WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/LCA/P/1 
1 September 2004 
 (04-3620) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   english/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
SAINT LUCIA 
   The present document reproduces the text
1 of the Patents Act 2001, as notified by Saint Lucia 
under Article 63.2 of the Agreement (see document IP/N/1/LCA/2).  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SAINTE-LUCIE 
 
  Le présent document contient le texte
1 de la Loi de 2001 sur les brevets, notifiée par 
Sainte-Lucie au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/LCA/2). 
 
 
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 
 
SANTA LUCÍA 
  
 En el presente documento se reproduce el texto
1 de la Ley de Patentes de 2001, que 
Santa Lucía ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/LCA/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/LCA/P/1 
Page 2  
 
Patents Act 
 
SAINT LUCIA 
______ 
 
No. 16 of 2001 
ARRANGEMENT OF SECTIONS 
 
PART I 
PRELIMINARY 
Section 
1. Short title and commencement 
2. Interpretation 
 
PART II 
ADMINISTRATION 
 3. Delegation by Registrar 
4. Powers of Registrar 
5. Disobedience to summons 6. Refusal to give evidence 7. Persons employed in the Registry not to traffic in inventions 8. Persons employed in Registry not to furnish information 
 
PART III 
PATENTABILITY 
 9. Patentable inventions 10. Novelty 
11. Inventive step 
12. Industrial application 13. Priority date 14. Disclosure of matter, etc., betw een earlier and later applications 
 
PART IV 
RIGHT TO APPLY FOR AND OBTAIN PATENT 
 15. Right to apply for and obtain patent 16. Determination before grant of questi ons about entitlement to patents etc. 
17. Determination after grant of questions referred before grant 
18. Handling of application by joint applicants 
19. Effect of transfer of application under section 16 or 18 20. Mention of inventor  
PART V 
APPLICATIONS FOR PATENTS 
 21. Making of application 22. Date of filing application 23. Publication of application 
  IP/N/1/LCA/P/1 
 Page 3 
 
 
PART VI 
PROCEDURE FOR GRANT OF PATENT 
 24. Examination as to form 25. Search and examination and corr esponding international applications 
26. Grant of patent 
27. General power to amend application before grant 
28. Failure of application 29. Information prejudicial to defen ce of Saint Lucia or safety of public 
30. Restrictions on applications abroad by Saint Lucia residents 
 
PART VII 
PROVISIONS AS TO PATENTS AFTER GRANT 
 31. Publication and certificate of grant 
32. Term of patent and notice for renewal fee 
33. Patent not to be impugned for lack of unity 34. General power to amend specification after grant 35. Restoration of lapsed patents 36. Surrender of patents  
PART VIII 
PROPERTY IN PATENTS AND APPLICATIONS 
FOR PATENTS AND REGISTRATION 
 37. Nature of, and transactions in, pa tents and applications for patents 
38. Register of patents 
39. Effect of registration, etc., on rights in patents 40. Rectification of register 41. Evidence of register, documents, etc. 42. Co-ownership of patents and applications for patents 43. Determination of right to patent after grant 
44. Effect of transfer of patent under section 43 
 
PART IX 
EMPLOYEES INVENTIONS 
 
45. Right to employees inventions 
46. Supplementary provisions  
PART X 
CONTRACTS AS TO PATENTED PRODUCTS 
 
47. Avoidance of certain restrictive conditions 
48. Determination of parts of certain contracts  
PART XI 
LICENCES OF RIGHT AND COMPULSORY LICENCES 
 
49. Licences of right 50. Cancellation of entry made under section 49 51. Compulsory licences 52. Inventions relating to food or medicine or surgical or curative device 
53. Provisions as to licences under section 51or 52 IP/N/1/LCA/P/1 
Page 4  
 
54. Exercise of powers on application under section 51 55. Opposition, appeal and arbitration 56. Supplementary provisions  
PART XII 
USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNMENT 
 57. Use of patented inventions for services of Government 58. Interpretation, etc. of provisions about Government use 59. Rights of third parties in respect of Government use 
60. References of disputes as to Government use 
61. Special provisions as to Government use during emergency  
PART XIII 
INFRINGEMENT OF PATENTS 
 
62. Meaning of infringement 63. Proceedings for infringement of patent 64. Reversal of burden of proof 65. Restrictions on recovery of damages for infringement 66. Relief for infringement of partially valid patent 
67. Right to continue use begun before priority date 
68. Certificate of contested validity of patent 69. Proceedings for infringement by co-owner 70. Proceedings for infringement by exclusive licensee 71. Effect of non-registration on infringement proceedings 
72. Infringement of rights conferred by publication of application 
73. Remedy for groundless threats of infringement proceedings 74. Declaration as to non-infringement  
PART XIV 
REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS 
 
75. Information on result of corresponding international applications 76. Power to revoke patents on application 77. Registrar’s power to revoke patents 78. Proceedings in which validity of patent may be put in issue 
 
PART XV 
AMENDMENT OF PATENTS AND APPLICATIONS 
 79. Amendment of patent in infri ngement or revocation proceedings 
80. Amendments of applications and patents not to include added matter 
 
PART XVI 
INTERNATIONAL APPLICATIONS FOR PATENT 
 81. Effect of filing international application for patent 
82. International and natio nal phases of application 
83. Adaptation of provisions in rela tion to international applications 
84. Evidence of Patent Co-operation Treaty and its instruments 85. Convention countries  IP/N/1/LCA/P/1 
 Page 5 
 
 
PART XVII 
LEGAL PROCEEDINGS 
 86. Proceedings before Court or Registrar 87. Appeals from Registrar 
88. General powers of Court 
89. Exercise of Registrar’s discretionary powers 90. Right of audience in patent proceedings 91. Extension of privilege for communications with attorney-at-law 92. Costs and expenses in proceedings before Registrar 
93. Security for costs 
94. Licences granted by order of Registrar  
PART XVIII 
OFFENCES 
 
95. Falsification of register, etc. 96. Unauthorised claim of patent rights 97. Unauthorised claim that patent has been applied for 
98. Misuse of title “Registry of Companies and Intellectual Property” 99. Offences by corporation and partnerships 
 
PART XIX 
MISCELLANEOUS AND GENERAL 
 100. Immunity of Government, persons employed in Registry and examiners 
101. Correction of errors in patents and applications 
102. Information about patent applications and patents, and insp ection of documents 
103. Service by post 104. Extension of time 105. Work done after hours of business 106. Government’s right to sell forfeited articles 
107. Extent of invention 
108. Availability of samples of micro-organisms 109. Regulations 110. Transitional 
 IP/N/1/LCA/P/1 
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I ASSENT 
[L.S.]                 PEARLETTE LOUISY, 
Governor-General. 
 
27th August, 2001 . 
 
SAINT LUCIA 
———— 
No. 16 of 2001 
 
AN ACT to give effect to certain international conve ntions on patents, and for related matters. 
[ ON ORDER ] 
BE IT ENACTED by the Queen’s Most Excellent Maj esty, by and with the advice and consent of the 
House of Assembly and the Senate of Saint Lucia,  and by the authority of the same, as follows : 
 
PART I 
PRELIMINARY 
 
Short title and commencement 
1.—  (1) This Act may be cited as the Patents Act, 2001. 
(2) This Act shall come into force on a date to be fixed by the Minister, by Order published in 
the Gazette . 
(3) The Minister may fix different dates for the coming into force of the different Parts or 
provisions of this Act. 
 
Interpretation 
2.—  (1) In this Act — 
“Convention on International Exhibitions” means the Convention relating to International Exhibitions 
signed in Paris on 22
nd November, 1928, as amended or supplemented by any protocol to that 
convention which is for the time being in force; 
“Court” means the High Court; “date of filing”, in relation to — 
(a) an application for a patent made under this Act, me ans the date of filing that application by virtue 
of section 22; and 
(b) any other application, means the date which, under the law of the country where the application 
was made or in accordance with the terms of a tr eaty or convention to which that country is a 
party, is to be treated as the date of filing that a pplication in that country or is equivalent to the 
date of filing an 
application in that country, whatever the outcome of the application; “Deputy Registrar” means the Deputy Registrar of  Companies and Intellectual Property appointed 
under the Companies and Intellectual Property (Registry) Act 2000, No.12; 
“designate”, in relation to an application for a pa tent, means designated country or countries, pursuant 
to the Patent Co-operation Treaty, in which prot ection is sought for the invention which is the 
subject of the application or patent; 
“employee” means a person who works or, wher e the employment has ceased, worked under a 
contract of employment or in employment under or for the purposes of a Government department; 
 “employer”, in relation to an employee, mean s the person by whom the employee is or was 
employed; 
“examiner” means a person, organisation, or foreign or international patent office or organisation as 
may be prescribed to whom the Registrar may refe r questions relating to patents, including search 
and examination of applications for patents; 
“existing patent” means a patent which was registered or granted pursuant to the repealed enactment, 
and which was due to expire after the coming into force of this Act;  IP/N/1/LCA/P/1 
 Page 7 
 
 
“exclusive licence” means a licence from the proprietor of, or applicant for a patent conferring on the 
licensee, or on the licensee and persons authorised by the licensee, to the exclusion of all other 
persons, including the proprietor or applicant, any right in respect of the invention to which the patent or application relates, and “exclusiv e licensee” and “non-exclus ive licence” shall be 
construed accordingly; 
“filing fee” means the fee prescribed for the purposes of section 21; 
“formal requirements” means those requirements de signated as such by Regulations made for the 
purposes of section 24; 
“Government” when used with a capital “G ” means Government of Saint Lucia; 
“international application for a patent” means an  application made under the Patent Co-operation 
Treaty; 
“international application for a patent (Saint Lucia) ” means an application of that description which, 
on its date of filing, designates Saint Lucia; 
“International Bureau” means the secretariat of  the World Intellectua l Property Organisation 
established by the convention signed at Stockholm on 14th July, 1967; 
“international exhibition” means an official or o fficially recognised international exhibition falling 
within the terms of the Convention on Interna tional Exhibitions or falling within the terms 
of any subsequent treaty or convention replacing that convention; “inventor”, in relation to an invention, means the actual deviser of the invention and “joint inventor” 
shall be constructed accordingly; 
 “Minister” means the Minister responsible for Intellectual Property; 
“mortgage”, when used as a noun, includes a charge for securing money or money’s worth and, when 
used as a verb, shall be constructed accordingly; 
“Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 
20th March, 1883; 
“patent” means a patent under this Act and incl udes a patent in force by virtue of section 110; 
“Patent Co-operation Treaty” means the treaty of that name signed at Washington on 19th June, 1970; 
“patented invention” means an invention for which a patent is granted and “patented process” shall be 
construed accordingly; 
“patented product” means a product which is a patented  invention or, in relation to a patented process, 
a product obtained directly by means of the pr ocess or to which the process has been applied; 
“person” includes the Government; 
“prescribed” means prescribed pursuant to the Regulations; 
“priority date” means the date determined as such under section 13; “published” means made available to  the public ,whether in Saint Lucia or elsewhere, and a document 
shall be taken to be published under any provision of  this Act if it can be inspected as of right at 
any place in Saint Lucia by members of the public, whether on payment of a fee or not, and 
“republished” shall be construed accordingly; 
“Register”, when used as a noun, means the Register of Patents kept under section 38; 
“Registrar” means the Registrar of Companies and Intellectual Property appointed pursuant to the 
Companies and Intellectual Property (Registry) Act 2000, No. 12; 
“Registry” means the Registry of Companies and Intellectual Property established under the 
Companies and Intellectual Property (Registry) Act 2000, No.12 ; 
 “repealed enactment” means Title X of the Co mmercial Code, CAP. 244 which was repealed 
pursuant to the Trademarks Act 2001; 
“right”, in relation to any patent or application, in cludes an interest in the patent or application and, 
without prejudice to the foregoing, any reference to  a right in a patent includes a reference to a 
share in the patent; 
“scientific adviser” means a person with any scientific  qualification, a medical practitioner, engineer, 
architect, surveyor, accountant, actuary or any other specially skilled person; 
“services of the Government” and “use of the services of the Government” have the same meanings as 
in section 58(2), including, in respect of any pe riod of emergency within the meaning of section 
61, the meanings assigned to them by that section; IP/N/1/LCA/P/1 
Page 8  
 
(2) The Regulations may provide for stating in the Gazette that an exhibition falls within the 
definition of “international exhibition” in subsecti on (1) and any such statement shall be conclusive 
evidence that the exhibition fa lls within that definition. 
(3) For the purposes of this Act, a matter shall be  taken to have been disclosed in any relevant 
application within the meaning of section 13 or in th e specification of a patent if it was either claimed 
or disclosed, otherwise than by way of disclaimer or  acknowledgment of prior art, in that application 
or specification. 
(4) References in this Act to an application fo r a patent, as filed, are references to such an 
application in the state it was on the date of filing. 
(5) References in this Act to an application for a patent being published are references to it 
being published under section 23. 
(6) References in this Act to the Paris C onvention or the Patent Co-operation Treaty are 
references to that Convention or Treaty or any ot her international conventio n or agreement replacing 
it, as amended or supplemented by any convention or  international agreement, including in either case 
any protocol or annex, to which Saint Lucia is a party, or in accordance with the terms of any such 
convention or agreement and includ e references to any instrument made under any such convention 
or agreement. 
(7) The Arbitration Ordinance CAP. 14 shall not apply to any proceedings before the 
Registrar under this Act.  
PART II 
ADMINISTRATION 
 
Delegation by Registrar 
3.—  (1) The Registrar may, in relation to a particular matter or class of matters, by writing under 
his or her hand, delegate all or any of his or her powers or functions under this Act, except this power 
of delegation, to any public officer so that the delegated powers and functi ons may be exercised by 
the delegate with respect to the matter or class of matters specified in the instrument of delegation. 
(2) A delegation under this section is revocable  at will and no delegation shall prevent the 
exercise of a power or function by the Registrar or a Deputy Registrar. 
 
Powers of Registrar 
4. The Registrar may, for the purposes of this Act — 
(a) summon witnesses; 
(b) receive evidence on oath, whether orally or otherwise; 
(c) require the production of documents or articles. 
 
Disobedience to summons 5. —  (1) A person who has been summoned to app ear as a witness before the Registrar shall not, 
without lawful excuse, fail to appear in obedience to the summons. 
(2) A person who has been required by the Regi strar to produce a document or article shall 
not, without lawful excuse, fail to produce the document or article. 
(3) A person who contravenes subsection (1) or  (2) commits an offence and is liable on 
conviction to a fine not exceeding one thousand dolla rs or to imprisonment for a term not exceeding 
six months or to both. 
 
Refusal to give evidence 
6.—  (1) A person who appears before the Registra r shall not, without lawful excuse, refuse to 
swear an oath or to make an affirmation, or to produce documents or articles, or to answer questions, 
which that person is lawfully required to produce or answer. 
(2) A person who contravenes subsection (1) comm its an offence and is liable on conviction 
to a fine not exceeding one thousand dollars or to  imprisonment for a term not exceeding six months 
or to both.   IP/N/1/LCA/P/1 
 Page 9 
 
 
Persons employed in Registry not to traffic in inventions 
7.—  (1) A person employed in the Registry shall not buy, sell, acquire or traffic in an invention or 
patent, whether granted in Saint Lucia or elsewhere, or in a right to, or licence under a patent, whether 
granted in Saint Lucia or elsewhere. 
(2) A person who contravenes subsection (1), co mmits an offence and is liable on conviction 
to a fine not exceeding one thousand dollars or to  imprisonment for a term not exceeding six months 
or to both. 
(3) A purchase, sale, acquisition, assignment or tran sfer made or entered into in contravention 
of this section is void. 
(4) This section shall not apply to the actual i nventor or to an acquisition by bequest or 
devolution in law. 
 
Persons employed in Registry not to furnish information 
8.—  (1) A person employed in the Registry shall not, except when required or authorised by this 
Act, or under a direction in writing of the Registrar or by order of a court — 
(a) furnish information on a matter which is bei ng, or has been, dealt with under this Act; 
(b) prepare, or assist in the preparation of, a documen t required or permitted by or under this Act to be 
filed with the Registrar; unless required or authorised  to do so under this Act, or by virtue of a 
written direction from the Registrar or an order of the Court. 
(2) A person who contravenes subsection (1), co mmits an offence and is liable on conviction 
to a fine not exceeding one thousand dollars or to  imprisonment for a term not exceeding six months 
or to both. 
 
PART III 
PATENTABILITY 
 
Patentable inventions 9.—  (1) Subject to subsections (2) and (3), a patent able invention is one that satisfies the following 
conditions — (a) the invention is new; 
(b) it involves an inventive step; and 
(c) it is capable of industrial application. 
(2) The following, among other things, are not inventions for the purposes of this Act — 
(a) anything which consists of- 
(i) a discovery, scientific theory or mathematical method; (ii) a literary, dramatic, musical or artistic wo rk or any other aesthetic creation whatsoever; 
(iii) a scheme, rule or method for performing a mental  act, playing a game or doing business, or a     
program for a computer; 
(iv) the presentation of information; or (b) anything which consists of diagnostic, therapeu tic and surgical methods for the treatment of 
humans or animals. 
(3) The Minister may, by Order published in the Gazette , vary the provisions of subsection (2) 
for the purposes of maintaining them in conformity  with developments in science and technology. 
 Novelty 
10.—  (1) An invention shall be taken to be new if it does not form part of the state of the art. 
(2) The state of the art in the case of an inve ntion shall be taken to comprise all matter, 
whether a product, a process, information about a pro duct or process, or anything else, which has at 
any time before the priority date of that invention been made available to th e public whether in Saint 
Lucia or elsewhere, by written or oral description, by use, or in any other way. 
(3) The state of the art in the case of an inven tion to which an application for a patent or a 
patent relates shall be taken also to comprise matt er contained in an application for another patent 
which was published on or after the priority date of  that invention, if the following conditions are 
satisfied — IP/N/1/LCA/P/1 
Page 10  
 
(a) that matter was contained in the applicati on for that other patent both as published; and 
(b) the priority date of that matter is earlier than that of the invention. 
(4) In the case of an invention consisting of a substance or composition for use in a method of 
treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human 
or animal body, the fact that the substance or compos ition forms part of the state of the art shall not 
prevent the invention from being taken to be new if the use of the substance or composition in any 
such method does not form part of the state of the art. 
 
Inventive step 
11. An invention shall be taken to involve an inventiv e step if it is not obvious to a person skilled in 
the art, having regard to any matter which forms pa rt of the state of the art by virtue only of section 
10(2) and without regard to section 10(3). 
 
Industrial application 
12.—  (1) Subject to subsection (2), an invention shall be taken to be capable of industrial 
application if it can be made or used in any kind of industry, including agriculture, fishery and 
handicraft. 
(2) An invention of a method of treatment of the human or animal body by surgery or therapy 
or of diagnosis practised on the human or animal bod y shall not be taken to be capable of industrial 
application. 
(3) Subsection (2) shall not prevent a product consisting of a substance or composition being 
treated as capable of industrial application mere ly because it is invented for use in any method 
mentioned in that subsection. 
 
