall expire 20 years after the filing date of the
application for the patent.
(2)   In order to maintain the patent or patent
application, an annual fee shall be paid in
advance to the Registrar for each year, startingone year after the filing date of the applicationfor grant of the patent.
(3)   A period of grace of six months shall be
allowed for the late payment of the annual feeon payment of the prescribed surcharge.
(4)   If the annual fee is not paid in accordance with
the provisions of this section, the patentapplication shall be deemed to have beenwithdrawn or the patent shall lapse.IP/N/1/ATG/P/1
Page 14
Exploitation by Government 13.(1)  Where
or Person thereby Authorized
(a) the public interest, in particular, national
security, nutrition, health or thedevelopment of other vital sectors of the
national economy so requires, or
(b) the  [Registrar]
* has determined that the
manner of exploitation, by the owner ofthe patent or his licensee, is anti-competitive, and the Minister is satisfiedthat the exploitation of the invention in
accordance with this subsection would
remedy such practice,
the Minister may decide that, even without the
agreement of the owner of the patent, a Governmentagency or a third person designated by the Ministermay exploit the invention.
(2)  The exploitation of th e patented invention shall
be limited to the purpose for which it was authorizedand shall be subject to the payment to the owner of anadequate remuneration therefor , taking into account the
economic value of the Minister’s authorization, asdetermined in the decision, and, where a decision hasbeen taken under paragraph (b) of subsection (1), theneed to correct anti-competitive practices.
(3) A request for the Minister’s authorization
shall be accompanied by evidence that theowner of the patent has received, from theperson seeking the authorization, a requestfor a contractual licence, but that that personhas been unable to obtain such a licence onreasonable commercial terms and conditions
and within a reasonable time.
(4)  Subsection (3) shall not apply in cases of
(a) national emergency or other
circumstances of extreme urgencyprovided, however, that in such casesthe owner of the pate nt shall be notified
                                                     
* TRIPS Article 31(c) and (k) refer to “a practice dete rmined after judicial or administrative process to
be anti-competitive…”  One could provide for a court procedure or, if there is a competent administrative
authority in Antigua and Barbuda under a Fair Tradi ng Act or the equivalent, the procedure thereunder;IP/N/1/ATG/P/1
Page 15
of the Minister’s decision as soon as
reasonably practicable,
(b) public non-commercial use, and
(c) anti-competitive practices determined as
such by a judicial or administrative bodyin accordance with subsection (1)(b).
(5) The exploitation of a patented invention in
the field of semi-condu ctor technology shall
only be authorized either for public non-commercial use or where a judicial or
administrative body has determined that the
manner of exploitation of the patentedinvention, by the owner of the patent or hislicensee, is anti-competitive and if theMinister is satisfied that the issuance of thenon -voluntary licence would remedy suchpractice.
(6)  The authorization shall not exclude:
(a) the conclusion of licence contracts by
the owner of the patent;  or
(b) the continued exercise, by the owner of
the patent, of his rights underSection 11(2);  or
(c) the issuance of a non-voluntary licence
under Section 14.
(7) Where a third person has been designated by the
Minister, the authorization may only betransferred with the enterprise or business ofthat person or with the part of the enterpriseor business within which the patentedinvention is being exploited.
(8)  The exploitation of the invention by the
Government agency or third persondesignated by the Minister shall bepredominantly for the supply of the market inAntigua and Barbuda.
(9)    Upon request of the owner of the patent, of the
Government agency or of the third personIP/N/1/ATG/P/1
Page 16
authorized to exploit the patented invention,
the Minister may, after hearing the parties, if
either or both wish to be heard, vary theterms of the decision authorizing theexploitation of the patented invention to theextent that changed circumstances justifysuch variation.
(10)  Upon the request of the owner of the patent,
the Minister shall terminate the authorizationif he is satisfied, after hearing the parties, if
either or both wish to be heard, that the
circumstances which led to his decision haveceased to exist and are unlikely to recur orthat the Government agency or third persondesignated by him has failed to comply withthe terms of the decision.
(11)  Notwithstanding subsection (10), the
Minister shall not terminate the authorizationif he is satisfied that the need for adequate
protection of the legitimate interests of the
Government agency or third persondesignated by him justifies the maintenanceof the decision.
(12)  The decisions of the Minister under
subsections (1) to (11) may be the subject ofan appeal before the High Court.
