CHAPTER 314  
PATENTS ACT  
• Act • Subsidiary Legisl ation • 
ACT  
Act No. 39 of 2004  
ARRANGEMENT OF SECTI ONS  
PART I  
Preliminary  
1. Short title and commencement.  
2. Interpretation.  
PART II  
Administration of Patents  
3. Powers and duties of the Registrar.  
4. Annual list of patents.  
5. Power to issue duplicate patents.  
6. Appointment of examiners.  
7. Restrictions on officers of CIPO.  
8. Exercise of discretionary power by Regi strar. 
PART III  
Register of Patents and Official Records  
9. Register of Patents.  
10. Power to correct clerical errors.  
11. Rectification of register.  
12. Evidence of official records.  
PART IV  
Patentability  
13. Patentable inventions.  
14. Novelty.  
15. Inventive step.  
16. Industrial application.  
17. Nature of invention.  
PART V  
Patent Rights and Ownership  
18. Who may apply for a patent.  
19. Right to obtain patent.  
20. Invention made by employee or person commissioned.  
21. Judicial assignment of patent application or patent.  22. Mention of inventor.  
23. Nature of and transactions  in patents.  
24. Co-ownership of patents and applications for patents.  
25. Rights of owner of patent.  
26. Prevention of indirect use of invention.  
27. Limitation of effect of patent.  
28. Regional exhaustion of rights.  
29. Extent of protection.  
PART VI 
Making, Examination and Determination of Applications for Patents  
30. Making of application.  
31. Divisional applications.  
32. Filing date of application.  
33. Priority date.  
34. Information on corresponding foreign appl ications.  
35. Disclosure of ma tter between earlier and later applications.  
36. Conversion of patent application.  
37. Examination as to form.  
38. Substantive examination.  
39. Refusal or grant of patent.  
40. Amendment of application before grant.  
41. Withdrawal of application.  
42. Time limit for determination.  
43. Notification and publication of grant of pa tent. 
44. Term of patent.  
PART VII  
Maintenance, Surrender and Transmission of Rights and Inte rests 
45. Maintenance fees.  
46. Surrender of patent or claim.  
47. Transmission o f rights and interests.  
PART VIII  
Voluntary and Non -Voluntary Licences  
48. Voluntary licences.  
49. Non-voluntary licences.  
50. Exercise of powers on applications under section 49.  
51. Use of patented invention for services of the Crown.  
PART IX  
Infrin gement  
52. Infringement.  
53. Proceedings for infringement.  
54. Restrictions on recovery of damages for i nfringement.  
55. Relief for infringement of partially valid patent.  
56. Certificate of contested validity of patent.  
57. Proceedings for infringeme nt by exclusive licensee.  
58. Effect of non -registration on infringement proceedings.  
59. Remedy for groundless threats of infring ement proceedings.  
60. Power of Court to make declaration as to non -infringement.  
61. Right to continue use begun before d ate of filing or priority.  PART X  
Revocation of Patent  
62. Application for revocation of patent.  
63. Grounds for revocation.  
64. Examination of application for revocation.  
PART XI  
Putting Validity in Issue  
65. Circumstances in which validity of patent may be put in issue.  
66. Amendment of patent in infringement or revocation proceedings.  
PART XII  
Utility Certificates  
67. Provisions applicable to utility certificates.  
68. Qualification of invention for utility certif icate. 
69. Term of utility certifi cate. 
70. Grounds for revocation.  
71. Registration of utility certificates.  
PART XIII  
International Applications under the Patent Co -operation Treaty  
72. Interpretation.  
73. Filing date of international application.  
74. International Bureau as receivi ng office.  
75. Filing of international applications with the International Bureau.  
76. CIPO as designated office.  
77. CIPO as elected office.  
78. National processing.  
79. Entering national phase.  
80. Implementation of Patent Co -operation Treaty.  
81. Judicial notice of certain treaties and instr uments thereunder.  
PART XIV  
Offences  
82. Falsification of register, etc.  
83. Unauthorised claim of patent rights.  
84. Unauthorised claim that patent has been a pplied for.  
85. Offences by corporations.  
86. Time limit for prosecution.  
PART XV  
General and Miscellaneous  
87. Representation.  
88. Service by post.  
89. Immunity as regards official acts.  
90. Saving in respect of rights to sell forfeited articles.  
91. Act binds Crown.  
92. Regulations.  
93. Repea l and transitional provisions.   
CHAPTER 314  
PATENTS ACT  
An Act to repeal and replace the Patents Act (Chapter 110 of the Revised Laws 1990 
Edition) and the Registration of United Kingdom Patents Act (Chapter 112 of the 
Revised Laws 1990 Edition), to revis e the law relating to patents in order to give 
effect to certain international conventions on patents, and for related ma tters. 
Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and 
consent of the House of Assembly of Saint Vincen t and the Grenadines and by the 
authority of the same, as follows.  
[Act No. 39 of 2004.]  
[Date of commencement: 4 th August , 2008.]  
PART I  
Preliminary  
1.   Short title and commencement  
This Act may be cited as the Patents Act, 2004, and shall come into oper ation on a 
date to be fixed by the Governor -General by Proclamation published in the Gazette . 
2.   Interpretation  
In this Act, unless the context otherwise requires — 
“Caribbean Community”  means the community established under Art icle 2 of 
the Revised Treat y of Chaguaramas establishing the Caribbean Co mmunity including 
the CAR ICOM Single Market and Economy (2001);  
“CIPO”  means the Commerce and Intellectual Property Office;  
“Court”  means the High Court;  
“date of filing”  means, in relation to — 
 (a) an applicat ion for a patent under this Act, the filing date accorded that 
application under section 32;  
 (b) an application for a patent under this Act which is submitted with a claim 
under section 33 for priority of one or more earlier applic ations filed in a 
countr y that is party to the Paris Convention, the date accorded that 
application under section 25, having regard to section 33; and  
 (c) an international application filed in accordance with the Patent Co -operation  
Treaty, the date accorded the application unde r the treaty;  
“examiner”  means any person or body appointed or designated as such by the 
Minister under section 6;  
“exclusive licence”  means a licence from the proprietor of or applicant for a patent 
which confers on the licensee, or on the licensee and pe rsons autho rised by him, to the 
exclusion of all other persons including the proprietor or the applicant, any right in 
respect of the invention to which the patent or a pplication relates and “exclusive 
licensee” shall be co nstrued accordingly;  
“formal requ irements”  means those requirements designated as such by rules 
made for the purposes of section 37;  “former Acts”  means the Patents Act and the Registration of United Kingdom 
Patents Act;  
[Chapter 110 and Chapter 112 of the Revised Laws 1990 Edition.]  
“international application”  means an application made under the Patent Co -
operation Treaty ; 
“International Bureau”  means the Secretariat of the World Intellectual Property 
Organisation established by the convention signed at Stockholm on the 14th day of 
July, 1967;  
“invention”  means an idea of an inventor which permits in practice the solution to 
a specific problem in the field of technology;  
“inventor”  means the person who devises an invention and “joint inve ntors” shall 
be co nstrued accordingly;  
“Minister”  means the Minister responsible for legal affairs;  
“Official Journal”  means a publication issued by or at the direction of the 
Commerce and Intellectual Property Office, and includes advertisement in the 
Gazette ; 
“Paris Convention”  means the Paris Convention for the Protection of I ndustrial 
Property signed in Paris on the 20th day of March, 1883, as amended from time to 
time and as in force in Saint Vincent and the Grenadines;  
“patent”  means the title granted to protect an invention and unless the context 
otherwise requires includes, subject to Part XII, a utility certificate;  
“patent application”  means an application under this Act for a patent and unless 
the context otherwise requires includes, subject to Part XII, a utility certificate 
application;  
“Patent C o-operation Treaty”  means the treaty of that name signed at 
Washin gton on the 19th day of June, 1970;  
“patented invention”  means an invention for which a patent is granted;  
“prescribed”  means, in the case of proceedings before the Court, pr escribed by 
rules of Court, and, in any other case, prescribed by rules made u nder this Act;  
“priority date”  means the date determined as such under section 33;  
“published”  means made available to the public and a document shall be taken to 
be published if a reproduction thereof can be inspected as of right by members of the 
public whether on payment of a fee or not;  
“register”  means the register of patents maintained under section 9;  
“Registrar”  means the Registrar of the Commerce and Intellectual Pro perty Office 
and any reference to the Registrar shall be construed as including a re ference to any 
officer discharging the functions of the Registrar;  
“right” , in relation to any patent application or patent, includes an interest in the 
patent application or patent and, withou t prejudice to the foregoing, any reference in 
this Act to a right in a patent includes a reference to a share in the patent;  
“utility certificate”  means a utility certificate under Part XII.  