Priority date 
13.— (1) For the purposes of this Act, the priority date  of an invention to which an application for a 
patent relates and also of any matter, whether or not the same as the invention, contained in the 
application is, except as provided by the provisions of  this Act, the date of filing the application. 
(2) If in or in connection with an applicati on for patent, in this section referred to as the 
application in suit, a declaration is made, whether by the applicant or his or her predecessor in title, 
complying with the relevant requirements of the Regulations and specifying one or more earlier 
relevant applications for the purposes of this secti on made by the applicant or his or her predecessor in 
title and each having a date of filing during the peri od of twelve months immediately preceding the 
date of filing the application in suit, then — (a) if an invention to which the application in suit relates is supported by matter disclosed in the 
earlier relevant application or applications, the priori ty date of that invention shall instead of being 
the date of filing the application in suit be the date  of filing the relevant application in which that, 
matter was disclosed or, if it was disclosed in more  than one relevant application, the earliest of 
them. 
(b) the priority date of any matter contained in the application in suit which was also disclosed in the 
earlier relevant application or applications shall be  the date of filing the relevant application in 
which that matter was disclosed or, if it was disclos ed in more than one relevant application, the 
earliest of them. 
(3) Where an invention or other matter containe d in the application in suit was also disclosed 
in two earlier relevant applications filed by the same applicant, as in the case of the application in suit, 
or his or her predecessor in title and the second of tho se relevant applications was specified in or in 
connection with the application in suit, the second of  those relevant applications shall, so far as it 
concerns that invention or matter, be disregarded unless — 
(a) it was filed in or in respect of the same country as the first; and 
(b) not later than the date of filing the second, the first, whether or not so specified, was 
unconditionally withdrawn, or was abandoned or refused, without — 
(i) having been made available to the pub lic whether in Saint Lucia or elsewhere; 
(ii) leaving any rights outstanding; and 
(iii) having served to establish a priority date in  relation to another application, wherever made.  IP/N/1/LCA/P/1 
 Page 11 
 
 
(4) This section shall apply for determining the priority date of an invention for which a 
patent has been granted as it applies for determining the priority date of an invention to which an 
application for that patent relates. 
(5) In this section and section 14, “relevant application” means any of the following 
applications which has a date of filing — 
(a) an application for a patent under this Act; or 
(b) an application in or for a convention country specified pursuant to section 85 for protection in 
respect of an invention or an application wh ich, in accordance with the law of a convention 
country or a treaty or international convention to which a convention country is a party, is 
equivalent to such an application. 
 Disclosure of matter, etc., between earlier and later applications 
14.—  (1) For the avoidance of doubt that where an a pplication, being the application in suit, is made 
for a patent and a declaration is made in accordance with section 13(2) in or in connection with that 
application specifying an earlier relevant applicati on, the application in suit and any patent granted 
pursuant to it shall not be invalidated by reason only of the relevant intervening acts. 
(2) In subsection (1), “relevant interveni ng acts” means acts done in relation to matter 
disclosed in an earlier relevant application between the dates of the earlier relevant application and the 
application in suit, as for example, filing another application for the invention for which the earlier 
relevant application was made, making information ava ilable to the public about that invention or that 
matter or working that invention, but disregarding an y application, or the disclosure to the public of 
matter contained in any application, which is itself to be disregarded for the purposes of section 13(3). 
 
PART IV 
RIGHT TO APPLY FOR AND OBTAIN PATENT 
 
Right to apply for and obtain patent 15.—  (1) A person may make an application for a pa tent either alone or jointly with another. 
(2) A patent for an invention may be granted -— 
(a) primarily to the inventor or joint inventors; 
(b) in preference to paragraph ( a), to any person or persons who, by virtue of any enactment or rule of 
law, or any foreign law or treaty or international c onvention, or by virtue of an enforceable term of 
any agreement entered into with the inventor befo re the making of the invention, was or were at 
the time of the making of the invention entitled to  the whole of the property in it, other than 
equitable interests, in Saint Lucia; 
(c) in any event, to the successor or successors in title of any pe rson or persons mentioned in 
paragraph ( a) and ( b) or any person so mentioned and th e successor or successors in title of 
another person so mentioned;  and to no other person. 
(3) Except so far as the contrary is established,  a person who makes an application for patent 
shall be taken to be the person w ho is entitled under subsection (2) to be granted a patent and two or 
more persons who make such an application jointl y shall be taken to be the persons so entitled. 
 
Determination before grant of questions about entitlement to patents, etc. 
16.—  (1) At any time before a patent has been granted for an invention — 
(a) any person may refer to the Registrar the questio n whether he or she is entitled to be granted, 
alone or with any other persons, a patent for that invention or has or would have any right in or 
under any patent so granted or any application for such a patent; or 
(b) any of two or more co-proprietors of an applica tion for a patent for that invention may refer to the 
Registrar the question whether any right in or under application should be transferred or granted to 
any other person; and the Registrar shall determin e the question and may make such order as he or 
she thinks fit to give effect to the determination. 
(2) Where a person refers a question relati ng to an invention under subsection (1) ( a) to the 
Registrar after an application for a patent for the invention has been filed and before a patent is 
granted pursuant to the application, then, unless the application is refused or withdrawn before the IP/N/1/LCA/P/1 
Page 12  
 
reference is disposed of by the Registrar, the Re gistrar may, without prejudice to the generality of 
subsection (1) and subject to subsection (6) — (a) order that the application shall proceed in the name of that person, either solely or jointly with that 
of any other applicant or any specified applicant; 
(b) where the reference was made by two or more pe rsons, order that the application shall proceed in 
all their names jointly; 
(c) refuse to grant a patent pursuant to the applicati on or order the application to be amended so as to 
exclude any of the matter in respect of which the question was referred; or 
(d) make an order transferring or granting any licence or other right in or under the application and 
give directions to any person for carrying out the provisions of any such order. 
(3) Where a question is referred to the Registrar under subsection (1) ( a) and — 
(a) the Registrar orders an application for a patent fo r the invention to which the question relates to be 
so amended; 
(b) any such application is refused under subsection (2) ( c) before the Registrar has disposed of the 
reference, whether the reference was made before or after the publication of the application; or 
(c) any such application is refused under any other pr ovision of this Act or is withdrawn before the 
Registrar has disposed of the reference, but after the publication of the application; the Registrar 
may order that any person by whom the refere nce was made may within the prescribed period 
make a new application for a patent for the whole or part of any matter comprised in the earlier application or, as the case may be, for all or any of the matter excluded form the earlier 
applications, subject in either case to section 80, a nd in either case that, if such a new application is 
made, it shall be treated as having been filed on the date of filing the earlier application. 
(4) Where a person refers a question under subsection (1) ( b) relating to an application, any 
order under subsection (1) may contain directions to  any person for transferring or granting any right 
in or under the application. 
(5) If any person to whom directions have been given under subsection (2) ( d) or (4) fails to 
do anything necessary for carrying out any such directi ons within fourteen days after the date of the 
directions, the Registrar may, on application made to him or her by any other person in whose favour 
or on whose reference the directions were given, auth orise that other person to do that thing on behalf 
of the person to whom the directions were given. 
(6) Where on a reference under this section it is alleged that, by virtue of any transaction, 
instrument or event relating to an invention or an  application for a patent, any person other than the 
inventor or the applicant for the patent has become  entitled to be granted, whether alone or with any 
other persons, a patent for the invention or has or would have any right in or under any patent, an 
order shall not be made under subsection (2) ( a), (b) or ( d) on the reference unless notice of the 
reference is given to the applicant and any such person, except any of them who is party to the 
reference. 
(7) If it appears to the Registrar on a refere nce of a question under this section that the 
question involves matters which woul d more properly be determined by the Court, he or she may 
decline to deal with it and, without prejudice to  the Court’s jurisdiction to determine any such 
question and make a declaration, the Co urt shall have jurisdiction to do so. 
(8) No direction shall be given under this section so as to affect the mutual rights or 
obligations of trustees or of the personal representatives of deceased persons, or their rights or 
obligations as such. 
 
Determination after grant of questions referred before grant 
17. If a question with respect to a patent or applica tion is referred by any pers on to the Registrar under 
section 16, and is not determined before the time when the application is first in order for a grant of a 
patent pursuant to the application, that fact shall not prevent the grant of a patent, but on its grant that 
person shall be treated as having referred to the Re gistrar under section 43 any question mentioned in 
that section which the Registrar thinks appropriate.   IP/N/1/LCA/P/1 
 Page 13 
 
 
Handling of application by joint applicants 
18. If any dispute arises between joint applicants for a patent whether or in what manner the 
application should be proceeded with, the Registrar ma y, on a request made by any of the parties, give 
such directions as the Registrar thinks fit for enablin g the application to proceed in the name of one or 
more of the parties alone or for regulating the manne r in which it shall be proceeded with, or for both 
those purposes, as the case may require. 
 
Effect of transfer of application under section 16 or 18 
19.—  (1) Where an order is made or directions ar e given under section 16 or 18 that an application 
for a patent shall proceed in the name of one or so me of the original applicants, whether or not it is 
also to proceed in the name of some other pe rson, any licences or other rights in or under the 
application shall, subject to the provisions of th e order and any directions under either of those 
sections, continue in force and be treated as granted by the persons in whose name the application is 
to proceed. 
(2) Where an order is made or directions are given under section 16 that an application for a 
patent shall proceed in the name of one or more persons none of whom was an original applicant, on 
the ground that the original applicant or applicants  was or were not entitled to be granted the patent, 
any licences or other rights in or under the applicati on shall, subject to the provisions of the order and 
any directions under that section and subject to subsection (3), lapse on the registration of the 
person or those persons as the applicant or app licants or, where the application has not been 
published, on the making of the order. 
(3) If before registration of a reference under section 16 resulting in the making of any order 
mentioned in subsection (2) — (a) the original applicant or any of the applicants, acting in good faith, worked the invention in 
question in Saint Lucia or made effectiv e and serious preparations to do so; or 
(b) a licensee of the applicant, acting in good faith, worked the invention in Saint Lucia or made 
effective and serious preparations to do so; 
the original applicant or applicants or the licen see shall, on making a request within the prescribed 
period to the person in whose name the applica tion is to proceed, be entitled to be granted a 
licence, but not an exclusive licence, to conti nue working or, as the case may be, to work the 
invention. 
(4) A licence pursuant to subsection (3) shall be granted for a reasonable period and on 
reasonable terms. 
(5) Where an order is made as mentioned in s ubsection (2), the person in whose name the 
application is to proceed or any person claiming that he or she is  entitled to be granted any such 
licence may refer to the Registrar the question whet her the latter is so entitled and whether any such 
period is or terms are reasonable, and the Registrar shall determine the question and may, if he or she 
considers it appropriate, order the grant of such a licence. 
 
Mention of inventor 
20.—  (1) The inventor or joint inventors of an inve ntion shall have a right to be mentioned as such 
in any patent granted for the invention and shall also have a right to be so mentioned if possible in any 
published application for a patent for the invention and, if not so mentioned, a right to be so 
mentioned in accordance with the Regul ations in a prescribed document. 
(2) Unless an applicant for a patent has alread y given the Registrar the information mentioned 
in this subsection, that applicant shall, within the prescribed period, file with the Registrar a statement  
(a) identifying the person or persons whom the applican t believes to be the inventor or inventors; or 
(b) where the applicant is not the sole inventor or th e applicants are not the joint inventors, indicating 
the derivation of the applicant’s or applicants’ right  to be granted the patent; and if the applicant 
fails to do so, the application shall be treated as having been abandoned. 
(3) Where a person has been mentioned as a sole or  joint inventor pursuant to this section, any 
other person who alleges that the former ought not to  have been mentioned may at any time apply to 
the Registrar for a certificate to that effect, and the Registrar may issue such a certificate. 
 IP/N/1/LCA/P/1 
Page 14  
 
PART V 
APPLICATIONS FOR PATENTS 
 
Making of application 
21.—  (1) An application for a patent — 
(a) shall be made in the prescribed form and shall be  filed with the Registrar in the prescribed manner; 
and 
(b) shall be accompanied by the prescribed f ee for the purposes of this subsection. 
(2) Where an application is not accompanied by the fee mentioned in subsection (1) ( b), the 
fee shall be paid within the prescribed period. 
(3) An application for a patent shall contain — 
(a) a request for the grant of a patent; 
(b) a specification containing a description of the invention, a claim or claims and any drawing 
referred to in the description or any claim; and 
(c) an abstract; but this subsection shall not prev ent an application being initiated by documents 
complying with section 22 (1). 
(4) The specification of an application for a pa tent shall disclose the invention in a manner 
which is clear and complete for the invention to be performed by a person skilled in the art. 
(5) An application for a patent shall — 
(a) define the matter for which the applicant seeks protection; 
(b) be clear and concise; 
(c) be supported by the description; and 
(d) relate to one invention or to a group of inventi ons which are so linked as to form a single inventive 
concept. 
(6) Without prejudice to the generality of subsection (5) ( d), the Regulations may provide for 
treating two or more inventions as being so linke d as to form a single inventive concept for the 
purposes of this Act. 
(7) The purpose of the abstract is to give technical information and on publication it shall not 
form part of the state of the art by virtue of section 10 (3), and the Registrar may determine whether the abstract adequately fulfils its purpose and,  if it does not, may reframe it so that it does. 
(8) An application for a patent may be withdraw n at any time before the patent is granted and 
any withdrawal of such an application may not be revoked.  Date of filing application 
22.—  (1) The date of filing an application for a patent  shall, subject to the provisions of this Act, be 
taken to be the earliest date on which the following considerations are satisfied in relation to the 
application — 
(a) the documents filed at the Registry contain an indication that a patent is sought pursuant to the 
application; 
(b) those documents identify the applican t or applicants for the patent; and 
(c) those documents contain a description of the inven tion and one or more claims whether or not the 
description or the claim or claims complies with the other provisions of this Act and with any 
relevant Regulations. 
(2) An application for a patent shall be examined on filing to determine whether — 
(a) the filing fee has been paid; and 
(b) the application satisfies the requireme nts for the accordance of a filing date. 
(3) If a date of filing cannot be accorded pursuan t to subsection (2), the Registrar shall give 
the applicant an opportunity to correct the deficienci es, and if the deficiencies are not corrected within 
the prescribed period, the application sh all be treated as having been abandoned. 
(4) If the filing fee has not been paid within  the period prescribed under section 21 (2), the 
application shall be treated as having been abandoned. 
(5) If before the grant of a patent under section 26 it is found that any drawing referred to in 
any such application is filed later th an the date which by virtue of subsection (1) is to be treated as the 
date of filing the application, the Registrar shall give the applicant an opportunity of requesting,  IP/N/1/LCA/P/1 
 Page 15 
 
 
within the prescribed period, that the date on wh ich the drawing is filed shall be treated for the 
purposes of this Act as the date of filing the application, and — (a) if the applicant makes any such request, the date  of filing the drawing shall be so treated; but 
(b) otherwise any reference to the drawing in the application shall be treated as omitted. 
(6) Where, after an application for a patent has b een filed and before the patent is granted, a new 
application is filed by the original applicant or  his or her successor in title in accordance with the 
Regulations in respect of any of the matters cont ained in the earlier application and the conditions 
mentioned in subsection (1) are satisfied in re lation to the new application, without the new 
application contravening section 80, the new appli cation shall be treated as having, as its date of 
filing, the date of filing the earlier application. 
(7) Nothing in subsection (5) shall be construe d as affecting the power of the Registrar under 
section 101 (1) to correct errors or mistakes with respect to the filing of drawings. 
 
Publication of application 
23.— (1) Subject to section 29, where an application has a date of filing, then, as soon as possible 
after the end of the prescribed period, the Registrar shall, unless the application is — 
(a) withdrawn; 
(b) treated as having been abandoned; or 
(c) refused; 
before preparations for its publication have been  completed by the Registrar, publish it as filed, 
including not only the original claims but also any amendments of those claims and new claims 
subsisting immediately before the completion of th ose preparations, and the Registrar may, if so 
requested by the applicant, publish it as aforesaid during that period, and in either event shall publish 
the fact and date of its publication in the Gazette . 
(2) The Registrar may omit from the specificati on of a published application for a patent any 
matter 
(a) which in his or her opinion disparages any person  in a way likely to damage that person; or 
(b) the publication or exploitation of which would in his or her opinion be generally expected to 
encourage offensive, immoral or anti-social behaviour. 
 
PART VI 
PROCEDURE FOR GRANT OF PATENT 
 Examination as to form 
24.—  (1) Where an application for a patent has a da te of filing and is not withdrawn or treated as 
having been abandoned, the Registrar shall, as s oon as practicable after the end of the prescribed 
period, examine the application so as to determ ine whether the application complies with those 
requirements pursuant to this Act which are designa ted by the Regulations as formal requirements for 
the purposes of this Act. 
(2) Where, after an examination under subsection (1), it is determined that not all the formal 
requirements are complied with, the Registrar shall give the applicant an opportunity to make observations and to amend the application within such period as the Registrar may specify so as to 
comply with those requirements, subject, however, to section 80, and if the applicant fails to do so, 
the Registrar may refuse the application. 
 