Non-Voluntary Licences 14 (1)  On request, made to the Registrar after the
expiration of a period of four years from the date offiling of the patent application or three years from thedate of the grant of the patent, whichever periodexpires last, the Registra r may issue a non-voluntary
licence if he is satisfied that the patented invention isnot exploited or is insufficiently exploited, by workingthe invention locally or by importation, in Antigua andBarbuda.
(2)  Notwithstanding subsection (1), a non-voluntary
licence shall not be issued if the owner of the patentsatisfies the Registrar that circumstances exist whichjustify the non-exploitation or insufficient exploitationof the patented inventi on in Antigua and Barbuda.IP/N/1/ATG/P/1
Page 17
(3)  The decision issuing the non-voluntary licence
shall fix
(a) the scope and function of the licence,
(b) the time limit within which the licensee
must begin to exploit the patentedinvention, and
(c) the amount of the remuneration to be
paid to the owner of the patent and theconditions of payment.
(4)  The beneficiary of the non-voluntary licence
shall have the right to expl oit the patented invention in
Antigua and Barbuda accordin g to the terms set out in
the decision issuing the licence, shall commence theexploitation of the patented invention within the timelimit fixed in the said decision and, thereafter, shallexploit the patented invention sufficiently.
.
(5)  If the invention claimed in a patent (“later patent”)cannot be exploited in the country without infringing apatent granted on the basis of an application benefitingfrom an earlier filing or, where appropriate, prioritydate (“earlier patent”), and provided that the invention
claimed in the later pate nt involves an important
technical advance of considerable economicimportance in relation to the invention claimed in theearlier patent, the Registrar, upon the request of theowner of the later patent, may issue a non-voluntarylicence to the extent necessary to avoid infringement ofthe earlier patent.
(6)  Where a non-voluntary licence is issued under
subsection (5), the Registrar, upon the request of theowner of the earlier patent, shall issue a non-voluntarylicence in respect of the later patent.
(7)  In the case of a request for the issuance of a
non-voluntary licence under subsections (5) and (6),subsection (2) shall apply mutatis mutandis  with the
proviso that no time limit needs to be fixed.
(8)  In the case of a non-voluntary licence issued
under subsection (5), the transfer may be made onlywith the later patent, or, in  the case of a non-voluntaryIP/N/1/ATG/P/1
Page 18
licence issued under subsection (6), only with the
earlier patent.
(9)  The request for the issuance of a non-voluntary
licence shall be subject to payment of the prescribedfee.
(10)  Section  13 (2) to (10) shall apply mutatis
mutandis .
Invalidation 15.(1)  Any interested  person may request the court to
invalidate a patent.
(2)  The court shall invalidate the patent if the
person requesting the invalidation proves that any ofthe requirements of Sections 2(1)(ii), (2), 3 and 5(5),
(6), (7) and (8) is not fulfilled or if the owner of thepatent is not the inventor or his successor in title.
(3)  Any invalidated patent, or claim or part of a
claim, shall be regarded as null and void from the date
of the grant of the patent.
(4)  The final decision of the court shall be notified
to the Registrar who shall record it and publish areference thereto as soon as possible.
PART II:   INTERNATIONAL APPLICATIONS
UNDER THE PATENT COOPERATION TREATY
Interpretation of Terms 16.  For the purposes of this Act:
Concerning the PCT
(i) “Patent Cooperation Treaty” means the
Patent Cooperation Treaty done atWashington on June 19, 1970;
(ii) “designate,” “designated Office,”
“elect,” “elected Office,” “internationalapplication,” “inter national filing date,”
“international preliminary examination”and “receiving Office” have the samemeanings as in the Patent CooperationTreaty.IP/N/1/ATG/P/1
Page 19
Filing Date and 17.  An interna tional application designating
Effects of International An tigua and Barbuda shall, subject to this Part, be
Application Designating treated as an  application for a patent filed under
Antigua and Barbuda this Ac t having as its filing date  the international filing
date accorded under the Patent Cooperation Treaty.
Intellectual Property Registry 18.(1)  Th e Intellectual Property Registry shall,
as Receiving Office unle ss an agreement is in force under subsection (2),
act as a receiving Office in respect of any internationalapplication filed with it by  a resident or national of
Antigua and Barbuda.
(2)  With the consent of the Minister, the
Intellectual Property Registry may make an agreementof the kind referred to in Rule 19.1(b) of theRegulations under the Pa tent Cooperation Treaty
whereby an intergovernmental organization or thenational Office of another Contracting State of the
Patent Cooperation Treaty shall act instead of the
Intellectual Property Registry as receiving Office forapplicants who are residents or nationals of Antiguaand Barbuda.