PART II  
Administration of Patents  
3.   Powers and duties of the Registrar  (1)  The Registrar shall be responsible for the grant and administration of pa tents and 
utility certificates and for the provision of patent information services.  
(2)  The patent information services referred to in subsection (1) shall consist of  the 
making available in the manner prescribed for use by the public and on payment of 
prescribed fees, if any, of patent and relevant non -patent literature, including all domestic 
patent documents and such foreign patent documents as are available.  
(3)  The Registrar shall have authority to use the seal of CIPO in discharging his duties 
under this Act and documents bearing the impression of such seal shall be judicially 
noticed and admissible in evidence.  
4.   Annual list of patents  
The Registrar shall cau se to be published in the month of January in each year in the 
Official Journal a list of all patents granted during the preceding year.  
5.   Power to issue duplicate patents  
If satisfactory evidence that a patent is lost or destroyed is provided to the Re gistrar he 
may cause a duplicate of the patent to be sealed.  
6.   Appointment of examiners  
The Minister may appoint or designate examiners, as necessary to perform the 
functions required by this Act.  
7.   Restrictions on officers of CIPO  
(1)  An applicatio n for a patent may not be filed by, a patent may not be granted to, 
and rights relating to patents may not be held by officers or persons employed by CIPO.  
(2)  An officer of or person employed in CIPO shall not buy, sell or trade in a patent, 
whether gran ted in Saint Vincent and the Grenadines or elsewhere.  
(3)  An officer of or person employed by CIPO shall not, during his period of 
employment or thereafter, communicate information obtained in the course of 
employment to a person not entitled to the infor mation or make use of the info rmation for 
personal gain.  
(4)  An officer of or person employed by CIPO who contravenes subsection (2) or (3) 
commits an offence and is liable on summary conviction to a fine not exceeding five 
thousand dollars or to imprison ment for a term not exceeding six months.  
8.   Exercise of discretionary power by Registrar  
Where discretionary power is given to the Registrar by virtue of this Act, he shall not 
exercise that power adversely to any party in proceedings before him without  giving that 
party an opportunity of being heard in relation to the exercise of that power.  
PART III  
Register of Patents and Official Records  
9.   Register of Patents  
(1)  The Registrar shall keep and cause to be maintained at CIPO a register in which 
shall be recorded particulars of —  (a) patents that are in force, including the full name and address of the inventor 
and the date on which the patent is sealed;  
 (b) any assignments, transmissions or other operation of law by which a person 
becomes entitled t o a patent or licence;  
 (c) all matters that are required by this Act to be entered in the register;  
 (d) any other matter affecting the validity of proprietorship of a patent.  
(2)  All particulars entered in the registers maintained under the former Acts shall be 
taken to have been so entered at the commencement of this Act.  
(3)  A person may, upon payment of the prescribed fee, if any, inspect the register.  
(4)  The register may be kept in whole or in part by using a computer.  
(5)  Any record of a particu lar or other matter made by using a computer for the 
purpose of keeping the register is taken to be an entry in the register.  
10.   Power to correct clerical errors  
The Registrar may, pursuant to a written request of the applicant or registered propri etor, 
as the case may be, and upon payment of the prescribed fee, if any — 
 (a) correct any clerical error in, or in connection with, an application for a pa tent; 
 (b) correct any clerical error in the name, style or address of the registered 
proprietor of a pat ent. 
11.   Rectification of register  
The Court may, on the application of a person aggrieved, order the register to be 
rectified by the making, variation or deletion of any entry in it.  
12.   Evidence of official records  
(1)  The register shall be prima fa cie evidence of all matters duly entered therein.  
(2)  A copy of, or an extract from, the register that is certified by the Registrar to be a 
true record or extract is admissible in any proceedings as if it were the original.  
(3)  If the register or a part  of the register is kept by using a computer, a document 
certified by the Registrar as reproducing in writing a computer record of all or any of the 
particulars comprised in the register or in any part of the re gister shall be admissible in 
any proceedings  as evidence of those particulars.  
(4)  A certificate signed by the Registrar and stating that — 
 (a) any thing required or permitted to be done by this Act or the former Acts 
were done or not done on, or had been done or not been done by a specified 
date;  
 (b) any thing prohibited by this Act or the former Acts was done or not done on, 
or had been done or not been done by, a specified date; or  
 (c) a document was available for public inspection at CIPO on a spec ified date 
or during a specified period,  
shall  be prima facie  evidence of the matters so stated.  
PART IV  
Patentability  13.   Patentable inventions  
(1)  Subject to subsection (2), a patent may be granted only for an invention which 
satisfies the following conditions — 
 (a) the invention is new;  
 (b) the invention involves an inventive step; and  
 (c) the invention is capable of industrial application,  
and references in this Act to a patentable invention shall be construed accor dingly.  
(2)  For the purposes of this Act the following are excluded from paten t protection — 
 (a) a discovery, scientific theory or mathematical method;  
 (b) a literary, dramatic, musical or artistic work or any other aesthetic creation 
whats oever;  
 (c) a scheme, rule or method for performing a mental act, playing a game or 
doing bus iness;  
 (d) diagnostic, therapeutic and surgical methods for the treatment of humans or 
animals; and  
 (e) the presentation of information;  
 (f) an invention, the commercial exploitation of which would be co ntrary to 
public order or morality;  
 (g) an invent ion which is prejudicial to human, animal or plant life, to health or 
to the environment; or  
 (h) any plant or animal variety or any biological process for the gener ation of 
plants or animals, not being a microbiological process or the product of such 
a process. 
(3)  For the purposes of subsection (2)( f) the commercial exploitation of an invention 
shall not be regarded as contrary to public order or morality solely on the ground that it is 
prohibited by any law in force in Saint Vincent and the Grenadines.  
(4)  The Minister may by order vary the provisions of subsection (2) for the purpose of 
maintaining them in conformity with developments in science and technology.  
14.   Novelty  
(1)  An invention shall be taken to be new if it does not form part of the sta te of the 
art. 
(2)  The state of the art in the case of an invention shall be taken to comprise 
everything disclosed about the invention to the public whether in Saint Vincent and the 
Grenadines or elsewhere, by written or oral disclosure or any other mean s prior to the 
date of filing of the application claiming the invention.  
(3)  For the purposes of subsection (2), the disclosure of matter claimed to constitute 
an invention shall be disregarded if the disclosure occurred within the twelve months 
immediate ly preceding the date of filing the application for the patent and the disclosure 
was due to, or made in consequence of — 
 (a) acts committed by the applicant or his predecessor in title;  
 (b) an abuse committed by a third party with regard to the applicant  or his 
predecessor in title.  
(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 composition 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 that method does not form part of the state of the 
art. 
15.   Inventive step  
An inventi on shall be taken to involve an inventive step if it is not obvious to a person 
having ordinary skill in the art, having regard to any matter which forms part of the state 
of the art within the meaning of section 14(2).  
16.   Industrial application  
An inve ntion shall be taken to be capable of industrial application if, accor ding to its 
nature, it can be made or used in any kind of industry including agr iculture, fishery and 
hand icraft.  
17.   Nature of invention  
The subject matter of an invention may be a pr oduct or process.  
PART V  
Patent Rights and Ownership  
18.   Who may apply for a patent  
Any person may make an application for a patent either alone or jointly with another.  
19.   Right to obtain patent  
(1)  A patent for an invention may be granted — 
 (a) to the inventor or joint inventors; or  
 (b) to the successor or successors in the title of any person or persons mentioned 
in par agraph ( a), 
and to no other person.  