Search and examination and correspo nding international applications 
25.—  (1) Where an application for a patent complies with all the formal requirements referred to in 
section 24(1), the Registrar shall notify the applicant who shall — 
(a) file a request in the prescribed form and pay the prescribed fee for a search report within the 
prescribed period; 
(
b) file a request in the prescribed form and pay th e prescribed fee for a search and examination report 
within the prescribed period; or 
(c) where the applicant has filed, alone or jointly with any other person, a corresponding international 
application for a patent, not designating Saint Luci a, or a corresponding application for a patent at IP/N/1/LCA/P/1 
Page 16  
 
any prescribed patent office, furnish such detail as prescribed and within the prescribed period, of 
all the 
corresponding international applications and the othe r corresponding applications filed by him or her; 
and if the applicant fails to make such request, pa y the prescribed fee or furnish the prescribed detail 
within the prescribed period, the application sh all be treated as having been abandoned at the end 
of the period prescribed under paragraph ( a), (b) or ( c), whichever is the latest. 
(2) Where the applicant has filed a request a nd paid the fee under subsection (1) (a), the 
Registrar shall cause the application to be subject to  a search by an examiner to discover the relevant 
prior art contained in such documentation as may be prescribed. 
(3) Upon receipt of the report of the search carried out under subsection 
(2), the Registrar shall send to the applicant a copy  of the report, and the applicant may, within the 
prescribed period, file a request and pay the pr escribed fee for an examination report on the 
application so as to determine whether the conditions  specified in sections 9 and 21(4) and (5) have 
been complied with, taking into consideration all the re levant prior art, if any, referred to in the search 
report; and upon receipt of the report, the Registrar shall send to the applicant a copy of the report. 
(4) Where the applicant has furnished th e prescribed details under subsection (1) ( c), he or she 
shall, subject to subsection (5), within the prescrib ed period, file the prescribed information in or 
translated into the English Language relating to any one of the corresponding international 
applications or other corresponding applica tions referred to in subsection (1) ( c). 
(5) The applicant may, instead of filing the pr escribed information referred to in subsection 
(4), within the prescribed period, either — 
(a) file a copy of a search report in respect of any one of the corresponding international applications 
or other corresponding applications referred to in subsection (1) ( c), together with a request in the 
prescribed form and the prescribed fee, for an examination report; or 
(b) file a request in the prescribed form and pa y the prescribed fee for a search and examination 
report. 
(6) Where the applicant has filed a request  and paid the fee under subsection (1) ( b) or (5) ( b), 
the Registrar shall cause the application to be subject to — (a) a search by an examiner to discover the relevant  prior art contained in such documentation as may 
be prescribed; (b) an examination by an examiner so as to dete rmine whether the conditions specified in sections 9 
and 21 (4) and (5) have been complied with, taking into consideration all the relevant prior art, if any, 
discovered in the search, and upon receipt of the sear ch and examination report, the Registrar shall 
send to the applicant a copy of the report. 
(7) Where the applicant has filed a request  and paid the fee under subsection (5) ( a), the 
Registrar shall cause the application to be subject  to an examination by an examiner so as to 
determine whether the conditions specified in sections  9 and 21 (4) and (5) have been complied with, 
taking into consideration all the relevant prior art,  if any, referred to in the search report and upon 
receipt of the examination report, the Registrar shall send to the applicant a copy of the report. 
(8) Where an international application for a pa tent (Saint Lucia) has been filed by the 
applicant and the international preliminary examina tion report is not established, the applicant may, 
within the prescribed period file a request in the prescribed form and pay the prescribed fee, for an 
examination report on the application so as to determ ine whether the conditions specified in sections 9 
and 21 (4) and (5) have been complied with, taking into consideration all the relevant prior art, if any, 
referred to in the international search report, and upo n receipt of the examination report, the Registrar 
shall send to the applicant a copy of the report. 
(9) For the purposes of this Part, “corre sponding international application” and 
“corresponding application”, in relation to an invent ion, mean an application for protection filed, 
respectively, under the Patent Co-operation Treaty or with any prescribed patent office in respect of 
the same or substantially the same invention as that which is the subject of the application in suit, the 
application filed under the Patent Co-operation Treat y or with the prescribed patent office being — 
(a) the basis for a priority claim pursuant to section 13 in the application in suit; or 
(b) subject to a priority claim based on the application in suit or an application which is also the basis 
for a priority claim pursuant to section 13 in the application in suit.  IP/N/1/LCA/P/1 
 Page 17 
 
 
Grant of patent 
26.—  (1) Where before the end of the prescribed  period the conditions in subsection (2) are 
satisfied, the Registrar shall gran t a patent to the applicant. 
(2) The conditions referred to in subsection (1) are — 
(a) that all the formal requirements have been complied with; 
(b) in the case of an international application for a patent(Saint Lucia) where Saint Lucia has been 
elected in accordance with Chapter II of the Pate nt Co-operation Treaty, that the international 
preliminary examination report of the appli cation has been received by the Registrar; 
(c) in any other case, that the following reports or information have been received by the Registrar — 
(i) the search and examination report referred to in section 25 (6); 
(ii) the search report and the examinatio n report referred to in section 25 (3); 
(iii) the search report referred to in section 25 (5 ) and the examination report referred to in section 
25 (7); 
(iv) the examination report referred to in section 25 (8); or (v) the prescribed information relating to any on e of the corresponding international applications 
or other corresponding applications re ferred to in section 25 (4); and 
(d) that the prescribed fee for the gr ant of a patent has been paid. 
(3) Notwithstanding subsection (1), the Re gistrar may refuse to grant a patent — 
(a) pursuant to more than one application where two or more applications for a patent for the same 
invention having the same priority date have b een filed by the same applicant or his or her 
successor in title; or 
(b) in respect of any thing referred to in section 9 (2) or any invention referred to in section 9(3). 
 
General power to amend application before grant 
27.—  (1) If it appears to an examiner, during the exam ination of an application, that the conditions 
specified in sections 9 and 21(4) and (5) have not been complied with, the examiner shall give the 
applicant at least one written opinion to that effect , and the application shall before the examination 
report is issued have the right to — (a) respond to the written opinion within any prescribed period; and 
(b) amend the specification of the application in  accordance with the pr escribed conditions and 
subject to section 80. 
(2) Notwithstanding subsection (1), at any time before a patent is granted pursuant to an 
application, the applicant may, in accordance with the prescribed conditions and subject to section 80, 
amend the application of his or her own volition. 
 
Failure of application 
28.—  (1) Where an application for a patent has not, before the end of such period as may be 
prescribed, complied with the requirements of section 26(2), the application shall be treated as having 
been abandoned at the end of that period. 
(2) If at the end of the period prescribed pursuant to subsection (1), an appeal to the court is 
pending in respect of the application or the time with in which such an appeal could be brought has not 
expired, that period — (a) where such an appeal is pending, or is brought w ithin the said time or before the expiration of any 
extension of that time granted, in the case of a firs t extension, on an application made within that 
time or, in the case of a subsequent extension, on an application made before the expiration of the 
last previous extension, shall be extended until such date as the court may determine; 
(b
) where no such appeal is pending or is so brought, shall continue until the end of the said time or, if 
any extension of that time is so granted, until the expiration of the extension or last extension so 
granted. 
 
Information prejudicial to defence of Saint Lucia or safety of public 
29.—  (1) Where an application for a patent is filed with the Registrar, whether under this Act or any 
treaty or international convention to which Saint Luci a is a party, and it appears to the Registrar that 
the application contains information of a descripti on notified to him or her by the Minister as being IP/N/1/LCA/P/1 
Page 18  
 
information the publication of which might be prejud icial to the national security of Saint Lucia, the 
Registrar shall give directions prohibiting or restri cting the publication of that information or its 
communication to any specified person or description of persons. 
(2) If it appears to the Registrar that any a pplication so filed contains information the 
publication of which might be prejudicial to the safet y of the public, the Registrar may give directions 
prohibiting or restricting the publication of that information or its communication to any specified 
person or description or persons until the end of a period not exceeding three months from the end of 
a period prescribed for the purposes of section 23. 
(3) While directions are in force under this section with respect to an application — 
(a) if the application is made under this Act, it will be held in abeyance after the formal requirements 
of this Act and the Regulations have been met and will not proceed to be processed in accordance 
with section 25 until the directions are revoked under subsection (4) ( e); and 
(b) if it is an international application for a patent, a copy of it shall not be sent to the International 
Bureau or any international searching authority appointed under the Pate nt Co-operation Treaty. 
(4) Where the Registrar gives directions under this  section with respect to any application, he 
or she shall give notice of the application and of the directions to the Minister, and the following 
provisions shall then have effect — (a) the Minister shall, on receipt of the notice, cons ider whether the publication of the application or 
the publication or communication of the information in question would be prejudicial to the defence of Saint Lucia or the safety of the public; 
(b) if the Minister determines under paragraph ( a) that the publication or communication of that 
information would be prejudicial to the safety of the public, he or she shall notify the Registrar 
who shall continue his directions under subsec tion (2) until they are revoked under paragraph ( e); 
(c) if the Minister determines under paragraph ( a) that the publication of the application or the 
publication or communication of that information would be prejudicial to the defence of Saint 
Lucia or the safety of the public, the Minister shall, unless a notice under paragraph ( d) has 
previously been given by the Minister to the Registrar, reconsider that question during the period 
of nine months from the date of filing the appli cation and at least once in every subsequent period 
of twelve months; 
(d) if on consideration of an application at any time it appears to the Minister that the publication of 
the application or the publication or communication of the information contained in it would not, 
or would no longer, be prejudicial to the defence of Saint Lucia or the safety of the public, he or 
she shall give notice to the Registrar to that effect; and 
(e) on receipt of such a notice the Registrar shall revoke the directions, and may, subject to such 
conditions, if any, as he or she thinks fit, extend the time for doing anything required or authorised 
to be done by or under this Act in connection w ith the application, whether or not that time has 
previously expired. 
(5) The Minister may at any time, for the purpose of enabling him or her to decide the 
question referred to in subsection (4) ( c), do one or both of the following, that is to say, inspect or 
authorise any person to inspect the application and any documents sent to the Registrar in connection 
with it and where a person is authorised to carry out such inspection, he or she shall as soon as practicable report on his or he r inspection to the Minister. 
(6) Where directions given under this section in r espect of an application for a patent for an 
invention are revoked, and the application is brought in  order for the grant of a patent and a patent is 
granted for the invention, then — (a) if while the directions are in force the invention is worked by, or with the written authorization of 
or to the order of, a Government department, th e provisions of Part XII shall apply as if — 
(i) the working was use made pursuant to section 57; 
(ii) the application had been published at the end of the prescribed period or at the time the 
directions were revoked, wh ichever is earlier; and 
(iii) a patent had been granted for the invention at  the time the application is brought in order for 
the grant of a patent, taking the terms of the patent to be those of the application as it stood at the time it was so brought in order; and  IP/N/1/LCA/P/1 
 Page 19 
 
 
(b) if it appears to the Minister that the applica tion for the patent has suffered hardship while the 
directions were in force, the Minister may make such payment, if any, by way of compensation to 
the applicant as appears to the Minister to be r easonable having regard to the inventive merit and 
utility of the invention, the purpose for which it is  designed and any other relevant circumstances. 
(7) Where a patent is granted pursuant to an a pplication in respect of which directions have 
been given under this section, no renewal fees shall be payable in respect of any period during which 
those directions were in force. 
(8) Any person who fails to comply with any direction under this section commits an offence 
and is liable on conviction to a fine not exceeding fi ve thousand dollars or to imprisonment for a term 
not exceeding one year or to both. 
(9) Nothing in this section shall prevent the di sclosure of information concerning an invention 
to a Government department or authority for the purpose of obtaining advice as to whether directions under this section with respect to an application fo r a patent for that invention should be made, 
amended or revoked. 
 
Restrictions on applications abroad by Saint Lucia residents 30.—  (1) Subject to this section, a person resident in Saint Lucia shall not, without written authority 
granted by the Registrar, file or cause to be filed out side Saint Lucia an application for a patent for an 
invention unless -— (a) an application for a patent for the same invention has been filed in the Registry not less than two  
months before the application outside Saint Lucia; and 
(b) no directions have been given under section 29 in relation to the a pplication in Saint Lucia or all 
such directions have been revoked. 
(2) Subsection (1) shall not apply to an applica tion for a patent for an invention for which an 
application for a patent has first been filed in a country outside Saint Lucia by a person who is 
resident outside Saint Lucia. 
(3) A person who files, or causes to be filed an application for the grant of a patent in 
contravention of this section commits an offence and is liable on conviction to a fine not exceeding 
five thousand dollars or to imprisonment for a term not exceeding one year or to both. 
(4) In this section — 
(a) a reference to an application for a patent includ es a reference to an application for other protection 
for an invention; 
(b) a reference to either kind of application is a reference to an application under this Act, under the 
law of any country other than Saint Lucia or unde r any treaty or international convention to which 
Saint Lucia is a party; and 
(c) “person resident in Saint Lucia” includes a person who, at the material time, is residing in Saint 
Lucia by virtue of a valid permit lawfully issued to him or her under the Immigration Act to enter 
and remain in Saint Lucia for any purpose. 
 
PART VII 
PROVISIONS AS TO PATENTS AFTER GRANT 
 
Publication and certificate of grant 
31.—  (1) As soon as practicable after a patent has been granted under this Act, the Registrar shall 
publish, in the Gazette, a notice that it has been granted. 
(2) The Registrar shall, as soon as practicab le after he or she publishes a notice under 
subsection (1), send the proprietor of  the patent a certificate in the pr escribed form that the patent has 
been granted to the proprietor. 
(3) The Registrar shall, at the same time as he or she publishes a notice under subsection (1) 
in relation to a patent, publish in the Gazette  the specification of the patent, the names of the 
proprietor and, if different, the inventor and any other matters, including the prescribed information 
under sections 25 and 26 constituting or  relating to the patent which in  the Registrar’s opinion it is 
desirable to publish.  IP/N/1/LCA/P/1 
Page 20  
 
Term of patent and notice for renewal fee 
32.—  (1) A patent granted under this Act shall be treated for the purposes of this Act as having been 
granted, and shall take effect on the date on which notice of its grant is published in the Gazette and, 
subject to subsection (2), shall continue in force until the end of the period of twenty years beginning 
with the date of filing the application for the pate nt or with such other date as may be prescribed. 
(2) A patent shall cease to have effect at the e nd of the prescribed period if the renewal fee is 
not paid. 
(3) If during the period of six months immediat ely following the end of the prescribed period 
the renewal fee and any prescribed additional fee are paid, the patent shall be treated for the purposes 
of this Act as if it had never expired, and accordingly — 
(a) anything done under or in relation to it dur ing that further period shall be valid; 
(b) an act which would constitute an infringement of it,  if it had not expired, shall constitute such an 
infringement; and 
(c) an act which would constitute the use of the pate nted invention for the services of the Government 
if the patent had not expired shall constitute that use. 
(4) The Registrar shall notify the registered propr ietor of a patent that a renewal fee has not 
been received from that proprietor before the end of the prescribed period. 
 
Patent not to be impugned for lack of unity 
33. A person shall not in any proceeding object to a patent or to an amendment of a specification of a 
patent on the ground that the claims contained in the specification of the patent, as they stand or, as 
the case may be, as proposed to be amended, relate -— 
(a) to more than one invention; or 
(b) to a group of inventions which are not linked as to form a single inventive concept. 
 
General power to amend specification after grant 
34.—  (1) Subject to this section and to section 80, th e Registrar may, on an application made by the 
proprietor of a patent, allow the specification of the patent to be amended subject to such conditions, 
if any, as the Registrar thinks fit. 
(2) An amendment pursuant to subsection (1) sh all be allowed under this section where there 
are pending before the court or the Registrar proceed ings in which the validity of the patent may be 
put in issue. 
(3) An amendment of a specification of a pate nt under this section shall have effect and be 
deemed always to have had effect from the date of grant of the patent. 
(4) A person may give notice to the Registrar of  his or her opposition to  an application under 
this section by the proprietor of a patent, and if the person gives notice the Registrar shall notify the proprietor and consider the opposition in deci ding whether to grant the application. 
 Restoration of lapsed patents 
35.—  (1) Where a patent has ceased to have effect by  reason of a failure to pay any renewal fee, an 
application for the restoration of the patent may be made to the Registrar within the prescribed period. 
(2) An application under this section may be made by the person who was the proprietor of 
the patent or by any other pers on who would have been entitled to the patent if it had not ceased to 
have effect, and where the patent was held by two or  more persons jointly, the application may, with 
the leave of the Registrar, be made by one or more of them without joining the others. 
(3) Notice of the application shall be publishe d by the Registrar in the prescribed manner. 
(4) If the Registrar is satisfied that the proprieto r of the patent took reasonable care to see that 
any renewal fee was paid within the prescribed peri od or that the fee and any prescribed additional fee 
were paid within the six months immediately follow ing the end of that period, the Registrar shall, 
subject to subsection (5), restore the patent on pa yment of any unpaid renewal fee and any prescribed 
additional fee. 
(5) A restoration pursuant to subsection (4) ma y be made subject to such conditions as the 
Registrar thinks fit, including a condition requiring  compliance with any provisions of the Regulations 
relating to registration which have not been complied with, and if the proprietor of the patent does not  IP/N/1/LCA/P/1 
 Page 21 
 
 
comply with any such condition of the order, the Registrar may revoke the order and give such directions consequential on the re vocation as he or she thinks fit. 
(6) The effect of an order for the restoration of a patent during the period between expiry and 
restoration is that the patent shall be treated as valid. 
(7) Anything done under or in relation to the patent during the period between expiry and 
restoration shall be treated as valid. 
(8) Anything done during that period which w ould have constituted an infringement if the 
patent had not expired shall be treated as an infringement — (a) if done at a time when it was possible fo r the patent to be renewed under section 32 (3); 
(b) if it was a continuation or repetition of an earlier infringing act. 
(9) If after it was no longer possible for the patent  to be renewed, and before publication of 
notice of the application for restoration, a person — (a) began in good faith to do an act which would ha ve constituted an infringement of the patent if it 
had not expired; or 
(b) made in good faith effective and serious preparations  to do such an act; the person has the right to 
continue to do the act or, as the case may be, to do the act, notwithstanding the restoration of the 
patent, but subject to subsection (10) this right does not extend to granting a licence to another person to do the act. 
(10) If the act was done, or the preparations were  made, in the course of a business, the person 
entitled to the right conferred by subsection (9) may — (a) authorise the doing of that act by any of his or he r partners for the time being in that business; and 
(b) assign that right, or transmit it on death, or in the case of a body corporate on its dissolution, to 
any person who acquires that part of the business in the course of which the act was done or the 
preparations were made. 
(11) Where a product is disposed of to another person in exercise of the rights conferred by 
subsection (9) or (10), that other person and any person claiming through him or her may deal with 
the product in the same way as if it had been dispo sed of by the registered proprietor of the patent. 
(12) Subsections (7) to (11) shall apply in rela tion to the use of a patent for the services of the 
Government as they apply in relati on to infringement of the patent. 
 
Surrender of patents 
36.—  (1) The proprietor of a patent may at any time by notice given to the Registrar offer to 
surrender his or her patent. 
(2) A person may give notice to the Registrar of his or her opposition to the surrender of a 
patent under this section, and the Registrar shall notif y the proprietor of the patent and determine the 
question. 
(3) If the Registrar is satisfied that the patent  may properly be surrendered, the Registrar may 
accept the offer and, the patent shall cease to have effect, but no action for infringement shall lie in 
respect of any act done before that date and no ri ght to compensation shall accrue for any use of the 
patented invention before that date for the services of the Government.  
PART VIII 
PROPERTY IN PATENTS AND APPLICATIONS 
FOR PATENTS AND REGISTRATION 
 
Nature of and transactions in, patents and applications for patents 
37.—  (1) A patent or an application for a patent  is personal property, without being a thing in 
action, and any patent or any such application and ri ghts in or under it may be transferred, created or 
granted in accordance with this section. 
(2) Subject to section 42 (3), a patent or an application for, or any right in a patent , may be 
assigned or mortgaged. 
(3) A patent or an application for or right in a patent shall vest by operation of law in the same 
way as any other personal propert y and may be vested by an assent of personal representatives. IP/N/1/LCA/P/1 
Page 22  
 
(4) Subject to section 42 (3), a licence may be granted under any patent or any such 
application for working the invention which is the subject of the patent or the application, and — 
(a) to the extent that the licence so provides, a sub-licence may be granted under any such licence and 
any such licence or sublicence may be assigned or mortgaged; and 
(b) any such licence or sub-licence shall vest by operation of law in the same way as any other 
personal property and may be vested by an assent of personal representatives. 
(5) Subsections (2) to (4) shall have effect  subject to the provisions of this Act. 
(6) Any of the following transactions — 
(a) an assignment or mortgage or a patent or any such application, or any right in a patent or any such 
application; 
(b) an assent relating to any patent or any such applic ation or right; shall be void unless it is in writing 
and is signed by or on behalf of the parties to the transactions, or, in the case of an assent or other 
transaction by a personal representative, by or on be half of the personal representative, or in the 
case of a body corporate is so signed or is under the seal of that body. 
(7) An assignment of a patent or any such appli cation or a share in it, and an exclusive licence 
granted under any patent or any su ch application, may confer on the assignee or licensee the right of 
the assignor or licensor to bring proceedings by virtue of section 63 or 72 for a previous infringement or to bring the proceedings under section 60 for a previous act. 
 