Filing of International 19.  An intern ational applicati on filed with the
Applications with the Intellectual Pr operty Registry as receiving Office
Intellectual Property Registry shall be filed in the prescribed language and the
prescribed transmittal fee shall be paid to theIntellectual Property Registry.
Intellectual Property Registry 20.  The In tellectual Property Registry shall act
as Designated Office as a designated Office in respect of an international
application in which Antigua and Barbuda is
designated for the purposes of obtaining a nationalpatent under this Act.
Intellectual Property Registry 21.  The In tellectual Property Registry shall act
as Elected Office as an elected Office in respect of an international
application in which Antigua and Barbuda is
designated as referred to in Section 20 if the applicantelects Antigua and Barbuda for the purposes ofinternational preliminary ex amination under Chapter II
of the Patent Cooperation Treaty.
National Processing 22.  The Intellectua l Property Registry as designated
Office or elected Office shall not commenceprocessing of an internati onal applicati on designating
Antigua and Barbuda before  the expiration of the time
limit referred to in Section 23 except if the applicantIP/N/1/ATG/P/1
Page 20
complies with the requirements of that Section and
files with the Intellectual Property Registry an expressrequest for early commencement of such processing.
Entering 23.  The applicant in respect of an international
National Phase application designa ting Antigua and Barbuda shall,
before the expiration of the time limit applicable under
Article 22 or 39 of the Pate nt Cooperation Treaty or of
such later time limit as may be prescribed in theRegulations:
(a) pay the prescribed fee to the Intellectual
Property Registry; and
(b) if the international application was not
filed in, or has not been published underthe Patent Cooperation Treaty as atranslation into English, file with theIntellectual Property Registry atranslation of the internationalapplication, containing the prescribedcontents, into English.
Failure to Enter 24.  If the applicant does not comply with the
National Phase requirements of section 23 within the time limit
referred to in that section, the international application
shall be considered withdr awn for the purposes of this
Act.
Processing 25.(1)  The Intellectual Propert y Registry shall pr ocess international
International applications in accordance with the provisions of the PatentApplications Cooperation Treaty, the Regu lations established thereunder and the
in Accordance Administrative Instructions  under those Regulations and with the
with the PCT provisions of th is Act and the Regulations.
(2) In the event of conflict, the provisions of the Patent Cooperation
Treaty, the Regulations thereunder and the Administrative Instructionsunder those Regulations shall appl y; and the Regulations under this
Act may provide for the processing of international applications in
such a case.
(3)  Further details concerning the processing of international
applications by, and other functi ons of, the Intellectual Property
Registry in connection with the Patent Cooperation Treaty, including
fees payable, time limits and other requirements in relation tointernational applications, may be included in the Regulations.IP/N/1/ATG/P/1
Page 21
PART III:   UTILITY MODEL CERTIFICATES
Applicability of 26.—(1) Subject to section 27, the provisions of this
Provisions Relating Act shall apply, mutatis mutandis , to utility model
to Patents certificates or applications therefor as the case may be.
(2) Where the right to a patent conflicts with the right
to a utility model certificate in the case referred to insection 4(3), the said provision shall apply as if theword “patent” were replaced by the words “patent orutility model certificate.”
Special Provisions 27.—(1) An invention qualifies for a utility model
Relating to Utility  certificate if it is new and is industrially applicable.Model Certificates
(2) Section 3 (1) and (5) shall not apply in the case ofinventions for which utility model certificates arerequested.
(3) A utility model certificate shall expire, without any
possibility of renewal, at the end of the seventh year
after the date of the filing of the application.
(4) Section 12 shall not apply in the case of utility
model certificates.
(5) In proceedings under section 15, the court shall
invalidate the utility model certificate on the following
grounds,
(a) that the claimed invention did not qualify for a
utility model certificate, having regard to subsection(1) and (2) and to section 3 (2), (3), (4), (6);(b) that the description and the claims do not
comply with the requirements prescribed by section5(5), (6) and (7) and the regulations pertaining thereto;(c) that any drawing which is necessary for the
understanding of the invention has not been furnished;(d) that the owner of the utility model certificate is
not the inventor or his successor in title.
(7) Section 15(2) shall not apply in the case of utility
model certificates.IP/N/1/ATG/P/1
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Conversion of Patent 28.—(1) At any time before the grant or
Applications or a patent, an applicant for a patentApplications for. may, upon - payment of the prescribed fee,Utility Model convert his application into an application for aCertificates utility model certificate, which shall be accorded the
filing date of the initial application.