(2)  Subject to section 20, a person who makes an application for a patent shall be 
taken to b e the person who is entitled under subsection (1) to be granted a patent and two 
or more persons who make such an application jointly shall be taken to be the persons so 
entitled.  
(3)  Where two or more persons have made the same invention independently of  each 
other, the person whose application has the earliest filing date, or if pr iority is claimed, 
the earliest validly claimed priority date, shall have the right to the patent as long as the 
said application is not withdrawn, abandoned or r ejected.  
20.   Invention made by employee or person commissioned  
(1)  In the absence of any provision to the contrary in any contract of e mployment or 
for the execution of work, the right to a patent for an invention made in the performance 
of the contract of employment  or in the execution of the work shall, notwithstanding 
section 19, be deemed to accrue to the employer, or the person who commissioned the 
work, as the case may be.  
(2)  Where an invention referred to in subsection (1) is made, the inventor shall be 
entitled to equitable remuneration which may be fixed by the Court in the absence of 
agreement between the parties.  (3)  Where an employee whose contract of employment does not require him to 
engage in any inventive activity makes, in the field of activities of  his employer, an 
invention using data or means placed at his disposal by his employer, the right to the 
patent for that invention shall be deemed to accrue to the employer, in the absence of any 
provision to the contrary in the contract of employment, and  the employee shall be 
entitled to equitable remuneration which, in the absence of agreement between the 
parties, may be fixed by the Court taking into account the emoluments of the employee, 
the economic value of the invention and any ben efit derived from  it by the employer.  
(4)  For the avoidance of doubt it is hereby declared that when an invention is made by 
an employee whose contract of employment does not require him to engage in inventive 
activity, or is made by an employee in a field of activity di fferent to that of his employer 
and without using information or means put at his disposal by the e mployer, the right to 
the patent for the invention shall accrue to the employee.  
(5)  Any contract of employment to which this section applies that is less be neficial to 
the employee than the provisions of subsections (2), (3) and (4) is void at the instance of 
the employee to the extent of the provisions concerning the right to a patent.  
(6)  This section shall not apply to an invention made before the commenc ement of 
this Act.  
21.   Judicial assignment of patent application or patent  
(1)  Where the essential elements of the invention claimed in a patent applic ation or 
patent have been unlawfully derived from an invention for which the right to the patent 
belon gs to another person, that other person may apply to the Court for an order that the 
patent application or patent be assigned to him.  
(2)  The Court may make an order as it sees fit upon receipt of an application made 
under subsection (1).  
(3)  The Court s hall not entertain an application for the assignment of a patent under 
subsection (1) after the expiry of five years from the date of the grant of the patent, unless 
it is shown that any person registered as a proprietor of the pa tent knew at the time of t he 
grant, that he was not entitled to the patent or in a case of a transferee, knew at the time of 
the transfer of the patent to him that the transferor was not entitled to the patent.  
22.   Mention of inventor  
(1)  The inventor of an invention shall have a right to be mentioned as inve ntor in any 
patent granted for the invention, unless a written declaration of the i nventor addressed to 
the Registrar indicates a wish not to be so mentioned.  
(2)  Any promise or undertaking by the inventor of an invention ma de to any person to 
the effect that a declaration under subsection (1) will be made shall be void.  
23.   Nature of and transactions in patents  
(1)  A patent or application for a patent is personal property (without being a thing in 
action), and any patent or any application for a patent and rights in or under it may be 
transferred, created or granted in accordance with subsections (2) to (6).  
(2)  Subject to section 24(3), a patent or an application for a patent, or any right in it, 
may be assigned or mortg aged.  
(3)  A patent or an application for a patent or right 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.  (4)  Subject to section 24(3), a licence may be granted un der a patent or an application 
for a patent for working the invention which is the subject of the pa tent or the application, 
and— 
 (a) to the extent that the licence so provides, a sub -licence may be granted under 
the licence and any such licence or sub -licence may be assigned or 
mortgaged; and  
 (b) any such licence or sublicence shall vest by operation of law in the same 
way as any other personal property and may be vested by an assent of 
personal repr esentatives.  
(5)  A transaction which is — 
 (a) an assig nment or mortgage of a patent or an application for a patent, or a 
right in a patent or an application;  
 (b) an assent relating to a patent or an application for a patent or right therein,  
shall be void unless it is in writing and is signed by or on behalf  of the parties to the 
transaction, in the case of an assent or other transaction by a personal repr esentative, by 
or on behalf of the personal representative, or in the case of a body corporate is so signed 
or is under the seal of that body.  
(6)  An assig nment of a patent or an application for a patent or a share in it, and an 
exclusive licence granted under a patent or an application, may confer on the assignee or 
licensee the right of the assignor or licensor to bring proceedings under section 53 for a 
previous infringement.  
24.   Co-ownership of patents and applications for patents  
(1)  Where a patent is granted to two or more persons jointly, each of them shall, 
subject to any agreement to the contrary, be entitled to an equal undivided share in the 
patent. 
(2)  Subject to the provisions of this section, where two or more persons are 
propri etors of a patent, then, subject to any agreement for the time being in force, each of 
those persons shall not be separately entitled, by himself or his agents, in res pect of the 
invention co ncerned, for his own benefit and without accounting to the other or others 
to— 
 (a) exploit or dispose of the patented invention;  
 (b) grant a licence, assign or mortgage the whole or any part of his interest in the 
patent; or  
 (c) take any step or institute any proceedings relating to the patent:  
Provided that he may without recourse to any other joint proprietor of a patent, pay 
any annual fee which is payable.  
(3)  Subject to the provisions of this section, where two or more perso ns are 
propri etors of a patent, anyone else may supply one of those persons with the means, 
relating to an e ssential element of the invention, for putting the invention into effect, and 
the supply of those means by virtue of this subsection shall not amoun t to an infringement 
of the pa tent. 
(4)  Where a patented invention is disposed of by any of two or more proprietors to 
any person, that person and any other person claiming through him shall be entitled to 
deal with the invention in the same way as if it had been disposed of by a sole registered 
proprietor.  
(5)  Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of 
trustees or of the personal representatives of a deceased person, or their rights or 
oblig ations as trustees or per sonal representatives.  (6)  Subsections (1) to (5) shall have effect in relation to an application for a patent 
which is filed as they have effect in relation to a patent and — 
 (a) references to a patent and a patent being granted shall accordingly include  
references respectively to an such application and to the application being 
filed; and  
 (b) the reference in subsection (4) to a patented invention shall be construed 
accordingly.  
25.   Rights of owner of patent  
(1)  Subject to the provisions of this sect ion and sections 26 to 29, the owner of a 
patent shall have the following exclusive rights in relation to the patent — 
 (a) to exploit the patented invention;  
 (b) to assign or transmit the patent;  
 (c) to conclude licence contracts.  
(2)  The owner of the p atent shall have the right, subject to sections 28, 49, 51 and 61 
to take action against any person exploiting the patented invention in Saint Vincent and 
the Grenadines without his agreement.  
(3)  For the purposes of this Part, “to exploit”  or “exploiting ” a patented invention 
includes any of the following acts in relation to the patent — 
 (a) when the patent has been granted in respect of a product — 
 (i) making, importing, offering for sale, selling or using the product,  
 (ii) stocking such product for the  purposes of offering for sale, selling or 
using;  
 (b) when the patent has been granted in respect of a process — 
 (i) using the process,  
 (ii) doing any of the acts referred to in paragraph ( a), in respect of a 
product obtained directly by means of the pro cess.  
26.   Prevention of indirect use of invention  
(1)  A patent shall confer on its proprietor while in force the right to prevent all 
persons not having his consent from supplying or offering to supply a person in Saint 
Vincent and the Grenadines, other  than a person entitled to engage in commercial 
working of the pa tented invention, with means relating to an essential element of that 
invention, for putting it into effect therein, provided that that person knows, or in the 
circumstances ought to have kno wn that those means are intended to put that invention 
into effect.  
(2)  Subsection (1) shall not apply when the means referred to therein are staple 
commercial products, except when the person induces the person supplied to commit acts 
which the proprieto r of the patent is entitled to prevent by virtue of section 25.  