Register of patents 
38.—  (1) There shall be kept at the Registry a Re gister of Patents which shall comply with the 
Regulations and shall be kept in accordance with such Regulations. 
(2) Without prejudice to any other provisions of this Act, the Regulations may make provision 
with respect to the following matters, including provision imposing requirements as to any of those matters— (a) the registration of patents and of published applications for patents; 
(b) the registration of transactions, instruments or events affecting rights in or under patents and 
applications; 
(c) the furnishing to the Registrar of any prescribed documents or description of documents in 
connection with any matter which is required to be registered; 
(d) the correction of errors in the register and in any documents filed with the Registrar in connection 
with registration; and 
(e) the publication and advertisement of anything done  under this Act or the Regulations in relation to 
the Register. 
(3) Notwithstanding anything in subsection (2) ( b), no notice of any trust, whether express, 
implied or constructive, shall be en tered in the Register and the Registrar shall not be affected by any 
such notice. 
(4) The Register need not be kept in documentary form. 
(5) Subject to the Regulations, the public shall have a right to inspect the Register at the 
Registry at all convenient times. 
(6) Any person who applies for a certified copy of an entry in the Register or a certified 
extract from the Register shall be entitled to obta in such a copy or extract on payment of a fee 
prescribed in relation to certified copies and extr acts, and the Regulations  may provide that any 
person who applies for an uncertified copy or extract  shall be entitled to such a copy or extract on 
payment of a fee prescribed in relation to uncertified copies and extracts. 
(7) Applications under subsection (6), or the Re gulations made by virtue of that subsection 
shall be made in such manner as may be prescribed. 
(8) In relation to any portion of the Register kept otherwise than in documentary form — 
(a) the right of inspection conferred by subsection (5) is a right to inspect the material on the Register; 
and 
(b) the right to a copy or extract conferred by subsection (6) or the Regulations is a right to a copy or 
extract in a form in which it can be taken aw ay and in which it is visible and legible. 
  IP/N/1/LCA/P/1 
 Page 23 
 
 
Effect of registration, etc. on rights in patents 
39.—  (1) Any person who claims to have acquired the property in a patent or application for a 
patent by virtue of any transaction, instrument or  event to which this section applies shall be entitled 
as against any other person who claims to have acquired that property by virtue of an earlier 
transaction, instrument or event to which this secti on applies if, at the time of the later transaction, 
instrument or event — 
(a) the earlier transaction, instrument or event was not registered; 
(b) in the case of any application which has not b een published, notice of the earlier transaction, 
instrument or event had not been given to the Registrar; and 
(c) in any case, the person claiming under the later tr ansaction, instrument or event did not know of 
the earlier transaction, instrument or event. 
(2) Subsection (1) shall apply equally to the case where any pe rson claims to have acquired 
any right in or under a patent or application for a patent, by virtue of a transaction, instrument or event to which this section applies, and that right is inco mpatible with any such right acquired by virtue of 
an earlier transaction, instrument or event to which this section applies. 
(3) This section shall apply to the followi ng transactions, instruments and events — 
(a) the assignment of a patent or application for a patent, or a right in a patent; 
(b) the mortgage of a patent or application for a patent; 
(c) the grant or assignment of a licence or sub-licence, or mortgage of a licence or sub-licence, under 
a patent or application for a patent; 
(d) the death of the proprietor or one of the proprietors of any such patent or application for a patent 
or any person having a right in or under a patent or  application for a patent and the vesting by an 
assent of personal representatives of a patent, appli cation for or right in or under a patent; and 
(e) any order or directions of a court or other competent authority — 
(i) transferring a patent or applications or any right in or under it to any person; or 
(ii) that an application should pr oceed in the name of any person; 
and in either case the event by virtue of which th e court or authority had power to make any such 
order or give any such directions. 
(4) Where an application for the registration of a transaction, instrument or event has been 
made, but the transaction, instrument or event h as not been registered, then, for the purposes of 
subsection (1) ( a), registration of the application shall be treated as registration of the transaction, 
instrument or event.  Rectification of register 
40.—  (1) The court may, on the application of an y person aggrieved, order the Register to be 
rectified by the making, or the varia tion or deletion, of any entry in it. 
(2) In proceedings under these section, the c ourt may determine any question which may be 
necessary or expedient to decide in connecti on with the rectification of the Register. 
 
Evidence of register, documents, etc. 
41.—  (1) The Register shall be prima facie evidence of anything required or authorised by this Act 
or the Regulations to be registered. 
(2) A certificate purporting to be signed by th e Registrar and certifying that any entry which 
he or she is authorised by this Act to make has or  has been made, or that any other thing which he or 
she is so authorised to do has or has not been done, shall be prima facie evidence of the matter so certified. 
(3) Each of the following — 
(a) a copy of an entry in the Register or an extr act from the Register which is supplied under section 
38 (6); 
(
b) a copy of any document kept in the Registry  or an extract from any such document; or 
(c) any specification of a patent or any applicati on for a patent which has been published; which 
purports to be a certified copy or a certified extr act shall be admitted in evidence without further 
proof and without production of the original. IP/N/1/LCA/P/1 
Page 24  
 
(4) In this section, “certified copy” and “certif ied extract” mean a copy and an extract 
certified by the Registrar and stamped by the Registrar.  
Co-ownership of patents and applications for patents 
42.—  (1) Where a patent is granted to two or mo re persons, each of them shall, subject to any 
agreement to the contrary, be entitled to an equal undivided share in the patent. 
(2) Where two or more persons are proprietors of a patent, then, subject to this section and 
subject to any agreement to the contrary — (a) each of them shall be entitled, by himself or hers elf or his or her agents, to do in respect of the 
invention, for his or her own bene fit and without the consent of or the need to account to the other 
or others, any act which would, apart from this subsection and section 57, amount to an 
infringement of the patent; and 
(b) any such act shall not amount to an infringement of the patent. 
(3) Subject to sections 16 and 43, and to any ag reement for the time being in force, where two 
or more persons are proprietors of a patent, one of them shall not without the consent of the other or 
others grant a licence under the patent or assign or mortgage a share in the patent. 
(4) Subject to sections 16 and 43, where two or  more persons are proprietors of a patent, 
anyone else may supply one of those persons with th e means relating to an essential element of the 
invention for putting the invention into effect a nd the supply of those means by virtue of this 
subsection shall not amount to an infringement of the patent.  
(5) Where a patented product is disposed of by any of two or more propr ietors to any person, 
that person and any other person cl aiming through him or her shall be  entitled to deal with the product 
in the same way as if it had been disposed  of by a sole registered proprietor. 
(6) Nothing in subsection (1) and (2) shall affect the mutual rights or obligations of trustees or 
of the personal representatives of a deceased pe rson, or their rights or obligations as such. 
(7) This section shall have effect in relation to an application for a patent which is filed as it 
has effect in relation to a patent and — 
(a) references to a patent and a patent being gran ted shall accordingly include references respectively 
to any such application and to the application being filed; and 
(b) the reference in subsection (5) to a patent ed product shall be construed accordingly. 
 
Determination of right to patent after grant 
43.—  (1) After a patent has been granted for an invention, any person having or claiming a 
proprietary interest in or under the patent  may refer to the Registrar the question — 
(a) who is or are the true proprieto r or proprietors of the patent; 
(b) whether the patent should have been granted to the person or persons to whom it was granted; or 
(c) whether any right in or under the patent should be  transferred or granted to any other person or 
persons; and the Registrar shall determine the question and make such order as he or she thinks fit to 
give effect to the determination. (2) Without prejudice to the generality of subsection (1), an order under that subsection may contain 
provisions — (a) directing that the person by whom the referenc e is made under that subsection shall be included 
whether or not to the exclusion of any other pers on among the persons registered as proprietors of the 
patent; 
(b) directing the registration of a transaction, instrument or event by virtue of which that person has 
acquired any right in or under the patent; (c) granting any licence or other right in or under the patent; and 
(d) directing the proprietor of the patent or any pers on having any right in or under the patent to do 
anything specified in the order as necessary to  carry out the other provisions of the order. 
(3) If any person to whom directions have been given under subsection (2) ( d) fails to do anything 
necessary for carrying out any such directions with in fourteen days after the date of the order 
containing the directions, the Registrar may, on an application made to him or her by any person in 
whose favour or on whose reference the order contai ning the directions was made, authorise him or 
her to do that thing on behalf of the pers on to whom the directions were given.  IP/N/1/LCA/P/1 
 Page 25 
 
 
(4) Where the Registrar finds on a reference under this section that the patent was granted to a 
person not entitled to be granted that patent, wh ether alone or with other persons, and on an 
application made under section 76 makes an order on that ground for the conditional or unconditional 
revocation of the patent, the Registrar may order th at the person by whom the application was made 
or his or her successor in title may, subject to section 80, make a new application for patent — 
(a) in the case of unconditional revocation, for the w hole of the matter comprised in the specification 
of that patent; and 
(b) in the case of conditional revocation, for the matte r which in the opinion of the Registrar should be 
excluded from that specification by amendmen t under section 79; and where such a new 
application is made, it shall be treated as having b een filed on the date of filing the application for 
the patent to which the reference relates. 
(5) On any reference under subsection (1), no order shall be made under this section 
transferring the patent to which the reference relate s on the ground that the patent was granted to a 
person not so entitled, and no order shall be made under subsection (4) on that ground if the reference 
was made after the end of the period of two years be ginning with the date after the end of the period 
that any person registered as a proprietor of the pa tent knew at the time of the grant or, as the case 
may be, of the transfer of the patent to him or her th at he or she was not entitled to the patent. 
(6) An order under this section shall not be so  made as to affect the mutual rights or 
obligations of trustees or of th e personal representatives of a deceased person, or their rights or 
obligations as such. 
(7) Where a question is referred to the Registrar under this section, an order shall not be made 
by virtue of subsection (2) or under subsection (4 ) on the reference unless notice of the reference is 
given to all persons registered as proprietor of the patent or as having a right in or under the patent, 
except those who are parties to the reference. 
(8) If it appears to the Registrar on a reference under this section that the question referred to 
him or her would more properly be determined by the court, he or she may decline to deal with it and, 
without prejudice to the court’s jurisdiction to de termine any such question and make a declaration, 
the court shall have jurisdiction to do so. 
(9) The court shall not in the exercise of any such declaratory jurisdiction determine a 
question whether a patent was granted to a pers on not entitled to be granted the patent if the 
proceedings in which the jurisdiction is invoked we re commenced after the end of the period of two 
years beginning with the date of the grant of the patent, unless it is shown that any person registered 
as a proprietor of the patent knew at the time of th e grant or, as the case may be, of the transfer of the 
patent to him or her that he or she was not entitled to the patent. 
 
Effect of transfer of patent under section 43 
44.—  (1) Where an order is made under section 43 that  a patent shall be transferred from any person 
or persons, the old proprietor or proprietors, to on e or more persons, whether or not including an old 
proprietor, then, except in a case falling within sub section (2), any licences or other rights granted or 
created by the old proprietor or proprietors shall,  subject to section 39 and to the provisions of the 
order, continue in force and be treated as granted by the person or persons to whom the patent is 
ordered to be transferred, the new proprietor or proprietors. 
(2) Where an order is so made that a patent shall be transferred from the old proprietor or 
proprietors to one or more persons  none of whom was an old proprietor, on the ground that the patent 
was granted to a person not entitled to be granted the patent, any licences or other rights in or under 
the patent shall, subject to the provisions of the or der and subsection (3), lapse on the registration of 
that person or those persons as the new pr oprietor or proprietors of the patent. 
(3) Where an order is so made that a patent sh all be transferred as mentioned in subsection (2) 
or that a person other than an old proprietor may ma ke a new application for a patent and before the 
reference of the question under that section resulting in  the making of any such order is registered, the 
old proprietor or proprietors or a licensee of the patent, acting in good faith — 
(a) worked the invention in question in Saint Lucia; 
(b) or made effective and serious preparations to work the invention in question in Saint Lucia; IP/N/1/LCA/P/1 
Page 26  
 
the old proprietor or proprietors or the licensee sh all, on making a request to the new proprietor or 
proprietors within the prescribed period, be entitle d to be granted a licence, but not an exclusive 
licence, to continue working or, as the case may be, to  work the invention, so far as it is the subject 
of the new application. 
(4) A licence pursuant to subsection (3) shall be granted for a reasonable period and on 
reasonable terms. 
(5) The new proprietor or proprietors of the pate nt or any person claiming that he or she is 
entitled to be granted a licence pursuant to subsectio ns (3) and (4) may refer to the Registrar the 
question whether that person is so entitled and whethe r any such period is or terms are reasonable, and 
the Registrar shall determine the question and may, if he or she considers it appropriate, order the 
grant of such a licence. 
 
PART IX 
EMPLOYEES INVENTIONS 
 
Right to employees inventions 45.—  (1) Notwithstanding anything in any rule of law, an invention made by an employee shall be 
taken to belong to his or her employer for the purposes of this Act and all other purposes if -— 
(a) the invention was made in the course of the normal duties of the employee or in the course of 
duties falling outside his or her normal duties, but especially assigned to him or her, and the 
circumstances in either case were such that an invention might reasonably be expected to result 
from the carrying out of his or her duties; or 
(b) the invention was made in the course of the duti es of the employee and, at the time of making the 
invention, because of the nature of his or her duties and the particular responsibilities arising from 
the nature of his or her duties he had a special ob ligation to further the interests of the employer’s 
undertaking. 
(2) Any other invention, other than those mentioned in subsection (1), made by an employee 
shall be taken for those purposes of th is Act to belong to the employee. 
(3) Where by virtue of this section an invention belongs to an employee, nothing done — 
(a)  by or on behalf of the employee or any person claiming under him or her for the purposes of 
pursuing an application for a patent; or 
(c)  by any person for the purpose of performing or working the invention; shall be taken to infringe 
any copyright or design right to which his or he r employer is entitled in any model or document 
relating to the invention. 
(4) In subsection (3), the reference to an app lication for a patent includes an application for 
other protection for an invention, and includes an application for a patent or any other protection under the law of a country other than Saint Lucia or under any treaty to which Saint Lucia is a party.  Supplementary provisions 
46.—  (1) This Part shall not apply to an inventi on made before the commencement of this Act. 
(2) This Part shall not apply to  an invention made by an employee unless at the time he or she 
made the invention one of the fo llowing conditions was satisfied — 
(a) the employee was mainly employed in Saint Lucia; or 
(b) the employee was not mainly employed anywhere or his place of employment could not be 
determined, but his employer had a place of bus iness in Saint Lucia to which the employee was 
attached, whether or not the employee was also attached elsewhere. 
(3) In this Part, except so far as the context ot herwise requires, references to the making of an 
invention by an employee are references to the employee making it alone or jointly with any other 
person, but do not include references to the employ ee merely contributing advice or other assistance 
in the making of an invention by another employee. 
(4) A reference in section 45 to a patent and to a patent being granted are respectively 
references to a patent or other protection and to its  being granted whether under the law of Saint Lucia 
or the law in force in any other country or under any treaty or international convention.  IP/N/1/LCA/P/1 
 Page 27 
 
 
(5) Nothing in this Part shall be construed as precluding the operation of an agreement or a 
contract in relation to the right to an invention.  
PART X 
CONTRACTS AS TO PATENTED PRODUCTS 
 Avoidance of certain restrictive conditions 
47.—  (1) Subject to this section, any condition or term of a contract for the supply of a patented 
product or of a licence to work a patented invention,  or of a contract relating to any such supply or 
licence, shall be void in so far as it purports — 
(a) in the case of a contract for supply, to require the person supplied to acquire from the supplier, or 
his or her nominee, or prohibit him or her from acquiring from any specified person, or from acquiring except from the supplier or his or her nom inee, anything other than the patented product; 
(b) in the case of a licence to work a patented inve ntion, to require the licensee to acquire from the 
licensor or his or her nominee, or prohibit him or her from acquiring from any specified person, 
or from acquiring except from the licensor or his or her nominee, anything other than the product 
which is the patented invention or, if it is a pr ocess, other than any product obtained directly by 
means of the process or to which the process has been applied; 
(c) in either case, to prohibit the person supplied or  the licensee from using articles, whether patented 
products or not, which are not supplied by, or an y patented process which does not belong to, the 
supplier or licensor, or his or her nominee, or to restrict the right of the person supplied or the 
licensee to use any such articles or process. 
(2) In proceedings against any person for infringe ment of a patent, it shall be a defence to 
prove that at the time of the infringement there was in  force a contract relating to the patent made by 
or with the consent of the plaintiff or a licence under the patent granted by the plaintiff or with his or 
her consent and containing in either case a cond ition or term void by virtue of this section. 
(3) A condition or term of a contract or licence sh all not be void by virtue of this section if — 
(a) at the time of the making of the contract or granting of the licence, the supplier or licensor was 
willing to supply the product, or grant a licence to  work the invention, as the case may be, to the 
person supplied or the licensee, on reasonable terms specified in the contract or licence and without any such condition or term as is mentioned in subsection (1); and 
(b) the person supplied or the licensee is entitled under the contract or licence to relieve himself or 
herself of his or her liability to observe the condition or term on giving to the other party 
three months notice in writing, and subject to payment to that other party of such compensation, being, in the case of a contract to supply, a lu mp sum or rent for the residue of the term 
of the contract and, in the case of a licence, a roya lty for the residue of the term of the licence, as 
may be determined by an arbitrator appointed by the Minister. 
(4) If in any proceedings it is alleged that any c ondition or term of a contract or licence is void 
by virtue of this section, it shall lie on the supp lier or licensor to prove the matters set out in 
subsection (3) ( a). 
(5) A condition or term of a contract or licence sha ll not be void by virtue of this section by reason 
only that it prohibits any person from selling goods ot her than those supplied by a specific person or, 
in the case of a contract for the hiring of or licence to use a patented product, that it reserves to the 
bailor or licensor, or his or her nominee, the right to supply such new parts of the patented product as 
may be required to put or keep it in repair. 
 
Determination of parts of certain contracts 
48.—  (1) Any contract for the supply of a patented product or licence to work a patented invention, 
or contract relating to any such supply or licence, may at any time after the patent or all the patents by 
which the product or invention was protected at the time of the making of the contract or granting of the licence has or have ceased to be in force, a nd notwithstanding anything to the contrary in the 
contract or licence or in any other contract, be dete rmined, to the extent, and only to the extent, that 
the contract or licence relates to the product or invention, by either party on giving three months 
notice in writing to the other party. IP/N/1/LCA/P/1 
Page 28  
 
(2) In subsection (1), “patented product” a nd “patented invention” include respectively a 
product and an invention which is the subject of an application for a patent, and that subsection shall 
apply in relation to a patent by which any such product or invention was protected and which was 
granted after the time of the making of the contract or granting of the licence, on an application which 
had been filed before that time, as it app lies to a patent in force at that time. 
(3) If, on an application under this section made by either party to a contract or licence falling 
within subsection (1), the court is satisfied that, in  consequence of the patent or patents ceasing to be 
in force, it would be unjust to require the applican t to continue to comply with all the terms and 
conditions of the contract or licence, the court may make such order varying those terms or conditions 
as, having regard to all the circumstances of the case, it thinks just as between the parties. 
(4) Without prejudice to any other right of rec overy, nothing in subsection (1) shall be taken 
to entitle any person to recover propert y let under a hire-purchase agreement. 
(5) This section shall apply to contracts a nd licences whether made before or after the 
commencement of this Act. 
(6) This section shall be without prejudice to an y rule of law relating to the frustration of 
contracts and any rights of determining a contract  or licence exercisable apart from this section. 
 