(2) At any time before the grant or rejection of a utility
model certificate, an applicant for a utility modelcertificate may, upon payment of the prescribed fee,convert his application into a patent application, whichshall be accorded the filing date of the initialapplication.
(3) An application may not be converted under
subsection (1) more than once.
PART IV: GENERAL PROVISIONS
Changes in Ownership; 29. (1)  Any change in the ownership of a patent or in the
License Contracts ownership of an application therefor, shall be in writing and
shall, at the request of any interested party, to the Registrar,be recorded and, except in the case of an application,published by the Registrar; but  such change shall have no
effect against third parties until such recording is effected.
(2)  ).   Any license contract concerning a patent or an
application therefor, shall be submitted to the Registrar whoshall keep its contents confidential but shall record it andpublish a reference thereto.  The license contract shall haveno effect against third parties until such recording iseffected.
Agents 30.  Where an applicant’s or dinary residence or principal
place of business is outside An tigua and Barbuda, he shall
be represented by an attorney at law resident and practicing
in Antigua and Barbuda
Registers; 31 (1) The Registrar shall maintain a register for patents to
be
Official Bulletin called the Register of Patents and utility model certificates.
All the recordings provided for in this Act shall be effectedin the Register.IP/N/1/ATG/P/1
Page 23
(2)  The Register may be consulted by any person, and any
person may obtain extracts therefrom, under the conditionsprescribed in the Regulations.
(3)  The Registrar shall publish in the Gazette  all the
publications provided for in this Act.
Correction of Errors; 32.(1)  The Registra r may, subject to any provision in the
Extension of Time Regulations, correct any error of translation or
transcription, clerical error or  mistake in any application or
document filed with the Registrar  or in any recordingeffected pursuant to this Act or the Regulations.
(2)  If the Registrar is satisfied that the circumstances
justify it, he may, upon receiving a written request, extendthe time for doing any act or taking any proceeding underthis Act and the Regulations , upon notice to the parties
concerned and upon such terms as he may direct; and such
extension may be granted though the time for doing the actor taking the proceeding has expired.
Competence of Court 33.(1)  The High C ourt shall have jurisdiction in cases of
and  Appeals dispute relating to th e application of this Act and the
Regulations and in matters wh ich under this Act are to be
referred to the court.
(2)  Any decision taken by the Registrar under this Act, in
particular the grant of a pa tent, or the refusal of an
application for such a grant, may be the subject of an appealby any interested party before the Court and such appealshall be filed within two months  of the date of the decision.
 
Infringement; Unlawful Acts; 34.(1)  S ubject to Sections 11(4), 13, and 14, an
infringement Offences shall consist of th e performance of any act referred to in
Section 11 in Antigua and Barbuda by a person other thanthe owner of the title of protection and without the
agreement of the latter.
(2)  On the request of the owner of the title of protection, or
of a licensee if he has requested the owner to institute courtproceedings for a specific relief and the owner has refusedor failed to do so, the court may grant an injunction toprevent infringement, an imminent infringement, awarddamages and grant any other remedy provided for in thegeneral law.IP/N/1/ATG/P/1
Page 24
(3)  Any person who knowingly performs an act which
constitutes an infringement as defined in subsection (1) isguilty of an offence and is liable on summary conviction to
a fine of $100,000 or to imprisonment for a term of threeyears
Application of International 35.  The provisions of any inte rnational treaties in respect
of
Treaties industrial propert y to which Antigua and Barbuda is a party
shall apply to matters  dealt with by this Act and, in case of
conflict with provisions  of this Act, shall prevail over the
latter.
Regulations. 36  The Minister may ma ke regulations prescribing details
for the implementation of  this Act and the regulations may,in particular provide for the payment of fees in connection
with applications for the gr ant of a patent and matters
related thereto.
.
Repeals and Transitional 37 (1) The Patents Act is repealed.
Provisions
(2)  Notwithstanding the repeal of the Patents Act,  patents
granted thereunder shall remain in force but shall, subject to
subsections (3), be deemed to have been granted under thisAct.
(3)  Patents thus granted shall remain in force for the
unexpired portion of the pe riod of protection provided
under this Act, subject to the payment of annualmaintenance fees provided for in this Act.
(4)  The Minister may by Order published in the Gazette
make any further transitional or saving provisions which
appear to him to be necessary or desirable.
Passed the House of Representatives this Passed the Senate this
                     Day of                     2001     day of        2001
                     Speaker President
Clerk to the House of Representatives Clerk to the Senate
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