27.   Limitation of effect of patent  
(1)  The rights conferred by a patent shall not extend to — 
 (a) acts done privately and for non -commercial purposes;  
 (b) acts done for experimental purpos es relating to the subject matter of the 
relevant pa tented invention;   (c) the extemporaneous preparation for individual cases in a pharmacy of a 
medicine in accordance with a medical prescription or acts concerning the 
medicine so prepared; and  
 (d) the u se of articles on aircraft, land vehicles or vessels of other countries 
which temporarily or accidentally enter the airspace, the territory or 
territorial waters of Saint Vi ncent and the Grenadines.  
(2)  Persons performing acts referred to in subsection (1 ) shall not be considered to be 
persons entitled to engage in commercial working of the invention for the purposes of 
section 26(1).  
28.   Regional exhaustion of rights  
The rights conferred by a patent shall not extend to acts in respect of articles which 
have been put on the market in the Caribbean Community by the owner of the patent or 
with his consent.  
29.   Extent of protection  
The extent of the protection conferred by a patent shall be determined by the terms of 
the claim, and, the description and dra wings relating thereto shall be used to interpret the 
claims.  
PART VI  
Making, Examination and Determination of Applications for Patents  
30.   Making of application  
(1)  An application for a patent shall be filed with the Registrar in the prescribed form 
and accompanied by the prescribed fee.  
(2)  An application for a patent shall contain — 
 (a) a request for the grant of a patent;  
 (b) a description of the invention;  
 (c) one or more claims;  
 (d) one or more drawings where required;  
 (e) an abstract; and  
 (f) where the applicant is not the sole inventor or the applicants are not the joint 
inventors, a statement justifying his or their right to be granted the patent.  
(3)  The request shall contain — 
 (a) a petition that the patent be granted;  
 (b) the name of a nd other prescribed information relating to the applicant, the 
inventor, and agent, if any;  
 (c) the title of the invention; and  
 (d) an address within Saint Vincent and the Grenadines for service where the 
applicant’s ordinary residence or principal place  of business is not in Saint 
Vincent and the Gren adines.  
(4)  The description shall disclose the invention in a manner which is sufficiently clear 
and complete for the invention to be performed by a person skilled in the art and shall 
indicate at least one  mode known to the applicant for performing the invention.  (5)  The claim or claims shall — 
 (a) define the matter for which the applicant seeks protection;  
 (b) be clear and concise; and  
 (c) be supported by the description.  
(6)  The purpose of the abstrac t is to give technical information and upon publication 
it shall not form part of the state of the art by virtue of section 14(2), and the Registrar 
may d etermine whether the abstract adequately fulfils its purpose and, if it does not, may 
reframe it so th at it does.  
(7)  An application for a patent shall relate to one invention only or to a group of 
inventions so linked so as to form a single general inventive concept.  
31.   Divisional applications  
(1)  The applicant may, at any time before a patent is gra nted, divide the application 
into two or more applications (referred to in this section as “divisional applications”), 
provided that each divisional application shall not include any matter which was not 
disclosed in the initial application as filed.  
(2)  Each divisional application shall be accorded the filing date, and where 
applic able, the priority date, of the initial application which it replaces and separate fees 
shall be paid for each divisional application.  
(3)  The fact that a patent has been grant ed on an application that did not comply with 
the requirement of unity of invention under section 30(7) shall not be a ground for the 
invalid ation of the patent.  
32.   Filing date of application  
(1)  The date of filing an application for a patent shall, su bject to the provisions of this 
Act, be the earliest date on which the following conditions are satisfied in relation to the 
application — 
 (a) the documents filed contain an express or implied indication that a patent is 
sought in pursuance of the applicat ion; 
 (b) the documents filed identify the applicant or applicants;  
 (c) the documents filed contain a description of the invention for which a pa tent 
is sought whether or not the description complies with the other prov isions 
of this Act and any relevant rules.  
(2)  If the Registrar finds that the application does not comply with subsection (1), he 
shall invite the applicant to file the required correction and shall accord as the filing date 
the date of receipt of the required correction, but if no correct ion is made, the application 
shall be treated as if it had not been filed.  
(3)  Where the application refers to drawings which in fact are not included in the 
application, the Registrar shall invite the applicant to furnish the missing drawings, and — 
 (a) if the applicant complies, the Registrar shall accord as the filing date the date 
of receipt of the missing drawings; or  
 (b) if the applicant does not comply the Registrar shall accord as the filing date 
the date of receipt of the application and shall tr eat any reference to the said 
drawings as non -existent.  
33.   Priority date  
(1)  For the purposes of this Act the priority date of an invention to which an 
applic ation for a patent relates and also of any matter (whether or not the same as the invention) c ontained in any such application is, except as provided by the provisions of 
this Act, the date of filing the application.  
(2)  A patent application may contain a declaration claiming priority of one or more 
earlier applications filed by the applicant or h is predecessor in title in a country that is a 
party to the Paris Convention.  
(3)  Where the application contains a declaration under subsection (2), the Registrar 
may require that the applicant furnish within the prescribed time a copy of the earlier 
application certified as correct by the office with which it was filed, or where the earlier 
application is an international application filed under the Patent Co -operation Treaty, by 
the o ffice with which the international application was filed.  
(4)  If in or  in connection with an application for a patent a declaration is made, 
whether by the applicant or any predecessor in title of his, complying with the relevant 
requir ements of rules and specifying one or more earlier relevant applications for the 
purposes of this section made by the applicant or a predecessor in title of his and each 
having a date of filing during the period of twelve months immediately preceding the date 
of filing the a pplication in suit, then — 
 (a) if an invention to which the application  relates is supported by matter 
disclosed in the earlier relevant application or applications, the priority date 
of that inve ntion shall instead of being the date of filing the application, be 
the date of filing the relevant application in which that matte r was disclosed 
or, if it was disclosed in more than one relevant application, the earliest of 
them; and  
 (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 di sclosed or, 
if it was disclosed in more than one relevant application, the ea rliest of them.  
(5)  Where the earlier application is not in English, the Registrar may require a 
translation thereof in English verified by the translator that the translation is, to the best of 
his know ledge, complete and faithful.  
(6)  Where any of the requirements of this section or any rules relating thereto have 
not been complied with, the declara tion referred to in subsection (2) shall be deemed to 
be invalid.  
34.   Information on corresponding foreign applications  
(1)  The applicant shall, at the request of the Registrar, furnish the Registrar with the 
date and number of any other application for  a patent or other title of protection made in 
an industrial or intellectual property office of any other country, or within a regional 
industrial or intellectual property office, (in this section referred to as “the foreign 
application”) relating to the s ame or essentially the same invention as that claimed in the 
application filed with the Registrar.  
(2)  The applicant shall upon the request of the Registrar furnish the Registrar with the 
following documents relating to any of the foreign applications ref erred to in 
subse ction (1)— 
 (a) a copy of any communication received by the applicant concerning the result 
of any search or examination carried out in respect of the foreign 
applic ation; 
 (b) a copy of the patent or other title of protection granted on t he basis of the 
foreign a pplication;  
 (c) a copy of any final decision rejecting the foreign application or refusing the 
grant r equested in the foreign application;   (d) a copy of any final decision invalidating the patent or other title of prote ction 
granted on the basis of the foreign application referred to in subse ction (2). 
(3)  Documents furnished pursuant to this section — 
 (a) shall, if not in English, be accompanied by a translation thereof in English, 
verified by the translator that the translation  is to the best of his knowledge 
complete and fait hful; and  
 (b) may be used only for facilitating the evaluation of the novelty and inve ntive 
step of the invention for which the patent application is made.  
(4)  The applicant for a patent may submit commen ts on any documents furnished by 
him under subsections (1) and (2).  
35.   Disclosure of matter between earlier and later applications  
It is hereby declared for the avoidance of doubt that where an application (the 
applic ation in suit) is made for a patent and a declaration is made in accordance with 
section  33(2) in or in connection with that application specifying an earlier relevant 
applic ation, the application in suit and any patent granted in pursuance of it shall not be 
invalidated by reason only of th e fact that any subject matter disclosed in the earlier 
application was made available to the public at any time after the date of filing of the said 
earlier applic ation. 