PART XI 
LICENCES OF RIGHT AND COMPULSORY LICENCES 
 
Licences of right 
49.—  (1) At any time 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  licences under the patent are to be available as of 
right. 
(2) Where an application under subsection (1) is  made, the Registrar shall give notice of the 
application to any person registered as having a right in  or under the patent and, if satisfied that the 
proprietor of the patent is not precluded by cont ract from granting licences under the patent, shall 
make the entry. 
(3) Where an entry under subsection (2) is made in respect of a patent — 
(a) any person shall, at any time after the entry is  made, be entitled as of right to a licence under the 
patent on such terms as may be settled by agreement or, in default of agreement, by the Registrar 
on the application of the proprietor of the patent or the person requiring the licence; 
(b) the Registrar may, on the application of the holde r of any licence granted under the patent before 
the entry was made, order the licence to be exch anged for a licence of right on terms so settled; 
(c) if, in proceedings for infringement of the pate nt, the defendant undertakes to take a licence on 
terms pursuant to subsection (3)( b), no injunction shall be granted against him or her and the 
amount (if any) recoverable against him or her by way of damages shall not exceed twice the 
amount which would have been payable by him or her as licensee if such a licence on those terms 
had been granted before the earliest infringement; 
(d) the renewal fee payable in respect of the patent after the date of the entry shall be half the fee 
which would be payable if the entry had not been made. 
(4) An undertaking under subsection (3) ( c) may be given at any time before final order in the 
proceedings, without any admission of liability. 
(5) The licensee under a licence of right may, unless, in the case of a licence the terms of 
which are settled by agreement, or the licence othe rwise expressly provides, request the proprietor of 
the patent to take proceedings to prevent any infri ngement of the patent, and if the proprietor refuses 
or neglects to do so within two months after bei ng so requested, the licensee may institute proceedings 
for the infringement in his or her own name as if he or she were the proprietor, making the proprietor 
a defendant. 
(6) A proprietor so added as defendant shall not  be liable for any costs or expenses unless he 
or she enters an appearance and takes part in the proceedings. 
  IP/N/1/LCA/P/1 
 Page 29 
 
 
Cancellation of entry made under section 49 
50.—  (1) At any time after an entry has been made pursuant to section 49 in respect of a patent, the 
proprietor of the patent may apply to the Registrar for cancellation of the entry. 
(2) Where an application under subsection (1) is  made and the balance paid of all renewal 
fees which would have been payable if the entry had not been made, the Registrar may cancel the 
entry if satisfied that there is no existing licence under the patent or that all licensees under the patent 
consent to the application. 
(3) Within the prescribed period after an entry had been made under section 49 in respect of 
the patent any person who claims that the property of  the patent is, and was at the time of the entry, 
precluded by a contract in which the claimant is interested from granting licences under the patent 
may apply to the Registrar for cancellation of the entry. 
(4) Where the Registrar is satisfied, on an app lication under subsection (3), that the proprietor 
of the patent is and was so precluded, he or she sha ll cancel the entry, and the proprietor shall then be 
liable to pay, within a period specified by the Regist rar, a sum equal to the balance of all renewal fees 
which would have been payable if the entry had not  been made, and the patent shall cease to have 
effect at the expiration of that period if that sum is not so paid. 
(5) Where an entry is cancelled under this section,  the rights and liabilities of the proprietor of 
the patent shall after the cancellation be the same  as if the entry had not been made. (6) Where an 
application has been made under this section — (a) in the case of an application unde r subsection (1), any person; and 
(b) in the case of an application under subsection (3),  the proprietor of the patent; may, within the 
prescribed period, give notice to the Registrar of  opposition to the cancellation, and the Registrar 
shall, in considering the application, determine whether the opposition is justified. 
 
Compulsory licences 
51.—  (1) At any time after the expiration of three years, or of such other period as may be 
prescribed, from the date of the grant of a pa tent, any person may apply to the Registrar — 
(a) for a licence under the patent; 
(b) for an entry to be made in the register to the e ffect that licences under the patent are to be available 
as of right; or 
(c) where the applicant is a Government department , for the grant to any person specified in the 
application of a licence under the patent; if it appear s at the time such application is filed, one or 
more of the grounds specified in subsection (2) are met. 
(2) The grounds referred to in subsection (1) are — 
(a) that there is no production of th e patented product or application of the patented process in Saint 
Lucia without any legitimate reason; 
(b) that there is no product produced in Saint Lucia under the patent for sale in Saint Lucia or there 
are some but they are sold at unreasonably high prices or do not meet the public demand without 
any legitimate reason; 
(c) that by reason of the refusal of the proprieto r of the patent to grant a licence or licences on 
reasonable terms — (i)  a market for the export of any patented pr oduct made in Saint Lucia is not being supplied; 
(ii) the working or efficient working in Saint Lucia of any other patented invention which makes a   
substantial contribution to the ar t is prevented or hindered; or 
(iii) the establishment or development of commerc ial or industrial activities in Saint Lucia is 
unfairly prejudiced; and 
(d) that by reason of conditions imposed by the proprietor of the patent on the grant of licences under 
the patent, or on the disposal or use of the pate nted product or on the use of the patented process, 
the manufacture, use or disposal of materials not protected by the patent, or the establishment or 
development of commercial or industrial activities in Saint Lucia, is unfairly prejudiced. 
(3) Subject to subsections (4) to (6), if the Re gistrar is satisfied that any of those grounds 
under subsection (2) are established, the Registrar may — IP/N/1/LCA/P/1 
Page 30  
 
(a) where the application is made pursuant to subsect ion (1) (a), order the grant of a licence to the 
applicant on such terms, including the transfer  of know-how associated with the patented 
invention, as the Registrar thinks fit; 
(b) where the application is made pursuant to subsection (1) ( b), make such an entry as is there 
mentioned; or 
(c) where the application is made pursuant to subsection (1) ( c), order the grant of a licence to the 
person specified in the application on such term s, including the transfer of know-how associated 
with the patented invention, as the Registrar thinks fit. (4) Where — 
(a) an application is made on the ground that th ere is no production of the patented product or 
application of the patented process in Saint Lucia; or 
(b) there is insufficient or no product produced under the patent for sale in Saint Lucia; 
and it appears to the Registrar that the time which has elapsed since the publication in the Gazette 
of a notice of the grant of the patent has for any reason been insufficient to enable the invention to 
be so worked, the Registrar may by order adjour n the application for such period as will in the 
Registrar’s opinion give sufficient item for the invention to be so worked. 
(5) No entry shall be made in the register  under this section on the ground mentioned in 
subsection (2) ( c) (i), and any licence granted under this sec tion on that ground shall contain such 
provisions as appear to the Registrar to be expedi ent for restricting the countries in which any product 
concerned may be disposed of or used by the licensee. 
(6) No order or entry shall be made under this  section in respect of a patent on the ground 
mentioned in subsection (2) ( c) (ii) unless the Registrar is satisfied that the proprietor of the patent for 
the other invention is able and willing to gr ant to the proprietor of the patent and his or her licensees a licence 
under the patent for the other invention on reasonable terms. 
(7) An application may be made under this secti on in respect of a patent notwithstanding that 
the applicant is already the holder of a licence under the patent, and no pe rson shall be stopped or 
barred from alleging any of the matters specified in  subsection (2) by reason of any admission made 
by him or her, whether in such a licence or otherw ise, or by reason of his or her having accepted such 
a licence. 
 
Inventions relating to food or medicine or surgical or curative device 
52.—  (1) At any time after the date of the grant of a patent in respect of — 
(a) a substance capable of being used as food or me dicine or in the production of food or medicine; 
(b) a process for producing any subs tance mentioned in paragraph ( a); or 
(c) any invention capable of being used as or  as part of a surgical or curative device; 
the Registrar may, on application made to him or he r by any person, order the grant to the applicant of 
a licence under the patent on such terms as the Regist rar thinks fit, unless it appears to the Registrar 
that there are good reasons for refusing the application. 
(2) A licence granted under this section shall entitle  the licensee to make, use or dispose of 
the invention as a food or medicine, or for the purpose of the production of food or medicine or as part of a surgical or curative device. (3) An application under this section may be made notwithstanding that the applicant is already the 
holder of a licence under the patent. 
(4) A licence granted under this section and section 51  may permit the licensee to import the patented 
product. 
 
Provisions as to licences under section 51 or 52 
53.—  (1) Where the Registrar is satisfied, on an a pplication made under section 51 or 52 in respect 
of a patent, that the manufacture, use or disposal of  materials not protected by the patent is unfairly 
prejudiced by reason of conditions imposed by the proprietor of the patent on the grant of licences 
under the patent, or on the disposal or use of the pa tented product or the use of the patented process, 
the Registrar may, subject to those sections, orde r the grant of licences under the patent to such 
customers of the applicant as the Registrar thinks fit as well as to the applicant.  IP/N/1/LCA/P/1 
 Page 31 
 
 
(2) Where an application under section 51 or 52 is  made in respect of a patent by a person 
who holds a licence under the patent, the Registrar may — (a) if he or she orders the grant of a licence to the applicant, order the existing licence to be cancelled; 
or 
(b) instead of ordering the grant of a licence to the ap plicant, order the existing licence to be amended. 
(3) Section 49 (5) and (6) apply to a licence granted pursuant to an order under section 51 or 
52 and to a licence granted by virtue of an entry under section 51 as it applies to a licence granted by 
virtue of an entry under section 49.  
Exercise of powers on application under section 51 
54.—  (1) The powers of the Registrar on an applica tion under section 51 in respect of a patent shall 
be exercised with a view to securing the following general purposes — (a) that inventions which can be worked on a commerc ial scale in Saint Lucia and which should in the 
public interest be so worked shall be worked w ithout undue delay such that they are available in 
Saint Lucia to an adequate extent  and supplied on reasonable terms; 
(b) that the interests of any person for the time be ing working or developing an invention in Saint 
Lucia under the protection of a patent shall not be unfairly prejudiced; 
(c) that the royalty and other remuneration, if any, reserved to the i nventor or other person 
beneficially entitled to a patent is reasonable ha ving regard to the nature of the invention. 
(2) Subject to subsection (1), the Registrar shall,  in determining whether to make an order or 
entry pursuant to such an application, take account of the following matters — 
(a) the nature of the invention, the time which has elapsed since the publication in the journal of a 
notice of the grant of the patent and the measures already taken by the proprietor of the patent or 
any licensee to make full use of the invention; 
(b) the ability of any person to whom a licence w ould be granted under the order to work the 
invention to the public advantage; and 
(c) the risks to be undertaken by that person in  providing capital and working the invention if the 
application for an order is granted; 
but shall not be required to take account of matters  subsequent to the making of the application. 
 
Opposition appeal and arbitration 
55.—  (1) The proprietor of a patent or any other person wishing to oppose an application under 
sections 51 to 54 may, in accordance with the Regulations, give to the Registrar notice of opposition, 
and the Registrar shall consider the opposition in  deciding whether to grant the application. 
(2) Where an appeal is brought from an order made by the Registrar pursuant to an 
application under sections 51 to 54 or from his or her decision to make an entry in the register 
pursuant to such an application or from his or he r refusal to make such an order or entry, the 
Attorney-General or such other counsel as he or sh e may appoint, shall be entitled to appear and be 
heard. 
(3) Where an application under sections 51 to 54 is opposed under subsection (1), and either  
(a) the parties consent; or 
(b) the proceedings require a prolonged examina tion of documents or any scientific or local 
investigation which cannot in the opinion of the Re gistrar conveniently be ma de before him or her; 
the Registrar may at any time order the whole pro ceedings, or any question or issue of fact arising 
pursuant to the proceedings, to be referred to an arb itrator agreed on by the parties or, in default of 
agreement, appointed by the Registrar. 
(4) The arbitrator to whom any reference is made under subsection (3) shall report his or her 
findings to the Registrar. 
(5) The expenses of and incidental to a reference to an arbitrator under subsection (3) shall, in 
default of agreement between the parties, be bor ne equally by the parties to the reference. 
 IP/N/1/LCA/P/1 
Page 32  
 
Supplementary provisions 
56.—  (1) The Registrar may make an entry in the register under sections 51 to 54 notwithstanding 
any contract which would have precluded the entry on the application of the proprietor of the patent 
under section 49. 
(2) An entry made in the register under sections  51 to 54 shall for all purposes have the same 
effect as an entry made under section 49. 
(3) Where a licence has been granted under section 49, 51 or 52 and the proprietor of the 
patent and the licensee are unable to agree within  a reasonable time on the amount of royalty or 
compensation to be reserved to the proprietor of th e patent, the Registrar shall determine the royalty 
or compensation payable. 
(4) No order or entry shall be made pursuant to  an application under sections 51 to 54 which 
would be at variance with any treaty or internati onal convention relating to patents to which Saint 
Lucia is a party.  
PART XII 
USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNMENT 
 
Use of patented inventions for services of Government 
57. —  (1) Notwithstanding anything in this Act,  any Government department and any person 
authorised in writing by a Government department  may, for the services of the Government and in 
accordance with this section, do an y of the following acts in Saint Lucia in relation to a patented 
invention without the consent of the proprietor of the patent — 
(a) where the invention is a product, may — 
(i) make, use, import, obtain or keep the product, or  sell or offer to sell it where to do so would be 
incidental or ancillary to making, using,  importing, obtaining or keeping it; or 
(ii) in any event, sell or offer to sell it for fo reign defence purposes or fo r the production or supply 
of any drug and medicine, or dispose or offer to dispose of it for any purpose whatever; 
(d) where the invention is a process, may use it or, in relation to any product obtained directly by 
means of the process, do anything mentioned in paragraph ( a); 
(c) without prejudice to paragraphs ( a) and ( b), where the invention or any product obtained directly 
by means of the invention is a drug or medicine, may sell or offer to sell the drug or medicine; 
(d) may supply or offer to supply to any person any of the means, relating to an essential element of 
the invention, for putting th e invention into effect; 
(e) may dispose or offer to dispose of anything wh ich was made, used, imported, obtained or kept in 
the exercise of the powers conferred by this section and which is no longer required for 
the purpose for which it was made, used, imported, obtained or kept, as the case may be; and 
anything done by virtue of this subsection sha ll not amount to an infringement of the patent. 
(2) Any act done in relation to an invention by vi rtue of this section is in this section referred 
to as use of the invention; and “use”, in relation to an invention, in sections 58 to 60 shall be 
construed accordingly. 
(3) So far as the invention has before its priority  date been duly recorded by or tried by or on 
behalf of a Government department otherwise than  in consequence of a relevant communication made 
in 
confidence, any use of the invention by virtue of th is section may be made free of any royalty or other 
payment to the proprietor. 
(4) So far as the invention has not been so record ed or tried, any use of it made by virtue of 
this section at any time either — 
(a) after the publication of the application for the patent for the invention; or 
(b) without prejudice to paragraph ( a), in consequence of a relevant communication made after the 
priority date of the invention otherwise than in confidence; shall be made on such terms as may be 
agreed either before or after the use by the Govern ment department and the proprietor of the patent 
or as may in default of agreement be referred to an arbitrator agreed on by the parties or, in default 
of agreement, appointed by the Registrar.  IP/N/1/LCA/P/1 
 Page 33 
 
 
(5) The arbitrator to whom any reference is made under subsection (4) shall report his or her 
findings to the Registrar. 
(6) The expenses of and incidental to an arbitr ator under subsection (4) shall, in default of 
agreement between the parties, be borne e qually by the parties to the reference. 
(7) Where an invention is used by virtue of this section at any time after publication of an 
application for a patent for the invention but before such a patent is granted, and the terms for its use 
agreed or determined as mentioned in subsection (4 ) include terms as to payment for the use, then, 
notwithstanding anything in those terms, any such payment shall be recoverable only — 
(a) after such a patent is granted; and 
(b) if, apart from this section, the use would, if the patent had been granted on the date of the 
publication of the application, have infringed not onl y the patent but also the claims, as interpreted 
by the description or claims, in the form in which they were contained in the application 
immediately before the preparations for its publication were completed by the Registry. 
(8) The authority of a Government department in  respect of an invention may be given under 
this section either before or after the patent is gran ted and either before or after the use in respect of 
which the authority is given is made, and may be given to any person whether or not he or she is 
authorised, directly or indirectly, by the proprieto r of the patent to do anything in relation to the 
invention. 
(9) Where any use of an invention is made by or with the authority of a Government 
department under this section, then, unless it appears to  the department that it would be contrary to the 
public interest to do so, the department shall notif y the proprietor of the patent as soon as practicable 
after the second of the following events, that is to sa y, the use is begun and the patent is granted, and 
furnish him or her with such information as to the ex tent of the use as he or she may from time to time 
require. 
(10) A person acquiring anything disposed of in the exercise of the powers conferred by this 
section, and any person claiming through him or her,  may deal with it in the same manner as if the 
patent were held on beha lf of the Government. 
(11) In determining under this section any disp ute between a Government department and any 
person as to the terms for the use of an invention for the services of the Government, the arbitrator 
shall have regard — (a) to any benefit or compensation which that person or any person from whom he or she derives title 
may have received or may be entitled to receive, directly or indirectly, from any Government 
department in respect of the invention; and 
(b) to whether that person or any person from whom he or she derives title has in the arbitrator’s 
opinion without reasonable cause failed to comply with a request of the department to use the invention for the services of the Government on reasonable terms. 
(12) On a reference under this section, the ar bitrator may refuse to grant relief by way of 
compensation in respect of the use of an inven tion for the services of the Government during any 
further period specified under section 32(3), but be fore the payment of the renewal fee and any 
additional fee prescribed for the purposes of that section. 
(13) Where an amendment of the specification of  a patent has been allowed under any of the 
provisions of this Act, the arbitrator shall not grant relief by way of compensation under this section 
in respect of any such use before the decision to allow the amendment unless the Registrar is satisfied 
that the specification of the patent as published w as framed in good faith and with reasonable skill and 
knowledge. 
(14) In considering the amount of any compensation for the use of an invention for the 
services of the Government after publication of an application for a patent for the invention and 
before such a patent is granted, the arbitrator shall consider whether or not it would have been 
reasonable to expect, from a consideration of th e application as published under section 23, that a 
patent would be granted conferring on the proprieto r of the patent protection for an act of the same 
description as that found to constitute that use, and if  the arbitrator finds that it would not have been 
reasonable, he or she shall reduce the compensa tion to such amount as he or she thinks just. 
(15) Where, by virtue of a transaction, inst rument or event to which section 39 applies, a 
person becomes the proprietor or one of the proprieto rs or an exclusive licensee of a patent, the new IP/N/1/LCA/P/1 
Page 34  
 
proprietor or licensee, and a Government departme nt or a person authorised by a Government 
department subsequently makes use of the patented invention under this section, the new proprietor or 
licensee shall not be entitled to any compensation unde r subsection (4), as it stands or as modified by 
section 59 (3), in respect of a subsequent use of th e invention before the transaction, instrument or 
event is registered unless — 
(a) the transaction, instrument or event is registered within the period of six months beginning with its 
date; or 
(b) the Registrar is satisfied that it was not practicable  to register the transaction, instrument or event 
before the end of that period and that it w as registered as soon as practicable thereafter. 
(16) In this section, “relevant communication”, in relation to an 
invention, means a communication of the invention, directly or indirectly, by the proprietor of the 
patent or any person from w hom he or she derives title. 
(17) Subsection (4) is without prejudice to any rule of law relating to the confidentiality of 
information. 
 