36.   Conversion of patent application  
(1)  An applicant for a patent may at any time  before the grant or refusal of a patent, 
upon payment of the prescribed fee, convert the application into an application for a 
utility ce rtificate.  
(2)  A person may not convert an application under subsection (1) more than once.  
37.   Examination as to f orm 
(1)  Where an application for a patent has a date of filing and is not withdrawn upon 
the payment by the applicant of the prescribed fee, the Registrar shall conduct a 
formalities e xamination.  
(2)  In the conduct of the formalities examination the Regi strar shall determine 
whether the application complies with the provisions of this Act and rules made 
thereunder relating to such examination and shall make a report on the application.  
(3)  If the Registrar determines that all the formal requirements have  not been 
complied with, he shall give the applicant an opportunity to make observations on the 
report and to amend the application within a specified period so as to comply with those 
requirements under section 40, and if the applicant fails to do so the Registrar may refuse 
the applic ation. 
(4)  If the Registrar refuses the application under subsection (3), he shall inform the 
applicant in writing of his decision and the reasons for the decision.  
38.   Substantive examination  
(1)  Where the Registrar is o f the opinion that the application complies with the 
requirements referred to in section 37 he shall, upon payment by the applicant of the 
prescribed fee, cause the application to be examined as to whether there has been 
compl iance with the requirements of  sections 13 to 17 and 30(4) and (5) and rules relating 
thereto.  
(2)  For the purposes of the examination under this Act the Registrar may transmit the 
application to a duly authorised authority or person with which or with whom an arrangement to that effe ct has been made and shall provide to that authority or person 
remuneration as may be agreed upon.  
39.   Refusal or grant of patent  
(1)  If the Registrar determines that any of the requirements of this Act or the rules 
made thereunder are not complied with , he shall inform the applicant of this and shall 
give him an opportunity within a specified period to make observations on the 
determin ation and subject to section 40(2) to amend the application so as to comply with 
those requirements, and if the applican t fails either to satisfy the Registrar that the said 
requirements are complied with, or to amend the application so as to comply with them, 
the Registrar shall refuse the application.  
(2)  Where two or more patent applications for the same invention, havi ng the same 
date of filing or the same date of priority, are filed by the same applicant or his successor 
in title, the Registrar may on that ground refuse to grant a patent in pursuance of more 
than one of the applications.  
(3)  If the Registrar refuses u nder subsection (1) or (2), he shall inform the applicant in 
writing of his decision and the reasons for his decision.  
(4)  If the Registrar determines that the application, whether as originally filed or as 
amended in pursuance of section 37(3), this sect ion or section 40, complies with the 
requirements of this Act and the relevant rules made thereunder, he shall notify the 
applicant of that fact and on payment of the prescribed fee within the prescribed period, 
grant him a patent, and if the said fee is n ot paid, the application shall be deemed to be 
withdrawn.  
40.   Amendment of application before grant  
(1)  At any time before a patent is granted under this Act, the applicant may, in 
accordance with the prescribed conditions and subject to subsection (2),  amend the 
application of his own volition.  
(2)  An amendment of an application shall not be allowed under sections 37(3) 
and 39(1) or this section if it results in the application disclosing matter extending beyond 
that di sclosed in the application as fil ed. 
(3)  The Registrar shall, upon the request of the owner of the patent, make changes in 
the text of drawings of the patent in order to limit the extent of the protection conferred 
thereby, provided that the change would not result in the disclosure cont ained in the 
patent going beyond the disclosure contained in the initial application on the basis of 
which the patent was granted.  
41.   Withdrawal of application  
At any time before a patent is granted under this Act, the applicant may, in the 
prescribed m anner, withdraw his application and any such withdrawal may not be 
revoked.  
42.   Time limit for determination  
The Registrar shall, whenever possible, reach a final decision on the application not 
later than two years after the commencement of the examinat ion referred to in section 38.  
43.   Notification and publication of grant of patent  
The Registrar shall as soon as practicable after a patent has been granted under se ction 
39(4) —  (a) publish in the Official Journal a notice of the grant, particulars of the patent 
and any other information that appears to him to be useful or important;  
 (b) after he publishes a notice under paragraph ( a) issue a sealed patent in the 
prescribed form to the applicant therefor.  
44.   Term of patent  
A patent granted under thi s Act shall take effect on the date on which notice of its 
grant is published in the Official Journal and, subject to this Act, shall continue in force 
until the end of the period of twenty years beginning with the date of filing the 
applic ation for the pa tent. 
PART VII  
Maintenance, Surrender and Transmission of Rights and Inte rests 
45.   Maintenance fees  
(1)  In order to maintain the patent or patent application, an annual maintenance fee 
shall be paid in advance to the Registrar for each year, starting on e year after the date of 
filing the application for grant of the patent, and where that fee is not paid in accordance 
with this subsection the patent shall lapse or the application shall be deemed to have been 
withdrawn.  
(2)  A grace period of six months s hall be allowed for the late payment of the annual 
maintenance fee on payment of the prescribed surcharge.  
(3)  If a patent ceases to have effect under subsection (1), the lapse of the patent shall 
be entered in the Register and published in the Official J ournal.  
46.   Surrender of patent or claim  
(1)  The proprietor of a patent may at any time by notice given to the Registrar in the 
prescribed manner offer to surrender his patent or one or more claims contained in his 
patent. 
(2)  Where an offer is made un der this section, the Registrar shall advertise the offer in 
the prescribed manner and any person interested may, within the prescribed period 
commencing on the date of the publication of the advertisement, give notice to the 
Regi strar of his opposition to  the proposed surrender.  
(3)  Where notice of opposition is duly given under this section the Register shall 
notify the proprietor of the patent and determine the question.  
(4)  If the Registrar is satisfied that the patent or any claim or claims contained  in the 
patent may properly be surrendered, he may accept the offer and record his acceptance in 
the register and shall, as soon as practicable, publish notice of his acceptance in the 
Official Journal . 
(5)  From the date when notice of acceptance is publi shed under subsection (4), the 
patent, claim or claims shall cease to have effect, but no action for infringement shall lie 
in respect of any act done before that date and no right to compensation shall accrue for 
any use of the patented invention before t hat date for purposes of the Crown.  
(6)  Where a patent has been granted to two or more persons, a notice in accordance 
with subsection (1) shall be signed by each of those persons.  
47.   Transmission of rights and interests  (1)  Any person who claims to h ave acquired the property in a patent or application for 
a patent by virtue of any transaction 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 to whic h this section applies if, at the time of the later transaction — 
 (a) the earlier transaction was not registered; or  
 (b) in the case of any application, notice of the earlier transaction had not been 
given to the Registrar; and  
 (c) in any case, the perso n claiming under the later transaction did not know of 
the earlier transaction.  
(2)  Subsection (1) shall apply equally to the case where any person claims to have 
acquired any right in or under a patent or application for a patent by virtue of a 
transa ction to which this section applies, and that right is incompatible with any such 
right a cquired by virtue of an earlier transaction to which this section applies.  
(3)  This section applies to the following transactions — 
 (a) the assignment of a patent or app lication for a patent or a right in it;  
 (b) the mortgage of a patent or application for a patent or the granting of 
security over it;  
 (c) the grant, assignment of a licence or sub -licence, or mortgage of a licence or 
sublicence, under a patent or applica tion for a patent;  
 (d) the death of the proprietor or one of the proprietors of any patent or 
application for a patent, or of any person having a right in or under a patent 
or application for a patent and the vesting of any such right in or under a 
patent  or by an assent of the personal representative of application for a 
patent; and  
 (e) any order or directions of a Court or other competent authority — 
 (i) transferring a patent or application or any right in or under it to any 
person, or  
 (ii) that an app lication should proceed in the name of any person,  
and in either case the event by virtue of which the 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 has been  made, but the 
transaction has not been registered, registration of the application shall, for the purposes 
of subsection (1)( a), be treated as registration of the transaction.  
(5)  For purpose of this section, “transaction” includes an instrument and an e vent.  
PART VIII  
Voluntary and Non -Voluntary Licences  
48.   Voluntary licences  
(1)  Subject to section 24, a proprietor of an application for a patent or patent may 
grant a licence in respect of the relevant invention.  
(2)  A licence contract — 
 (a) shall be  in writing;  
 (b) shall be recorded in the register on payment of the prescribed fee;   (c) shall by notice be published in the Official Journal  where it is recorded 
pursuant to paragraph ( b); 
 (d) shall have no effect against a third party if it is not rec orded pursuant to 
paragraph ( b), unless the Court decides otherwise.  
(3)  In the absence of any provision to the contrary in the terms of a licence contract, a 
licensee may not extent to another person the authorisation conferred on him by the 
proprietor i n accordance with subsection (1), nor may he assign or mortgage his licence.  
(4)  In the absence of any provision to the contrary in the terms of a licence contract, 
the proprietor may continue to enjoy the rights conferred on him by sections 25 and 26.  
(5)  To the extent that the licence has been granted as an exclusive licence, the 
proprietor may not grant a licence in respect of the invention to a third person and may 
not himself do any of the acts referred to in sections 25 and 26.  
(6)  If before the ex piration of the licence contract, any of the following circumstances 
occur with respect to an application for a patent or patent, which is the subject of that 
contract— 
 (a) the application for the patent is withdrawn or is deemed to be withdrawn;  
 (b) the application for the patent is treated as if it had not been filed;  
 (c) the grant of a patent is refused; or  
 (d) the patent is revoked,  
the licensee shall, from the date of the event, be no longer bound to make any payment 
directly relating to that paten t application or patent.  
(7)  In any of the circumstances referred to in subsection (6), the licensee shall have 
the right to repayment of the payments already made and directly relating to the patent 
applic ation or patent in question, provided he has not,  or practically has not, benefited, 
from the licence.  
49.   Non-voluntary licences  
(1)  At any time after the expiration of three years from the date of the grant of a 
patent under this Act or four years from the date of the filing of the application for t he 
patent, whic hever is later, any interested person may apply to the Court for the grant of a 
non-voluntary licence under the patent on any of the following grounds — 
 (a) that a market for the patented invention is not being supplied; or  
 (b) that a marke t for the patented invention is not being supplied on reasonable 
terms in Saint Vincent and the Grenadines.  
(2)  Subject to subsections (4), (5), (6) and (7), if the Court is satisfied that either of 
the grounds referred to in subsection (1) is established , the Court may make an order for 
the grant of the licence in accordance with the application on such terms as the Court 
thinks fit.  
(3)  A licence granted under this section — 
 (a) is not exclusive;  
 (b) shall not be assigned otherwise than in connection w ith the goodwill of the 
business in which the patented invention is used; and  
 (c) is limited to the supply of the patented invention predominantly in Saint 
Vincent and the Grenadines.  
(4)  Where the Court is satisfied that the grounds on which any licence  granted under 
this section have ceased to exist, it may, on the application of any interested party, 
terminate the licence.  (5)  Any person to whom a licence is granted under this section shall pay such 
remuneration to the patentee as may be agreed or as may be determined by a method 
agreed upon b etween that person and the patentee, or in default of agreement, as is 
determined by the Court on the application of either party.  
(6)  A licence shall not be granted under this section unless the person applying for the 
licence, having taken all reasonable steps to do so, has been unable to obtain a l icence, or 
to obtain a licence on reasonable terms from the patentee.  
(7)  A licence shall not be granted under this section in respect of a patent relating to 
an int egrated circuit.  
50.   Exercise of powers on applications under section 49  
The powers of the Court on an application under section 49 shall be exercised with a 
view to securing that the inventor or other person beneficially entitled to a patent shall 
recei ve reasonable remuneration having regard to the economic value of the licence.  
51.   Use of patented invention for services of the Crown  
(1)  Where the public interest so requires, or where the Minister decides that the 
manner of exploitation by the owner of a patent or his licensee is anti -competitive, then 
subject to subsection (2) the Minister may authorise a Crown agency or any person in 
writing, to make, use, exercise or vend the patented invention for the services of the 
Crown subject to the payment o f adequate compensation to the owner thereof, taking into 
account the economic value of the exploitation, and anything done by virtue of this 
subsection shall not amount to an infringement of the patent.  
(2)  Before issuing his authorisation under subsecti on (1), the Minister shall hear the 
owner of the patent and any other interested party who may wish to be heard.  
(3)  Subsection (2) does not apply in the case of a national emergency.  
(4)  The Minister may upon the request of any of the parties, vary the terms of the 
authorisation.  
(5)  (a)  Upon the request of the owner of the patent, the Minister shall terminate the 
authorisation if he is satisfied that the circumstances which led to his decision have 
ceased to e xist and are unlikely to recur, or that th e Crown agency or person authorised 
by him has failed to comply with the terms for the authoris ation. 
(b)  Notwithstanding paragraph ( a), the Minister shall not terminate the 
author isation if he is satisfied that the need for adequate protection of the leg itimate 
interests of the Crown agency or the person authorised by him justifies maintaining the 
decision.  
(6)  An authorisation granted to a person other than a Crown agency shall be subject to 
the conditions prescribed by section 49(3).  
(7)  (a)  Before a n authorisation is granted under subsection (1), the Minister must be 
satisfied that the proposed user has made efforts to obtain a licence from the patentee on 
reasonable commercial terms and conditions within a reaso nable time, but has failed to do 
so. 
(b)  Paragraph (a) shall not apply in cases of national emergency or other 
circumstances of extreme urgency, provided however, that in such cases the owner of the 
patent shall be notified of the Minister’s decision as soon as is reasonably practicable.  
(8)  A decision of the Minister under subsection (1), (4) or (5) shall be subject to 
judicial review at the instance of the owner of the patent or any other interested party.  
PART IX  Infringement  
52.   Infringement  
Subject to the provisions of sections 27, 28,  29, 49 and 51, the performance of any of 
the acts referred to in sections 25 and 26 in relation to a patent while it is in force, without 
the a uthorisation of the proprietor of the patent, shall constitute an infringement of the 
patent.  
53.   Proceedings for infringement  
(1)  Subject to the provisions of this Part, civil proceedings may be brought in the 
Court by the proprietor of a patent in respect of an 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 respondent from any act of infringement;  
 (b) for an order for him to deliver up or destroy any product in relation to which 
the patent is infringed or any article in which that product is inextr icably 
comprised;  
 (c) for damages in respect of the infringement;  
 (d) for an account of the profits derived by him from the infringement;  
 (e) for a declaration that the patent is valid and has been infringed by him.  
(2)  The Court shall  not in respect of the same infringement award the proprietor of a 
patent both damages and an order that he shall be given an account of the profits.  
(3)  If the invention for which a patent is granted is a process for obtaining a new 
product, the same pro duct produced by a person other than the proprietor of the patent or 
a lice nsee of his shall, unless the contrary is proved, be taken in any proceedings to have 
been obtained by that process.  
(4)  In considering whether a respondent has discharged the burd en imposed upon him 
by subsection (3), the Court shall take into account the legitimate interests of the 
respo ndent in protecting his manufacturing or business secrets.  
54.   Restrictions on recovery of damages for infringement  
(1)  In proceedings for infr ingement of a patent damages shall not be awarded and an 
order shall not be made for an account of profits, against a respondent who proves that at 
the date of the infringement he was not aware, and had no reasonable grounds for 
suppo sing that the patent e xisted.  
(2)  For the purposes of subsection (1) a person shall not be taken to have been aware 
or have reasonable grounds for supposing that the patent existed by reason only of the 
application to a product of the word “patent” or “patented”, or any word o r words 
expressing or implying that a patent has been obtained for the product, unless the number 
of the patent accompanied the word or words in que stion. 
(3)  Where an amendment of the description, claims or any drawing contained in an 
application for a p atent has been allowed under any of the provisions of this Act, no 
damages shall be awarded in proceedings for an infringement of the patent committed 
before the decision to allow the amendment unless the Court is satisfied that the 
description, claims or any drawing contained in an application for the patent was framed 
in good faith and with reasonable skill and knowledge.  