Interpretation, etc., of provisions about Government use 58.—  (1) Any reference in section 57 to a patented i nvention, in relation to any time, is a reference 
to an invention for which a patent has before that time been, or is subsequently, granted. 
(2) In this Part, unless the context otherwi se requires, “the services of the Government” 
includes — (a) the supply of anything for foreign defence purposes; 
(b) the production or supply of drugs and medi cines required for the provision of pharmaceutical, 
medical or dental services in any prescribed di spensary, hospital or other medical institution 
maintained by or on behalf of the Government  and in any dispensary, hospital or medical 
institution which the Minister may specify by notification in the Gazette ; and 
(c) such purposes relating to the production or use of atomic energy or research into matters 
connected therewith as the Minister thinks necess ary or expedient; and “use for the services of the 
Government” shall be construed accordingly. 
(3) In subsection (2) ( a) and section 57 (1) ( a), references to a sale or supply of anything for 
foreign defence purposes are references to a sale or supply of the thing — (a) to the government of any country outside Saint Lucia pursuant to an agreement or arrangement 
between the Government and the government of th at country, where the thing is required for the 
defence of that country, where the thing is required for the defence of that country or of any other 
country whose government is party to any agreem ent or arrangement with the Government in 
respect of defence matters; or 
(b) to the United Nations, or to the government of any country belonging to that organisation, 
pursuant to an agreement or arrangement betw een the Government and that organization or 
government of the country belonging to that or ganisation, where the thing is required for any 
armed forces operating pursuant to a resolution of that organisation or any organ of that 
organisation. 
 
Rights of third parties in respect of Government use 
59.—  (1) In relation to — 
(a) any use made for the services of the Government of  an invention by a Government department, or 
a person authorised by a Government de partment, by virtue of section 57; or 
(c) anything done for the services of the Government to  the order of a Government department by the 
proprietor of a patent in respect of a patented i nvention or by the proprietor of an application in 
respect of an invention for which an application fo r a patent has been filed and is still pending; the 
provisions of any licence, assignment or agreement to which this subsection applies shall be of no 
effect so far as those provisions restrict or regulate the working of the invention, or the use of any model, document or information relating to it, or provide for the making of payments in respect of, 
or calculated by reference to, such working or use, and the reproduction or publication of any 
model or document in connection with the said wo rking or use shall not be deemed to be an 
infringement of any copyright or design ri ght subsisting in the model or document.  IP/N/1/LCA/P/1 
 Page 35 
 
 
(2) Subsection (1) shall apply to any licence,  assignment or agreement which is made, 
whether before or after the commencement date , between, on the one hand, any person who is a 
proprietor of or an applicant for the patent, or anyone who derives title from any such person or from 
whom such person derives title, and, on the ot her hand, any person othe r than a Government 
department. 
(3) Where an exclusive licence granted otherw ise than for royalties or other benefits 
determined by reference to the working of the invent ion is in force under the patent or application, 
then — (a) in relation to anything done in respect of the invention which, but for this section and section 57, 
would constitute an infringement of the rights of th e licensee, section 57 (4) shall have effect as if 
for the reference to the proprietor of the patent  there were substituted a reference to the licensee; 
and 
(b) in relation to anything done in respect of the in vention by the licensee by virtue of an authority 
given under section 57, that section shall have effect as if section 57( 4) were omitted. 
(4) Subject to subsection (3), where a patent, or  the right to the grant of a patent, has been 
assigned to the proprietor of the pate nt or application in considerati on of royalties or other benefits 
determined by reference to the working of the invention, then — (a) in relation to any use of the invention by virtue  of section 57, subsection (4) of that section shall 
have effect as if the reference to the proprietor  of the patent included a reference to the assignor, 
and any sum payable by virtue of that subsection shall be divided between the proprietor of the patent or application and the assignor in such pr oportion as may be agreed on by them or as may in 
default of agreement be determined by the court on a reference under section 57; and 
(b) in relation to any act done in respect of the invention for the services of the Government by the 
proprietor of the patent or application to the order of a Government department, section 57 (4) 
shall have effect as if the act was use made by virtue of an authority given under that section. 
(5) Where section 57 (4) applies to any use of an invention and a person holds an exclusive 
licence under the patent or application, other than such a licence as is men tioned in subsection (3) 
authorising him or her to work the invention,  then subsections (7) and (8) shall apply. 
(6) In subsections (7) and (8), “the section 57 (4) payment” means such payment, if any, as 
the proprietor of the patent or application and th e Government department agree under section 57, or 
the arbitrator determines under that section, should be made by the department to the proprietor in 
respect of the use of the invention. 
(7) The licensee shall be entitled to recover from the proprietor of the patent or application 
such part, if any, of the section 57 (4) payment as ma y be agreed on by them or as may, in default of 
agreement, be determined by the court under secti on 57 to be just having regard to any expenditure 
incurred by the licensee — (a) in developing the invention; or 
(b) in making payments to the proprietor in consideration of the licence, other than royalties or other 
payments determined by reference to the use of the invention. 
(8) Any agreement by the proprietor of the patent or application and the Government 
department under section 57 (4) as to the amount of th e section 57 (4) payment shall be of no effect 
unless the licensee consents to the agreement; and a ny determination by the arbitrator under section 
57 (4) as to the amount of that payment shall be of  no effect unless the licen see has been informed of 
the reference to the arbitrator and is given an opportunity to be heard. 
(9) Where any model, document or information re lating to an invention is used in connection 
with — (a) any use of the invention which falls within subsection (1) ( a); or 
(b) with anything done in respect of the inve ntion which falls within subsection (1) ( b); section 57 (4) 
shall, whether or not it applies to any such use of  the invention, apply to the use of the model, 
document or information as if for the reference in  it to the proprietor of the a patent there was 
substituted a reference to the person entitled to th e benefit of any provision of an agreement which 
is rendered in operative by this sec tion in relation to that use, a nd in section 57 the references to 
terms for the use of an invention shall be construed accordingly. IP/N/1/LCA/P/1 
Page 36  
 
(10) Nothing in this section shall be construe d as authorising the disclosure to a Government 
department or any other person of any model, doc ument or information to the use of which this 
section applies in contravention of any such licence, assignment or agreement as is mentioned in this 
section. 
 
References of disputes as to Government use 60.—  (1) Any dispute as to — 
(a) the exercise by a Government department or a pe rson authorised by a Government department of 
the powers conferred by section 57; or 
(b) the right of any person to receive any part of a payment made or agreed to be made pursuant to 
subsection (4) of section 57 or determined by the arbitrator pursuant to that subsection; may be 
referred to the court by either party to the dispute after a patent has been granted for the invention. 
(2) If in proceedings pursuant to subsection (1 ) any question arises whether an invention has 
been recorded or tried as mentioned in section 57,  and the disclosure of any document recording the 
invention, or of any evidence of the trial thereof,  would in the opinion of the Government department 
be prejudicial to the public interest, the disclosure may be made confidentially to counsel for the other 
party or to an independent expert mutually agreed upon. 
(3) If the validity of a patent is put in issue in proceedings under this  section and it is found 
that the patent is only partially valid, the court ma y, subject to subsection (4), grant relief to the 
proprietor of the patent in respect of that part of th e patent which is found to be valid and to have been 
used for the services of the Government. 
(4) Where in proceedings pursuant to subsection (3 ) it is found that a patent is only partially 
valid, the court shall not grant relief by way of co sts or expenses except where the proprietor of the 
patent proves that the specification of the patent was framed in good faith and with reasonable skill 
and knowledge, and in that event the court may grant re lief in respect of that part of the patent which 
is valid and has been so used, subject to the di scretion of the court as to costs and expenses. 
(5) As a condition of any such relief, the court may direct that the specification of the patent 
shall be amended to its satisfac tion upon an application made for that purpose under section 79, and 
an application may be so made accordingly, whethe r or not all other issues in the proceedings have 
been determined. 
(6) In any proceedings under this section, the court may at any time order the whole 
proceedings or any question or issue of fact arising in them to be referred, on such terms as the court 
may direct, to an arbitrator, and references to the court in this section shall be construed accordingly. 
(7) One of the two or more joint proprietors of a patent or an application for a patent may, 
without the concurrence of the others, refer a disput e to the court under this section, but shall not do 
so unless the others are made parties to the proceed ings, but any of the othe rs if made a defendant 
shall not be liable for any costs or expenses unless he or she enters an appearance and takes part in the 
proceedings. 
 
Special provisions as to Government use during emergency 
61.—  (1) During any period of emergency within the meaning of this section, the powers 
exercisable in relation to an invention by a Gove rnment department or a person authorised by a 
Government department under section 57 shall includ e power to use the invention for any purpose 
which appears to the department necessary or expedient — 
(a) for the efficient prosecution of any war in which Saint Lucia may be engaged; 
(b) for the maintenance of supplies and servi ces essential to the life of the community; 
(c) for securing a sufficiency of supplies and servi ces essential to the well-being of the community; 
(d
) for promoting the productivity of industry, commerce and agriculture; 
(e) for fostering and directing expor ts and reducing imports, or imports  of any class, from all or any 
countries and for redressing the balance of trade; 
(f) generally for ensuring that the whole resources of  the community are available for use, and are 
used, in a manner best calculated to ser ve the interests of the community; or 
(g) for assisting the relief of suffering and the rest oration and distribution of essential supplies and 
services in any country or territory outside Sa int Lucia which is in grave distress as a  IP/N/1/LCA/P/1 
 Page 37 
 
 
result of a war; and any reference in this Act to th e services of the Government shall, in respect of any 
period of emergency, include a reference to those purposes. 
(2) In this section, “the use of an invention” includes, in addition to any act constituting such 
use by virtue of section 57, any act which would, ap art from that section and this section, amount to 
an infringement of the patent or, as the case may be , give rise to a right under section 72 to bring 
proceedings in respect of the application, and any reference in this Act to “use for the services of the 
Government” shall, as respects any period of emergency, be construed accordingly.  
(3) In this section, “period of emergency” me ans any period beginning with such date as may 
be declared by the Minister by order published in the Gazette to be the commencement, and ending 
with such date as may be so declared to be the termination, of a period of emergency for the purposes 
of this section. 
 
PART XIII 
INFRINGEMENT OF PATENTS 
 
Meaning of infringement 62.—  (1) Subject to the provisions of this Act, a person infringes a patent for an invention if, but 
only if, while the patent is in force, he or she does any of the following things in Saint Lucia in 
relation to the invention without the consent of the proprietor of the patent — (a) where the invention is a product, that person ma kes, disposes of, offers to dispose of, uses or 
imports the product or keeps it whether for disposal or otherwise; 
(b) where the invention is a process, that person u ses the process or offers it for use in Saint Lucia 
when he or she knows, or it is obvious to a reas onable person in the circumstances, that its use 
without the consent of the proprietor would be an infringement of the patent; 
(c) where the invention is a process, that person dis poses of, offers to dispose of, uses or imports any 
product obtained directly by means of that process or keeps any such product whether for disposal 
or otherwise. 
(2) An act which, apart from this subsection, w ould constitute an infringement of a patent for 
an invention shall not do so if — (a) it is done privately and for purposes which are not commercial; 
(b) it is done for experimental purposes relati ng to the subjectmatter of the invention; 
(c) it consists of the extemporaneous preparation of a medicine for an individual in accordance with a 
prescription given by a registered medical or dent al practitioner or consists of dealing with a 
medicine so prepared; 
(d) it consists of the use of a product or process in  the body or operation of a relevant aircraft, 
hovercraft or vehicle which has temporarily or acci dentally entered or is crossing Saint Lucia, 
(including the air space above it and its territorial  waters, or the use of accessories for such a 
relevant aircraft, hovercraft or vehicle; 
(e) it consists of the use, exclusiv ely for the needs of a relevant sh ip, of a product or process in the 
body of the ship or in its machinery, tackle, a pparatus or other accessories, in a case where the ship 
has temporarily or accidentally entered the territorial waters of Saint Lucia; 
(f) it consists of the import, use, disposal or offer to dispose of, of any patented product, or of any 
product obtained by means of patented process or to which a patented process has been applied, 
which is produced by or with the consent, conditiona l or otherwise, of the proprietor of the patent 
or any person licenced by him or her, and for this  purpose “patent” includes a patent granted in any 
country outside Saint Lucia in respect of the same  or substantially the same invention as that for 
which a patent is granted unde r this Act and “patented product”, “patented process” and “licenced” 
shall be construed accordingly. 
(3) In this section, “relevant ship ,” “relevant aircraft,” “relevan t hovercraft” or “relevant vehicle” 
mean respectively a ship, aircraft, hovercraft or ve hicle registered in, or belonging to, any country 
other than Saint Lucia which is a party to the Paris Convention. 
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Proceedings for infringement of patent 
63.—  (1) Subject to this Part, civil proceedings may be brought in the court by the proprietor of a 
patent in respect of any act alleged to infringe  the patent and, without prejudice to any other 
jurisdiction of the court, in those proceedings a claim may be made — (a) for an injunction restraining the defendant  from any apprehended act of infringement; 
(b) for an order for the defendant to deliver up or d estroy any patented product in relation to which the 
patent is infringed or any article in whic h that product is inextricably comprised; 
(c) for damages in respect of the infringement; 
(d) for an account of the profits derived by  the defendant from the infringement; and 
(e) for a declaration that the patent is valid and has been infringed by the defendant. 
(2) The court shall not, in respect of the same infringement, both award the proprietor of a 
patent damages and order that he sha ll be given an account of the profits. 
(3) The proprietor of a patent and any other pe rson may by agreement with each other refer to 
the Registrar the question whether that other person has infringed the patent and on the reference, the 
proprietor of the patent may make an y claim mentioned in subsection (1) ( c) or ( e). 
(4) In this Act, unless the context otherwise requires — 
(a) any reference to proceedings for infringement and the bringing of such proceedings includes a 
reference to a reference under subsection (3) and the making of such a reference; 
(b) any reference to a plaintiff includes a refe rence to the proprietor of the patent; and 
(c) any reference to a defendant includes a refere nce to any other party to the reference.  
(5) If it appears to the Registrar on a referen ce under subsection (3) that the question referred 
to the Registrar would more properly be determined  by the court, the Registrar may decline to deal 
with it and the court shall have jurisdiction to determine the question as if the reference were 
proceedings brought in the court. 
(6) Subject to this Part, in determining whet her or not to grant any kind of relief claimed 
under this section and the extent of the relief gran ted, the court or the Registrar shall apply the 
principles applied by the court in relation to that  kind of relief immediately before the date of 
commencement of this Act. 
 
Reversal of burden of proof 
64. —  (1) In any proceedings for the infringement of a patent, where the subject-matter of the patent 
is a process for obtaining a new product, the burden of proving that a product is not made by the 
process shall be on the alleged infringer if the produc t is new or a substantial likelihood exists that the 
product is made by the process and the proprietor of  the patent has been unable through reasonable 
efforts to determine the process actually used. 
(2) In considering whether a party has discharge d the burden imposed upon him or her by this 
section, the court shall not require him or her to disclose any manufacturing or commercial secrets if it 
appears to the court that it would be unreasonable to do so. 
 
Restrictions on recovery of damages for infringement 
65.—  (1) In proceedings for infringement of a pate nt, damages shall not be awarded and no order 
shall be made for an account of profits against a defendant who proves that at the date of the 
infringement he or she was not aware, and had no r easonable grounds for supposing, that the patent 
existed, and a person shall not be taken to have been so aware or to have had reasonable grounds for 
so supposing by reason only of the application to a pr oduct of the word “patent” or “patented”, or any 
word or words expressing or implying that a pate nt has been obtained for the product, unless the 
number of the patent accompanied the word or words. 
(2) The court or the Registrar may, if the court or the Registrar thinks fit, refuse to award any 
damages or make any such order in respect of an infringement committed during any further period 
specified pursuant to section 32(3), but before the payment of the renewal fee and any additional fee 
prescribed for the purposes of that subsection.  
(3) Where an amendment of the specification of  a patent has been allowed under any of the 
provisions of this act, no damages shall be awarded in proceedings for an infringement of the patent  IP/N/1/LCA/P/1 
 Page 39 
 
 
committed before the decision to allow the amendmen t unless the court or the Registrar is satisfied 
that the specification of the patent as published was framed in good faith and with reasonable skill and  
knowledge. 
 
Relief for infringement of partially valid patent 
66.—  (1) If the validity of a patent is put in issue in proceedings for infringement of the patent and it 
is found that the patent is only partially valid, the co urt or the Registrar may, subject to subsection (2), 
grant relief in respect of that part of the pa tent which is found to be valid and infringed. 
(2) Where in any such proceedings it is found that  a patent is only partially valid, the court or 
the Registrar shall not grant relief by way of damag es, costs or expenses, except where the plaintiff 
proves that the specification for the patent was fra med in good faith and with reasonable skill and 
knowledge, and in that event the court or the Registra r may grant relief in respect of that part of the 
patent which is valid and infringed, subject to the di scretion of the court or the Registrar as to costs or 
expenses and as to the date from wh ich damages should be reckoned. 
(3) As a condition of relief under this section, th e court or the Registrar may direct that the 
specification of the patent shall be amended to th e court’s or the Registrar’s satisfaction upon an 
application made for that purpose under section 79, an d an application may be so made accordingly, 
whether or not all other issues in th e proceedings have been determined. 
 
Right to continue use begun before priority date 
67.—  (1) Where a patent is granted for an inven tion, a person who is in Saint Lucia before the 
priority date of the invention — 
(a) does in good faith an act which would constitute an infringement of the patent if it were in force; 
or 
(b) makes in good faith effective and serious preparati ons to do such an act; has the right to continue 
to do the act or, as the case may be, to do the act, no twithstanding the grant of the patent, but this 
right does not extend to granting a licence to another person to do the act. 
(2) If the act was done, or the preparations were  made, in the course of a business, the person 
entitled to the right conferred by subsection (1) may — (a) authorise the doing of that act by any of his or he r partners for the time being in that business; and 
(b) assign that right, or transmit it on death, or in the case of a body corporate on its dissolution, to 
any person who acquires that part of the business in the course of which the act was done or the 
preparations were made. 
(3) Where a product is disposed of to another in ex ercise of the rights conferred by subsection (1) and 
(2), that other and any person claiming through him or her may deal with the product in the same way 
as if it had been disposed of by the registered proprietor of the patent. 
 
Certificate of contested validity of patent 68.—  (1) If in any proceedings before the court or the Registrar the validity of a patent is found by 
the court or the Registrar to be wholly or partially valid, the court or the Registrar may certify the finding and the fact that the validity of the patent was so contested. 
(2) Where a certificate is granted under this secti on, then, if in any subsequent proceedings 
before the court or the Registrar for infringement of the patent or for revocation of the patent, a final 
order or judgement is made or given in favour of  the party relying on the validity of the patent as 
found in the earlier proceedings, that party shall, unless the court or the Registrar otherwise directs, be entitled to his or her costs or expenses as between solicitor and own client other than the costs or 
expenses of any appeal in the subsequent proceedings. 
 
Proceedings for infringement by co-owner 69.—  (1) In the application of section 62 to a patent of which there are two or more joint 
proprietors, the reference to the proprietor shall be construed — 
(a) in relation to any act, as a reference to that propri etor or those proprietors who, by virtue of section 
42 or any agreement referred to in that section,  is or are entitled to do that act without its 
amounting to an infringement; and IP/N/1/LCA/P/1 
Page 40  
 
(b) in relation to any consent, as a re ference to that proprietor or those proprietors who, by virtue of 
section 42 or any such agreement, is or are the proper person or persons to give the requisite 
consent. 
(2) One of two or more joint proprietors of a pa tent may without the concurrence of the others 
bring proceedings in respect of an alleged infring ement of the patent, but shall not do so unless the 
others are made parties to the proceedings, but any of the others if made a defendant shall not be 
liable for any costs or expenses unless he or she ente rs an appearance and takes part in proceedings. 
 