55.   Relief for infringement of partially valid patent  (1)  If the validity of a patent is put in issue in proceedings for infringemen t of the 
patent and it is found that the patent is only partially valid, the Court may, subject to 
subse ction (2), grant relief in respect of that part of the patent which is found to be valid 
and i nfringed.  
(2)  Where in any such proceedings it is found t hat a patent is only partially valid, the 
Court shall not grant relief by way of damages, costs or expenses, except where the 
claimant proves that the description for the patent was framed in good faith and with 
reasonable skill and knowledge and, in that event, the Court may grant relief in respect of 
that part of the patent which is valid and infringed, subject to the discretion of the Court 
as to costs or expenses and as to the date from which damages should be reckoned.  
(3)  As a condition of relief und er this section the Court may direct that the descri ption 
of the patent be amended to its satisfaction upon an application made for that pu rpose 
under section 66, and an application may be so made accordingly, whether or not all other 
issues in the proceed ings have been determined.  
56.   Certificate of contested validity of patent  
(1)  If in any proceedings before the Court the validity of a patent to any extent is 
contested and the patent is found by the Court to be wholly or partially valid, the Court 
may certify the finding and the fact that the validity of the patent was so contested.  
(2)  Where a certificate is granted under this section, then, if in any subsequent 
proceedings before the Court for infringement of the patent concerned 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 otherwise d irects, be entitled to his costs or expenses as between  barrister -at-law 
and client (other than the costs of expenses of any appeal in the subsequent proceedings).  
57.   Proceedings for infringement by exclusive licensee  
(1)  Subject to the provisions of 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 an infringement of the patent committed after the date of the licence; and 
references to the proprietor of the patent in this Act relating to infringement shall be 
construed accordingly.  
(2)  In awarding damages or granting any other relief in any such proceedings the 
Court shall take into consideration any loss suffered or likely to be suffered by the 
exclusive lice nsee 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.  
58.   Effect of non -registration on infringement proceedings  
Where by virtue of a transaction, to which section  47 applies, a person becomes the 
proprietor, one of the proprietors or an exclusive licensee of a patent and the patent is 
subsequently infringed, the Court shall not award him damages or order that he be given 
an account of the profits in respect of such  subsequent infringement occurring before the 
transaction is registered unless — 
 (a) the transaction is registered within the period of six months beginning with 
its date; or  
 (b) the Court is satisfied that it was not practicable to register the transacti on 
before the end of the period and that it was registered as soon as was 
practicable thereafter.  
59.   Remedy for groundless threats of infringement proceedings  (1)  Where a person (whether or not the proprietor of, or entitled to any right in, a 
patent) by circulars, advertisements or otherwise threatens another person with 
proceedings for an infringement of a patent, a person aggrieved by the threats (whether or 
not he is the person to whom the threats are made) may, subject to subsection (4), bring 
proceedings in Court against the person making the threat, claiming any relief mentioned 
in subse ction (3). 
(2)  In any such proceedings the claimant shall, if he proves that the threats were so 
made and satisfies the Court that he is a person aggrieved by the m, be entitled to the r elief 
claimed unless — 
 (a) the respondent proves that the acts in respect of which proceedings were 
threatened constitute or, if done, would constitute an infringement of a 
patent; and  
 (b) the patent alleged to be infringed is not s hown by the claimant to be invalid 
in a rel evant respect.  
(3)  The said relief is — 
 (a) a declaration to the effect that the threats are unjustifiable;  
 (b) an injunction against the continuance of the threats; and  
 (c) damages in respect of any loss which  the claimant has sustained by the 
threats.  
(4)  Proceedings may not be brought under this section for a threat to bring 
procee dings for an infringement alleged to consist of making or importing a product for 
disposal or of u sing a process.  
(5)  It is here by declared that a mere notification of the existence of a patent does not 
constitute a threat of proceedings within the meaning of this section.  
60.   Power of Court to make declaration as to non -infringement  
(1)  Without prejudice to the Court’s jurisdic tion to make a declaration apart from this 
section, a declaration that an act (that is to say, the use by any person of any process, or 
the making or use or sale by any person of any product) does not, or a proposed act would 
not constitute an infringement  of a patent, may be made by the Court in proceedings 
between 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 that pe rson has applied in writing to the proprietor for a written 
acknowledgment to the effect of the declaration claimed, and has furnished 
him with full pa rticulars in writing of the act in question; and  
 (b) that the proprietor has refused or failed within a reasonable time to give any 
such a cknowledgment.  
(2)  No declaration under subsection (1) shall be made if the act in question is already 
the subject matter of an infringement proceeding.  
61.   Right to continue use begun before date of filing or priority  
(1)  Where a patent is granted for an invention, a person who before the date of filing 
of the application for a patent or, if priority was claimed, before the date of priority, does 
in good faith in Saint Vincent and the Grenadines an act which would cons titute an 
infringement of the patent if it were then in force, or makes in good faith effective and 
serious preparation to do such an act, shall have the rights specified in subsection (2).  
(2)  The rights referred to in subsection (1) shall be the followi ng— 
 (a) to continue to do, or as the case may be, to do that act himself;   (b) if the act was done or preparations had been made to do it in the course of a 
business — 
 (i) to assign the right under paragraph ( a), 
 (ii) to transmit the right under paragrap h (a) to his heirs on his 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 prep arations had been made to do it, or  
 (iii) to authorise the act to be done by any partners of his for the time being 
in that bus iness,  
and the doing of that act by virtue of this subsection shall not amount to an infring ement 
of the patent concerned.  
(3)  The rights specified in subsection (2) shall not include the right to grant a licence 
to any person to do an act referred to in subsection (1).  
(4)  Where a product which is the subject of a patent is disposed of by any person to 
another in exercise of a right conferred by subsection (2), that other and any person 
claiming through him shall be entitled to deal with the product in the same way as if it 
had been disposed of by a sole proprietor of the patent.  
PART X  
Revocation of Patent  
62.   Application for revocation of patent  
(1)  Subject to the provisions of this section  and section 63, any person may apply to 
the Court for revocation of a patent.  
(2)  An application for the revocation of a patent on the ground mentioned in 
section 63(e) may be made only by a person found by the Court pursuant to section 21 to 
be entitled  to be granted that patent or to be granted a patent for the part of the matter 
covered by the patent, or, in case more than one person is found to be entitled, by all 
those pe rsons.  
(3)  An application under this section may be filed even if the patent ha s lapsed.  
63.   Grounds for revocation  
An application for revocation of a patent may be made only on any of the following 
grounds — 
 (a) the subject matter of the patent is not patentable under Part IV;  
 (b) the description of the patent does not disclose t he invention in a manner 
sufficiently clear and complete for it to be carried out by a person skilled in 
the art;  
 (c) the subject matter of the patent extends beyond the content of the patent 
application as filed or, if the patent was granted on a divisio nal application, it 
extends beyond the co ntent of the relevant earlier application as filed;  
 (d) the protection conferred by the patent has been extended by an amendment 
which should not have been allowed;  
 (e) the patent was granted to a person who was n ot entitled thereto under se ction 
19 or 20, as the case may be.  
64.   Examination of application for revocation  (1)  If on an application for revocation of a patent the Court considers that the grounds 
for revocation mentioned in section 63 prejudice the m aintenance of the patent, the Court 
may by order unconditionally revoke the patent and may require the proprietor of the 
patent to advertise the revocation subject to terms as to costs, expenses or otherwise, as 
the Court thinks fit.  
(2)  If on an applicat ion for revocation of a patent the Court considers that the grounds 
for revocation mentioned in section 63 affect the patent only partially, the Court may 
make an order for the revocation of the patent unless within a time specified by the Court 
the releva nt description is amended to the satisfaction of the Court.  
(3)  The proprietor of the patent shall, if required by the Court, furnish to the Court 
such information as may be required in regard to foreign applications filed for protection 
of the invention,  or documents filed with any other national or regional industrial 
property office or in connection with any proceedings relating to an application, a patent 
or other title of prote ction for the same or essentially the same invention.  