Proceedings for infringement by exclusive licensee 
70.—  (1) Subject to this section, the holder of an exclusive licence under a patent shall have the 
same right as the proprietor of the patent to bring proceedings in respect of any infringement of the 
patent committed after the date of the licence and refe rences to the proprietor of the patent in this Act 
relating to infringement sha ll be construed accordingly. 
(2) In awarding damages or granting any other re lief in any such proceedings, the court or the 
Registrar shall take into consideration any loss suffered or likely to be suffered by the exclusive 
licensee as such as a result of the infringement, or , as the case may be, the profits derived from the 
infringement, so far as it constitutes an infringement  of the rights of the exclusive licensee as such. 
(3) In any proceedings taken by an exclusive li censee by virtue of this section, the proprietor 
of the patent shall be made a party to the proceedi ngs, but if made a defendant  shall not be liable for 
any costs or expenses unless he or she enters an  appearance and takes part in the proceedings. 
 
Effect of non-registration on infringement proceedings 71. Where by virtue of a transaction, instrument or event to which section 39 applies a person 
becomes the proprietor or one of the proprietors or an exclusive licensee of a patent and the patent is 
subsequently infringed, the court of the Registrar sh all not award him or her damages or order that he 
or she be given an account of the profits in respect  of such a subsequent infringement occurring before 
the transaction, instrument or event is registered unless — 
(a) the transaction, instrument or event is registered within the period of six months beginning with its 
date; or 
(b) the court or the Registrar is satisfied that it was not practicable to register the transaction, 
instrument or event before the end of that peri od and that it was registered as soon as practicable 
thereafter. 
 Infringement of rights conferred by publication of application 
72.—  (1) Where an application for a patent for an invention is published — 
(a) subject to this section, the applicant shall ha ve, as from the publication and until the grant of the 
patent, the same right as he or she would have had, if the patent had been granted on the date of the 
publication of the application, to br ing proceedings in the court or be fore the Registrar for damages in 
respect of any act which would have infringed the patent; and (b) references in sections 62 to 65 and 69 to 71 to  a patent and the proprietor of a patent shall be 
respectively construed as including references to any such application and the applicant, and 
references to a patent being in force, being gran ted, being valid or exis ting shall be construed 
accordingly. 
(2) The applicant shall be entitled to bring proceed ings by virtue of this section in respect of 
any act only — (a) after the patent has been granted; and 
(b) if the act would, if the patent had been granted on the date of the publication of the application, 
have infringed not only the patent , but also the claims, as interpreted by the description and 
drawings referred to in the description or claims, in  the form in which they were contained in the 
application immediately before the preparati ons for its publication were completed by the 
Registry. 
(3) Section 65 (2) and (3) shall not apply to an infringement of the rights conferred by this 
section, but in considering the amount of any dama ges for such an infringement, the court or the 
Registrar shall consider whether or not it would ha ve been reasonable to expect, from a consideration  IP/N/1/LCA/P/1 
 Page 41 
 
 
of the application as published under section 23, that  a patent would be granted conferring on the 
proprietor of the patent protection from an act of the same description as that found to infringe those 
rights, and if the court or the Registrar finds that it would not have been reasonable, it or he or she 
shall reduce the damages to such an am ount as it or he or she thinks just. 
 
Remedy for groundless threats of infringement proceedings 73.—  (1) Where a person, whether or not the proprietor of, or entitled to any right in, a patent, by 
circulars, advertisements or otherwise, thr eatens another person with proceedings for any 
infringement or a patent, a person aggrieved by the th reats, whether or not he is the person to whom 
the threats are made, may, subject to subsection (4),  bring proceedings in th e court against the person 
making the threats, claiming any re lief mentioned in subsection (3). 
(2) In any such proceedings, the plaintiff shall, if he or she proves that the threats were so 
made and satisfies the court that he or she is a person aggrieved by them, be entitled to the relief 
claimed unless — (a) the defendant proves that the acts in respect of wh ich proceedings were threatened constitute or, if 
done, would constitute an infri ngement of a patent; and 
(b) the patent alleged to be infringed is not shown by the plaintiff to be invalid in a relevant respect. 
(3) The relief pursuant to subsection (2) is — 
(a) a declaration to the effect th at the threats are unjustifiable; 
(b) an injunction against the continuance of the threats; and 
(c) damages in respect of any loss which the plaintiff has sustained by the threats. 
(4) Proceedings may not be brought under this sec tion for a threat to bring proceedings for an 
infringement alleged to consist of  making or importing a product for disposal or of using a process. 
(5) It is hereby declared that a mere notification of the existence of a patent does not 
constitute a threat of proceedings w ithin the meaning of this section. 
(6) Nothing in this section shall render a pe rson liable to an action under this section in 
respect of an act done by the person in his professional capacity on behalf of a client. 
 
Declaration as to non-infringement 
74.—  (1) Without prejudice to the jurisdiction of th e court to make a declaration apart from this 
section, a declaration that an act does not, or a pro posed act would not, constitute an infringement or a 
patent may be made by the court or the Regi strar in proceedings be tween the person doing or 
proposing to do the act and the proprietor of the patent, notwithstanding that no assertion to the 
contrary has been made by the proprietor, if it is shown — (a) that the person has applied in writing to the pr oprietor for a written acknowledgment to the effect 
of the declaration claimed, and has furnished him or her with full particulars in writing of the act in question; and 
(b) that the proprietor has refused or fa iled to give any such acknowledgment. 
(2) A declaration made by the Registrar under this section shall have the same effect as a 
declaration made by the court.  
PART XIV 
REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS 
 Information on result of corresponding international applications 
75.—  (1) The Registrar may, on the application of any interested person and on the payment of the 
prescribed fee, request the proprietor of a patent to furnish to the Registrar, within such period as the 
Registrar may specify, the prescribed information on all corresponding interna tional applications or 
corresponding applications for a patent made by him or her, or his predecessor in title at any 
prescribed patent office with respect to which deta ils had been furnished to the Registrar under section 
25 (1) ( c). 
(2) Where the proprietor of a patent has furnis hed the prescribed information under subsection 
(1) or where such information is available at th e Registry, the Registrar shall as soon as practicable 
send to the interested person the prescribed  information so furnished or available. IP/N/1/LCA/P/1 
Page 42  
 
(3) Where the proprietor of a patent fails without  good cause to comply with the request of the 
Registrar under subsection (1), the Registrar may by order revoke the patent with effect from the date 
of the grant of the patent. 
(4) For the purpose of this section, “corr esponding international application” and 
“corresponding application” have the sa me meanings as in section 25 (9). 
 Power to revoke patents on application 
76.—  (1) Subject to the provisions of this Act, the Registrar may, on the application of any person, 
by order revoke a patent for an invention on, but only on, any of the following grounds — 
(a) the invention is not a patentable invention; 
(b) the patent was granted by a person who was not entitled to be granted that patent; 
(c) the specification of the patent does not disclose th e invention clearly and completely for it to be 
performed by a person skilled in the art; 
(d) the matter disclosed in the sp ecification of the patent extends beyond that disclosed in the 
application for the patent, as filed, or, if the pa tent was granted on a new application filed under 
section 16 (3), 43(4) or 110, or as mentioned in  section 22 (6), in the earlier application made 
under this Act; 
(e) the protection conferred by the patent has been  extended by an amendment which should not have 
been allowed; 
(f) the applicant for the patent has failed to inform  the Registrar about any corresponding international 
application or corresponding application f iled by him as required under section 25 (1) ( c) or has 
furnished any information which in any material particular was false; or 
(g) the patent was obtained on a misrepresentation. 
(2) On the application of any person for an or der to revoke a patent on any of the grounds 
specified in subsection (1) ( a), (c), (d) and ( e), the Registrar may, subject to subsections (3) and (4), 
cause the patent to be re-examined by an examiner  so as to determine whether the patent should be 
revoked on any of those grounds and require the appl icant to pay the prescribed re-examination fee. 
(3) The Registrar shall not cause a patent to  be re-examined under subsection (2) where, 
within the prescribed period, the applicant for the re vocation of the patent fails to give such security 
for the costs or expenses of the proceedings as the Registrar may specify, in which case, the 
application for revocation shall be  treated as having been abandoned. 
(4) An application for the revocation of a pa tent on the ground mentioned in subsection (1) 
(b) — 
(a) may only be made by a person found by the cour t in an action for a declaration or found by the 
court or the Registrar on a reference under section 43, to be entitled to be granted that patent or to 
be granted a patent for part of the matter comprised in the specification of the patent sought to be revoked; and 
(b) may not be made if that action was commenced or  that reference was made after the end of the 
period of two years beginning with the date of the grant of the patent sought to be revoked, unless 
it is shown that any person registered as a proprietor of the patent knew at the time of the grant or 
of the transfer of the patent to him or her that he or she was not entitled to the patent. 
(5) An order under this section may be — 
(a) an order for the unconditional revocation of the patent; or 
(b) where one of the grounds mentioned in subsec tion (1) has been established, but only so as to 
invalidate the patent to a limited extent, an order that the patent should be revoked unless within a 
specified time the specification is amended under sec tion 79 to the satisfaction of the Registrar. 
(6) A decision of the Registrar or on appeal from the Registrar shall not stop any party to any 
civil proceedings in which infringement of a patent is  in issue from alleging invalidity of the patent on 
any of the grounds referred to in subsection (1),  whether or not any of the issues involved were 
decided in the decision. 
(7) An order under this section revo king a patent shall have effect from the date of the grant 
of the patent.  IP/N/1/LCA/P/1 
 Page 43 
 
 
(8) Where an applicant for the revocation of a patent discontinues or withdraws his or her 
application, he or she shall pay such costs or  expenses of the proceedings as the Registrar may 
determine. 
(9) An application for an order to revoke a patent shall be — 
(a) made in the prescribed form and filed at the Registry in the prescribed manner; and 
(b) accompanied by the prescribed fee.  
(10) Section 89 shall not apply in relation to the decision of the Registrar to cause a patent to 
be re-examined under this section. 
 
Registrar’s power to revoke patents 
77. If it appears to the Registrar that an invention for which a patent has been granted formed part of 
the state of the art by virtue only of section 10(3), the Registrar may on his or her own initiative by order revoke the patent, but shall not do so without giving the proprietor of the patent an opportunity 
of making any observation and of amending the specification of the patent so as to exclude any matter which formed part of the state of the art as aforesaid without contravening section 80.  Proceedings in which validity of patent may be put in issue 
78.—  (1) Subject to this section, the validity of a patent may be put in issue — 
(a) by way of defence, proceedings for infringement of the patent under section 63 or proceedings 
under section 72 for infringement or rights conferre d by the publication of an application; 
(b) in proceedings under section 73; 
(c) in proceedings in which a declaration in re lation to the patent is sought under section 74; 
(d) in proceedings before the Registrar under sec tion 76 for the revocation of the patent; or 
(e) in proceedings under section 57 or 60. 
(2) The validity of a patent may not be put in i ssue in any other proceedings and, in particular, 
no proceedings may be instituted, whether under this  Act or otherwise, seeking only a declaration as 
to the validity or invalidity of a patent. 
(3) The only grounds on which the validity of a patent may be put in issue, whether in 
proceedings for revocation under section 76 or otherw ise, are the grounds on which the patent may be 
revoked under that section. 
(4) No determination shall be made in any pr oceedings mentioned in subsection (1) on the 
validity of a patent which any person puts in issue on the ground mentioned in section 76 (1) ( b) 
unless — 
(a) it has been determined in entitlement proceedings  commenced by that person or in the proceedings 
in which the validity of the patent is in issue that  the patent should have been granted to him or her 
and not some other person; and 
(b) except where it has been so determined in entitle ment proceedings, the proceedings in which the 
validity of the patent is in issue are commen ced before the end of the period of two years 
beginning with the date of the grant of the pate nt or it is shown that any person registered as a 
proprietor of the patent knew at the time of the gran t or of the transfer of the patent to him or her 
that he or she was not entitled to the patent. 
(5) Where the validity of a patent is put in issue by way of defence or counterclaim, the court 
or the Registrar shall, if it or he or she thinks it just to do so, give the defendant an opportunity to 
comply with the condition in subsection (4) ( a). 
(6) In subsection (4), “entitlement proceedings”,  in relation to a patent, means a reference 
under section 43 (1) on the ground that the patent was granted to a person not entitled to it or 
proceedings for a declaration that it was so granted. 
(7) Where proceedings with respect to a patent  are pending in the c ourt under any provision 
of this Act mentioned in subsec tion (1), no proceedings may be in stituted without the leave of the 
court before the Registrar with respect to that patent under section 63(3), 72, 74 or 76. 
(8) For the purposes of this Act the validity of a patent is not put in issue merely because the 
Registrar is considering its validity in order to decide whether to revoke it under section 77. 
 
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PART XV 
AMENDMENT OF PATENTS AND APPLICATIONS 
 
Amendment of patent in infringement or revocation proceedings 
79.—  (1) In any proceedings before the court or the Registrar in which the validity of a patent is put 
in issue, the court or, as the case may be, the Registra r may, subject to section 80, allow the proprietor 
of the patent in such manner, and subject to such  terms as to the publication and advertisement of the 
proposed amendment and as to costs, expenses or ot herwise, as the court or Registrar thinks fit. 
(2) A person may give notice to the court or the Registrar of his or her opposition to an 
amendment proposed by the proprietor of the patent under this section, and if he or she does so the 
court or the Registrar shall notify the proprietor and consider the opposition in deciding whether the 
amendment or any amendm ent should be allowed. 
(3) An amendment of a specification of a pate nt under this section shall have effect and be 
deemed always to have had effect from the grant of the patent. 
(4) Where an application for an order under this  section is made to the court, the applicant 
shall notify the Registrar, who shall be entitled to appe ar and be heard and shall appear if so directed 
by the court. 
 
Amendments of applications and patents not to include added matter 
80. —  (1) An application for a patent which — 
(a) is made in respect of matter disclosed in an earlie r application, or in the specification of a patent 
which has been granted; and 
(b) discloses additional matter, that is matter extending beyond that disclosed in the earlier application 
made under this Act; may be filed under section 16 (3), or 43 (4) or as mentioned in section 22 (6), 
but shall not be allowed to proceed unless it is amended so as to exclude the additional matter. 
(2) An amendment of an application for a pate nt shall not be allowed under section 27 if it 
results in the application disclosing any matter extending beyond that disclosed in the application as 
filed. 
(3) An amendment of the specification of a pate nt shall not be allowed under section 34 (1), 
77 or 79 if it — (a) results in the specification disclosing any additional matter; or 
(b) extends the protection conferred by the patent. 
 
PART XVI 
INTERNATIONAL APPLICATIONS FOR PATENTS 
 
Effect of filing international application for patent 
81. —  (1) An application for a patent (Saint Luci a) for which a date of filing has been accorded 
under the Patent Co-operation Treaty shall, subject to sections 82 and 83, be treated for the purposes 
of this Act as an application for a patent under this Act. 
(2) If an application, or the designation of Sain t Lucia in it, is withdrawn, except as mentioned 
in subsection (3), deemed to be withdrawn under th e Patent Co-operation Treaty, it shall be treated as 
withdrawn under this Act. 
(3) An application shall not be as withdrawn unde r this Act if it or the designation of Saint 
Lucia in it, is deemed to be withdraw n under the Patent Co-operation Treaty — 
(a) because of an error or omission in an institution having function under the Treaty; or 
(b) because, owing to circumstances outside the appli cant’s control, a copy of the application was not 
received by the International Bureau before the end of the time limited for that purpose under the 
Treaty; or 
(c) in such other circumstances as may be prescribed. 
(4) If an international application for a patent which designates Saint Lucia is refused a filing 
date under the Patent Co-operation Treaty and the Regi strar determines that the refusal was caused by 
an error or omission in an institution having functions  under that Treaty, the Registrar may direct that  IP/N/1/LCA/P/1 
 Page 45 
 
 
the application shall be treated as an application under this Act, having such date of filing as he or she 
may direct. 
(5) The Registry shall act as a receiving Offi ce under Article 2 of the Patent Co-operation 
Treaty in respect of International applications filed by citizens of Saint Lucia or persons resident in 
Saint Lucia.  
(6) The prescribed transmittal fee, in additi on to the fees prescribed by the Patent Co-
operation Treaty, shall be paid to the Registry by  any person filing an international application under 
that Treaty. 
 
International and national phases of application 
82.—  (1) The provisions of the Patent Co-operation Treaty relating to publication, search, 
examination and amendment, and not those of this Act apply to an international application for a 
patent (Saint Lucia) during the international phase of the application. 
(2) The international phase of the applica tion means the period from the filing of the 
application in accordance with the Patent Co -operation Treaty until the national phase of the 
application begins. 
(3) The national phase of the application begins — 
(a) when the prescribed period expires, provided an y necessary translation of the application into 
English has been filed with the Registrar and the prescribed fee has been pa id by the applicant; or 
(b) on the applicant expressly requesting the Registrar to proceed earlier with the national phase of the 
application, paying the prescribed fee and filing with the Registrar — 
(i) a copy of the application, if none has been sent to the Registry in accordance with the Patent 
Co-operation Treaty; and 
(ii) any necessary translation of the application into English. 
(4) For the purposes of subsection (3), “a copy of  the application” includes a copy published 
in accordance with the Patent Co-operation Treaty in a language other than that in which it was 
originally filed. 
(5) If the prescribed period expires without th e conditions mentioned in subsection(3) ( a) 
being satisfied, the application sh all be taken to be withdrawn. 
(6) Where during the international phase the a pplication is amended in accordance with the 
Patent Co-operation Treaty, the amendment sh all be treated as made under this Act if — 
(a) when the prescribed period expires, any necessary translation of the amendment into English has 
been filed with the Registrar; or 
(b) where the applicant expressly re quests the Registrar to proceed earlier with the national phase of 
the application, there is then filed with the Registrar — 
(i) a copy of the amendment, if none has been sen t to the Registry in accordance with the Treaty; and 
(ii) any necessary translation of the amendment in to English; otherwise the amendment shall be 
disregarded. 
 
Adaptation of provisions in relation to international applications 
83.—  (1) Where an international application for a patent (Saint Lucia) is accorded a filing date 
under the Patent Co-operation Treaty — (a) that date or, if the application is re-dated under the Treaty to a later date, that later date shall be 
treated as the date of filing the application under this Act; 
(b) any declaration of priority made under the Treat y shall be treated as made under section 13(2), and 
where in accordance with the Treaty any extra days  are allowed, the period of twelve months 
specified in 13(2) shall be treated as altered accordingly; and 
(c) any statement of the name of the inventor unde r the Treaty shall be treated as a statement filed 
under section 20(2). 
(2) If the application, not having been publis hed under this Act, is published in accordance 
with the Patent Co-operation Treaty, it shall be tr eated, for purposes other than those mentioned in 
subsection (3), as published under section 23 when  the conditions menti oned in section 82 (3) ( a) are 
complied with. IP/N/1/LCA/P/1 
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(3) For the purposes of section 57 and section 72 the application, not having been published 
under this Act, shall be treated as published under section 23 — (a) if it is published in accordance with the Patent  Co-operation Treaty in English, on its being so 
published; and 
(b) if it is published in accordance with the Pate nt Co-operation Treaty in a language other than 
English — 
(i) on the publication of the translation of the a pplication in accordance with section 82 (7); or 
(ii) on the service by the applicant of a transl ation into English of the specification of the 
application on the Government department concerned or, as the case may be, on the person 
committing the infringing act. 
(4) The reference in subsection (3) ( b) (ii) to the service of a translation to a Government 
department or other person is to its being sent by post or delivered to that department or person. 
(5) During the international phase of the appli cation, section 16 does not apply but after the 
end of the international phase that section shall apply. 
 
Evidence of Patent Co-operation Treaty and its instruments 84. —  (1) Judicial notice shall be taken of the Patent Co-operation Treaty and any Gazette , bulletin 
or journal published under the Treaty, and any such  document shall be admi ssible as evidence of any 
instrument or other act thereby communicated of  any institution having functions under the Treaty. 
(2) Evidence of any instrument issued under the Patent Co-operation Treaty by any institution 
or of any document in the custody of any institution or reproducing in legible form any information in 
such custody otherwise than in legible form, or any entry or extract from such a document, may be 
given in any legal proceedings by production of a copy  certified as a true copy by an official of that 
institution, and any document purporting to be such a copy shall receive in evidence without proof of 
the official position or handwriting of the person signing the certificate. 
(3) Evidence of any instrument mentioned in s ubsection (2) may also be given in any legal 
proceedings — 
(a) by production of a copy purporting to be  printed by the Government Printers; 
(b) where the instrument is in the custody of a Government department, by production of a copy 
certified on behalf of the department to be a true copy by an officer of the department generally or 
specially authorised to do so; 
and any document purporting to be such a copy as is mentioned in paragraph ( b) of an instrument in 
the custody of a Government department shall be received in evidence without proof of the official 
position or of the handwriting of the person signing the certificate, or of his or her authority to do so, 
or of the document being in the custody of the department. 
(4) In this section, “legal proceedings” in cludes proceedings before the Registrar. 
 
Convention countries 85.—  (1) The Minister may, with a view to the fu lfillment of any treaty, convention, arrangement or 
engagement, by Order published in the Gazette declare that any country sp ecified in the Order is a 
convention country for purposes of section 13. 
(2) For the purposes of this section, every colo ny, protectorate and territory subject to the 
authority or under the suzerainty of another country, and every territory administered by another 
country under the trusteeship system of the United Na tions shall be taken to be a country in the case 
of which a declaration may be made under this section.  
PART XVII 
LEGAL PROCEEDINGS 
 Proceedings before Court or Registrar 
86.—  (1) Any proceedings before the Court relating to patents and other matte rs under this Act shall 
be dealt with by a judge sitting alone or, if the judge  thinks fit, with one or more scientific advisers 
selected from the panel appointed under subsection (2).  IP/N/1/LCA/P/1 
 Page 47 
 
 
(2) The Regulations may make provision for the appointment of a panel of scientific advisers 
to assist the Court and the Registrar in proceedings u nder this Act, for regulating the functions of such 
advisers and for remunerating such advisers.  
Appeals from Registrar 
87. —  (1) An appeal shall lie to the Court from an y decision of the Registrar under this Act except 
any of the following decisions — (a) a decision falling within section 21(7); 
(b) a decision under 23(2) to omit any matter from a specification; 
(c) a decision to give direction under section 29 (1) or (2); 
(d) a decision under the Regulations which is excepted by the 
Regulations from the right of appeal conferred by this section. 
(2) An appeal shall not lie to the Court of Appeal from a decision of the Court on appeal from 
the decision of the Registrar under this Act— (a) except where the decision of the Registrar was gi ven under section 16, 34, 43, 63, 76, 77 or 79; or 
(b) except where the ground of appeal is that the decision of the Court is wrong in law; 
but an appeal shall only lie to the Court of Appeal und er this section if leave to appeal is given by the 
Court or Court of Appeal. 
 
General powers of Court 
88.—  (1) The Court may, for the purpose of determin ing any question in the exercise of its original 
or appellate jurisdiction under this Act, make any order or exercise any other power which the 
Registrar could have made or exercised fo r the purpose of determining that question. 
(2) In all proceedings before the Court under this Act, the costs of the Registrar shall be in the 
discretion of the Court, but the Registrar shall not be ordered to pay the costs of any other of the parties.  Exercise of Registrar’s discretionary powers 
89. Without prejudice to any rule of law, the Registra r shall give any party to a proceeding before him 
or her an opportunity of being heard before exercising adversely to that party any discretion vested in the Registrar by this Act.  Right of audience in patent proceedings 
90. Any party to any proceedings before the Regist rar under this Act or any treaty to which Saint 
Lucia is a party may appear before the Registrar in  person or be represented by any attorney-at-law. 
 
Extension of privilege for comm unications with attorney-at-law 
91.—  (1) The rule of law which confers privilege fro m disclosure in legal proceedings in respect of 
communications made with an attorney at- law or a person acting on his or her be half, or in relation to 
information obtained or supplied for submission to an  attorney-at-law or a person acting on his or her 
behalf, for the purpose of any pending or contemplat ed proceedings before a court in Saint Lucia 
extends to communications so made for the purpo se of any pending or contemplated proceedings 
before the Registrar under this Act. 
(2) In this section, “legal proceedings” includes proceedings  before the Registrar, and 
references to “legal proceedings” and “pending or contemplated proceedings” include references to 
applications for a patent and to inte rnational applications for a patent. 
 
Costs and expenses in proceedings before the Registrar 
92. The Registrar may, in proceedings before him or her under this Act, by order award to any party 
such costs as he or she may consider reasonable and direct how and by what parties they are to be 
paid. 
 
Security for Cost 
93. If any person by whom — IP/N/1/LCA/P/1 
Page 48  
 
(a) a reference is made to the Registrar under section 16 or 43; 
(b) an application is made to the Regist rar for the revocation of a patent; or 
(c) notice of opposition is given to the Registrar unde r section 34(4), 36(2), 50(6), 55(1) or 101(2); 
neither resides nor carries on business in Saint Lucia,  the Registrar may require him to give security 
for the costs or expenses of the proceedings and in default of such security being given may treat the 
reference, application or notice as abandoned. 
 
Licences granted by order of Registrar 
94. Any order of the Registrar for the grant of a li cence under this Act shall, without any prejudice to 
any other method of enforcement, have effect as if  it were a deed, executed by the proprietor of the 
patent and all other necessary parties, gran ting a licence in accordance with the order. 
 
PART XVIII 
OFFENCES 
 
Falsification of register, etc. 95. If a person makes or causes to be made a false en try in any register kept under this Act, or a 
writing falsely purporting to be a copy or reproduction of an entry in any such register, or produces or 
tenders or causes to be produced tendered in evid ence any such writing, knowing the or writing to be 
false, that person commits an offence and is liabl e on conviction to a fine not exceeding five thousand 
dollars or to imprisonment for a term not exceeding one year or to both.  Unauthorised claim of patent rights 
96. —  (1) A person shall not falsely represent that anyt hing disposed of by him or her for value is a 
patent product. 
(2) Subject to this section, a person who contra venes subsection (1), commits an offence and 
is liable on conviction to a fine not exceeding ten th ousand dollars or to imprisonment for a term not 
exceeding three years or to both. 
(3) For the purposes of subsection (1), a person who for value disposes of an article having 
stamped, engraved or impressed on it or otherwise a pplied to it the word “patent” or “patented” or 
anything implying or expressing that the article is a patented product, shall be taken to represent that 
the article is a patented product. 
(4) Subsection (1) shall not apply where the repr esentation is in respect of a product after the 
patent for that product or, as the case may be, the process in question has expired or been revoked and 
before the end of a period which is reasonably suffici ent to enable the accused to  take steps to ensure 
that the representation is not made or does not continue to be made. 
(5) In proceedings for an offence under this sec tion, it shall be a defence for the accused to 
prove that he or she used due diligence to  prevent the commission of the offence. 
 
Unauthorised claim that patent has been applied for 
97.—  (1) If a person represents that a patent has been  applied for in respect of any article disposed 
of for value by him or her and — (a) no such application has been made; or 
(b) any such application has been refused, withdrawn or treated as having been abandoned; 
then subject to this section, he or she commits an  offence and is liable on conviction to a fine not 
exceeding ten thousand dollars or to imprisonment fo r a term not exceeding three years or to both. 
(2) Subsection (1) ( b) shall not apply where the representation is made or continues to be 
made before the expiry of a period which commenc es with the refusal, withdrawal or abandonment 
and which is reasonably sufficient to enable the accuse d to take steps to ensure that the representation 
is not made or does not continue to be made. 
(3) For the purpose of subsection (1), a person who for value disposes of an article having 
stamped, engraved or impressed on it or otherwise applied to it the words “patent applied for” or 
“patent pending”, or anything expressing or implying that a patent has been applied for in respect of 
the article, shall be taken to represent that a pa tent has been applied for in respect of it.  IP/N/1/LCA/P/1 
 Page 49 
 
 
(4) In any proceedings for an offence under this  section, it shall be a defence for the accused 
to prove that he or she used due diligen ce to prevent the commission of the offence. 
 
Misuse of title “Registry of Companies and Intellectual Property” 
98. If any person uses on his or her place of business, or on any document issued by him or her , or 
otherwise, the words, “Registry of Companies and Intellectual Property” or any other words 
suggesting that his or her place of business is, or is officially connected with, the Registry of 
Companies and Intellectual Property, he or she co mmits an offence and is liable on conviction to a 
fine not exceeding five thousand dollars or to impr isonment for a term not exceeding one year or to 
both. 
 
Offences by corporations and partnerships 
99.—  (1) Where an offence under this Act whic h has been committed by a body corporate is 
provided to have been committed with the consent or  connivance of, or to be attributable to any 
neglect on the part of, a director, manager, secretary or any similar officer of the body corporate, or 
any person who was purporting to act in any such cap acity, he or she , as well as the body corporate, 
commits that offence and is liable to be proceeded against and punished accordingly. 
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall 
apply in relation to the acts and defaults of a me mber in connection with his or her functions of 
management as if he or she is a director of the body corporate. 
(3) Proceedings for an offence under this Act a lleged to have been committed by a partnership 
shall be brought in the name of the partnership and not in that of the partners, but without prejudice to 
any liability of the partners under subsection (5). 
(4) A fine imposed on a partnership on its convicti on in such proceedings shall be paid out of 
the partnership assets. 
(5) Where a partnership commits an offence under th is Act, every partner, other than a partner 
who is proved to have been ignorant of or to have  attempted to prevent the commission of the offence, 
also commits an offence and is liable to be  proceeded against and punished accordingly. 
 
PART XIX 
MISCELLANEOUS AND GENERAL 
 
Immunity of Government, persons employed in Registry and examiners 100. The Government, any officer of the Registry and examiner shall not — 
(a) be taken to warrant the validity of any patent gr anted under this Act or any treaty to which Saint 
Lucia is a party; 
(b) incur some liability by reason of or in connecti on with any examination or investigation required 
or authorised by this Act or any such treaty or any report or other pro ceedings consequent on any 
such examination or investigation. 
 
Correction of errors in patents and applications 
101. —  (1) The Registrar may, subject to any provision of the Regulations, correct any error of 
translation or transcription, clerical error or mistak e in any specification of a patent or application for 
a patent or any document filed in connection with a patent or such an application. 
(2) Where the Registrar is requested to correct an error or mistake pursuant to subsection(1), 
any person may in accordance with the Regulations give the Registrar opposition to the request and 
the Registrar shall determine the matter. 
 
Information about patent applications and patents and inspection of 
documents 
102.—  (1) After publication of an application for a patent in accordance with section 23, the 
Registrar shall, on request being made to him in the prescribed manner and payment of the prescribed 
fee, if any, give the person making the request such information, and permit him or her to inspect such IP/N/1/LCA/P/1 
Page 50  
 
documents, relating to the application or to any pa tent granted pursuant to the application as may be 
specified in the request, subject, however to any prescribed restrictions. 
(2) Subject to this section, until an applica tion for a patent is published, documents or 
information constituting or relating to  the application shall not, without the consent of the applicant, 
be published or communicated to any person by the Registrar. 
(3) Subsection (2) shall not prevent — 
(a) the Registrar from publishing or communicating to others any bibliographic information about an 
unpublished application for a patent; or 
(b) the Minister from inspecting or authorising the inspection of an application for a patent or any 
connected document under section 29(5). 
(4) Where a person is notified that an application for a patent has been made, but not 
published in accordance with section 23 , and that the applicant will, if  the patent is granted, bring 
proceedings against that person in the event of hi s or her doing an act specified in the notification 
after the application is so published, that person may make a request under subsection (1), 
notwithstanding that the application has not been  published, and that subsection shall apply 
accordingly. 
(5) Where an application for a patent is filed, but not published, and a new application is filed 
in respect of any part of the subject-matter of th e earlier application, either in accordance with the 
Regulations or pursuant to an order under section16, and is published, any person may make a request 
under subsection(1) relating to the earlier applica tion and on payment of the prescribed fee the 
Registrar shall give him or her such information and permit him or her to inspect such documents as 
could have been given or inspected if th e earlier application had been published. 
(6) The publication of a whole or part of a specification of a patent or an application for a 
patent shall not constitute an infringement of any copyright subsisting under the Copyright Act 1995, 
No. 10 in any literary or artistic work. 
 
Service by post 103. Any notice required or authorised to be given by this Act, and any application or other document 
so authorised or required to be given, made or filed, may be given, made or filed, by post. 
 
Extension of time 
104.—  (1) The Minister may prescribe an extension of time for any period of time specified for the 
doing of an act in relation to an application for a patent or in proceedings under this Act, not being 
proceedings in court. 
(2) The Regulations may contain any provision that the Minister thinks fit regulating the 
circumstances in which such an extension may be granted and may also provide for the protection and 
compensation of persons affected by the grant of an  extension of time and may authorise the Registrar 
to grant an extension of time notwithstanding that the period has already expired. 
 
Work done aftere hours of business 
105. Any business done under this Act on any day after the hours of business of the Rgeistry specified 
in the Companies and Intellectual Property (Registr y) Act 2000, No. 12 in relation to the business of 
that class, or on a day which is an excluded day in re lation to business of that class, shall be taken to 
have been done on the next following day not being an excluded day, and where the time for doing 
anything under this Act expires on an excluded day, that time shall be extended to the next following 
day not being an excluded day.  
Government’s right to sell forfeited articles 
106. Nothing in this Part shall affect the right of th e Government or any person deriving title, directly 
or indirectly, from the Government to dispose of or use articles forfeited under the laws relating to 
customs or excise. 
 
 
  IP/N/1/LCA/P/1 
 Page 51 
 
 
Extent of invention 
107.—  (1) For the purposes of this Act, an invention for a patent for which an application has been 
made or for which a patent has been granted shall,  unless the context otherwise requires, be taken to 
be that specified in a claim of the specification of the application or patent, as the case may be, as 
interpreted by the description and an y drawings contained in that speci fication, and the extent of the 
protection conferred by the patent or applicati on for a patent shall be determined accordingly. 
(2) It is hereby declared for the avoidance of doubt that where more than one invention is 
specified in any such claim, each invention may have a different priority date under section 13. 
 
Availability of samples of micro-organisms 
108.—  (1) The Minister may prescribe the circumstanc es in which the specification of an application 
for a patent, or of a patent, for an invention which requires for its performance the use of a 
microorganism is to be treated as disclosing the invention in a manner which is clear enough and 
complete enough for the invention to be pe rformed by a person skilled in the art. 
(2) The Regulations may in particular require the applicant or patentee — 
(a) to take such steps as may be prescribed for the purposes of making available to the public samples 
of the micro-organism; and (b) not to impose or maintain restrictions on the uses to which such samples may be put, except as 
may be prescribed. 
(3) The Regulations may provide that, in such  cases as may be prescribed, samples need only 
be made available to such persons or description of persons as may be prescribed, and the Regulations 
may 
identify a description of persons by reference to wh ether the Registrar has given his certificate as to 
any matter. 
(4) An application of a revocation of a patent  under section 76 (1) (c) may be made if any of 
the requirements of the Regulations ceases to be complied with.  Regulations 
109.—  (1) The Minister may make such Regulations as he or she thinks expedient for regulating the 
business of the Registry in relation to patents and applications for patents,  including international 
applications for patents, and for regulating all matte rs placed by this Act under the direction or control 
of the Registrar. 
(2) Without prejudice to the generality of subsec tion(1), the Regulations may make provision  
(a) prescribing the form and content of applications  for patents and other documents which may be 
filed at the Registry and requiring copies to be furnished of any such documents; 
(b) regulating the procedure to be followed in connect ion with any proceeding or other matter before 
the Registrar or the Registry and authorising the rectification of irregularities of the procedure; 
(c) requiring fees to be paid in connection with the provision of any service by the Registry and 
providing for the remission of fees in the prescribed circumstances; 
(d) regulating the mode of giving evidence in any such proceeding and empowering the Registrar to 
compel the attendance of witnesses and the discovery of and prod uction of documents; 
(e) requiring the Registrar to publish any proposed amendments of patents and any other prescribed 
matters including any prescribed st eps in any such proceedings; 
(f) providing for the appointment of scientific adviser s to assist the court and the Registrar in any 
proceeding before it or him and for the remuneration of such advisers; 
(g) prescribing time limits for doing anything requir ed to be done in connection with any such 
proceeding by this Act or the Regulations; 
(h) giving effect to the right of an investor of an invention to be mentioned in an application for a 
patent for the invention; 
(i) providing for the publication and sale of documents  in the Registry and information about such 
documents; 
(j) prescribing, in relation to international appli cations, matters necessary or convenient to be 
prescribed for carrying out or giving eff ect to the Patent Co-operation Treaty; IP/N/1/LCA/P/1 
Page 52  
 
(k) excluding or varying the operation of the provisi ons of this Act in relation to international 
applications and applications for patents made under section 110; 
(l) requiring and regulating the translation of docu ments in connection with any application for a 
patent and the filing and authentication of any such translation; and 
(m) prescribing the scale of costs for proceedings before the Registrar. 
(3) The Regulations may make different provisions for different cases. 
(4) The Regulations may require or authorise the Registrar to make arrangements for the 
publication of reports of cases relating to patents deci ded by him or by any court or body whether in 
Saint Lucia or elsewhere. 
 
Transitional 110.—  (1) A patent that immediately before the date  of commencement of this Act was registered or 
granted under the repealed enactment is deemed to be granted under this Act. 
(2) An existing patent expires on the day on wh ich it would have expired under the repealed 
enactment if the repealed enactment had not been repealed. 
(3) Sections 32 and 35 apply in relation to the renewal of the registration of an existing patent. 
(4) If an application for registration or grant, or  other application, notice or request is pending 
under the repealed enactment, that application shall be dealt with in accordance with this Act and is 
taken to be filed in accordance with this Act. 
(5) Notwithstanding any rule of law to the c ontrary any international application under the 
Patent Co-operation Treaty designating Saint Lucia a nd filed in Saint Lucia prior to the date of 
commencement of this Act, fulfilling the require ments under the said Treaty and being accorded an 
international filing date shall be treated as a patent application under this Act as of the international 
filing date, which date shall be  considered to be the actual filing date in Saint Lucia. 
(6) Notwithstanding any rule of law to the contra ry any international application referred to in 
subsection (5) shall be deemed to have been lawfu lly and validly filed and no legal proceedings or 
other action whether pending or not shall be entertained in respect of the validity of the filing of such 
application for the reason that any such applicati on has been filed before the commencement date of 
this Act.  
Passed in the House of Assembly this 27th day of March, 2001. 
 
MATTHEW ROBERTS, 
Speaker of the House of Assembly. 
 
Passed in the Senate this 23rd day of March, 2001. 
 
HILFORD DETERVILLE, 
President of the Senate.  
 
__________