PART XI  
Putting Valid ity in Issue  
65.   Circumstances in which validity of patent may be put in issue  
(1)  Subject to the following provisions of this section, the validity of a patent may be 
put in issue before the Court only — 
 (a) by way of defence in proceedings for infring ement under section 53 or 57;  
 (b) in proceedings under section 51, 59, 60 or 62.  
(2)  The validity of a patent may not be put in issue 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 63 or otherwise) are the grounds on which the 
patent may b e revoked under that section.  
(4)  No determination shall be made in any proceedings mentioned in subsection (1) 
on the validity of a patent which any person puts in issue on the ground specified in 
section 63( e) unless — 
 (a) it has been determined, either  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 and not some other person; 
and 
 (b) except it has been so determined in entitlement proceedings, the procee dings 
in which the validity of the patent is in issue are commenced before the end 
of the period of two years beginning with the date of the grant of the patent 
or 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 that he was not 
entitled to the patent.  
(5)  Where the validity of a patent is put in issue by way of defence, the Court shall if 
it thinks just to do so, give the respondent an opportun ity to comply with the condition in 
subsection (4)( a). 
(6)  In subsection (4), “entitlement proceedings” , in relation to a patent, means 
proceedings to determine the question whether a patent was granted to a person not 
entitled to it.  66.   Amendment of p atent in infringement or revocation proceedings  
(1)  Subject to subsection (5), in any proceedings before the Court in which the 
validity of a patent is put in issue the Court may allow the proprietor of the patent to 
amend the pa tent in a manner, and subj ect to terms as to advertising the proposed 
amendment and as to costs, expenses or otherwise, as the Court thinks fit.  
(2)  A person may give notice to the Court of his opposition to an amendment 
proposed by the proprietor of the patent under this section,  and if he does so the Court 
shall notify the proprietor and consider the opposition in deciding whether the 
amendment or any amendment should be allowed.  
(3)  An amendment of a patent under this section shall have effect and be deemed 
always to have had e ffect 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 appear and be heard and shall 
appear if so directed by the Court.  
(5)  An amendment shall not be allowed if it discloses matter which extends beyond 
that disclosed in the description of the granted patent or extends the scope of the 
protection co nferred by the patent.  
PART XII  
Utility Certificates  
67.   Provisions applicable to utility certificates  
(1)  The provisions of this Act relating to patents or to patent applications shall, unless 
otherwise provided under this Part, be applicable to utility certificates or to utility 
certif icate applications, as the case may be.  
(2)  Sections 14, 15, 38, 44, 45(1) and 63( a) shall not apply to utility certificates nor to 
utility certificate applications.  
68.   Qualification of invention for utility certificate  
(1)  A utility certificate may be granted only for an invention which is new and is 
capable of industrial application.  
(2)  An invention for which a utility certificate is requested shall not be considered 
new if it differs from earlier inventions only in minor respects or in details which are 
immat erial to the function or application of the invention.  
69.   Term of utility certificate  
A utility certificate granted under this Act shall take effect on the date on which notice 
of its grant is published in the Official Journal and, subject to this Act, shall co ntinue in 
force until the end  of a period of ten years beginning on the date on which the utility 
certificate application or, where relevant, the patent application was filed and shall not be 
renewed.  
70.   Grounds for revocation  
An application for revocation of a utility certificate may be made only on the 
grounds — 
 (a) that the subject matter of the utility certificate may not be protected by a 
utility certif icate under Part IV and this Part; and   (b) mentioned in section 63( b), (c), (d) or ( e). 
71.   Registration of utility certific ates 
Particulars of utility certificates granted and notice of all matters which are required 
by or under this Act or rules to be registered, shall be registered in a special part of the 
register maintained by the Registrar.  
PART XIII  
International Applica tions under the Patent Co -operation Treaty  
72.   Interpretation  
In this Part — 
 (a) “designated office” ; 
 (b) “elected office” ; 
 (c) “International application” ; 
 (d) “International Bureau” ; and  
 (e) “receiving office” , 
have the same meanings as in the Pate nt Co -operation Treaty.  
73.   Filing date of international application  
(1)  An international application designating Saint Vincent and the Grenadines shall, 
subject to this Part, be treated as an application for a patent filed under this Act having as 
its filing date the international filing date accorded under the Patent Co -operation Treaty.  
(2)  Any international application under the Patent Co -operation Treaty designating 
Saint Vincent and the Grenadines, filed between 6th August, 2002 and the 
commenc ement of this Act, fulfilling the requirements under that treaty and being 
accorded an international filing date, shall be treated as an application for a patent under 
this Act as of the international filing date, which date shall be considered to be the date  of 
filing in Saint Vi ncent and the Grenadines.  
74.   International Bureau as receiving office  
(1)  The International Bureau shall, subject to subsection (2), act as the receiving 
office in respect of any international application filed with it by a reside nt or national of 
Saint Vincent and the Grenadines.  
(2)  The Minister may enter into an agreement of the kind referred to in rule 19.1( b) of 
the Regulations made under the Patent Co -operation Treaty, authorising an 
intergo vernmental organisation or the nat ional office of another Contracting State which 
is a party to the Patent Co -operation Treaty, to act instead of the International Bureau as 
receiving office for appl icants who are residents or nationals of Saint Vincent and the 
Grenadines.  
75.   Filing of international applications with the International Bureau  
An international application filed with the International Bureau as receiving office 
must be filed in the prescribed language and the prescribed transmittal fee shall be paid to 
the International Bur eau. 
76.   CIPO as designated office  CIPO shall act as the designated office in respect of an international application in 
which Saint Vincent and the Grenadines is designated for the purposes of obtaining a 
national pa tent under this Act.  
77.   CIPO as el ected office  
CIPO shall act as the elected office in respect of an international application in which 
Saint Vincent and the Grenadines is designated for the purposes of obtaining a national 
patent, if the applicant elects Saint Vincent and the Grenadines f or the purposes of 
international preliminary examination under the Patent Co -operation Treaty.  
78.   National processing  
CIPO as designated office or elected office shall not commence the processing of an 
international application designating Saint Vincent  and the Grenadines before the 
expir ation of the period referred to in section 79, unless the applicant complies with the 
requirements of that section, and files with the CIPO an express request for early 
commencement of such processing.  
79.   Entering nat ional phase  
(1)  The applicant in respect of an international application designating Saint Vincent 
and the Grenadines shall, before the expiration of the time limit applicable under 
Article  22 or 39 of the Patent Co -operation Treaty, or of such later time  limit as may be 
prescribed in the Regulations — 
 (a) where the application is not in English, file a certified translation into 
English at CIPO; and  
 (b) pay the prescribed fee.  
(2)  Where the applicant fails to comply with subsection (1), the application shall be 
deemed to have been withdrawn.  
80.   Implementation of Patent Co -operation Treaty  
(1)  The Patent Co -operation Treaty, the Regulations and administrative instructions 
made thereunder shall be given full effect.  
(2)  Where the provisions of this Ac t conflict with those of the Patent Co -operation 
Treaty, the provisions of the treaty shall prevail.  
(3)  Where this Act does not provide for any matter provided for by the Patent Co -
operation Treaty, the provisions of the treaty shall apply.  
(4)  The Regi strar shall not grant or refuse to grant a patent on an international 
application before the expiration of the time limit prescribed in rule 52 as provided for in 
Article 28 or in rule 78 as provided for in Article 41 as the case may be, except with the 
consent of the applicant in writing.  
(5)  Where an international application for a patent which purports to designate Saint 
Vincent and the Grenadines is refused an international filing date under the Patent Co -
operation Treaty because — 
 (a) it is declared c onsidered withdrawn; or  
 (b) the International Bureau has made a finding under Article 12(3) of the 
Treaty; or  
 (c) the receiving office has declared that the designation of Saint Vincent and 
the Gren adines is considered withdrawn,  and the Registrar determ ines that such refusal was caused by an error or omission in the 
CIPO or any other institution having functions under the Patent Co -operation Treaty, he 
may direct that the application shall be treated as an application under this Act.  
81.   Judicial notic e of certain treaties and instruments thereunder  
(1)  Judicial notice shall be taken of the Paris Convention, the Patent Co -operation 
Treaty and of any bulletin, journal or Official Journal published under such Convention 
or Treaty.  
(2)  Any document menti oned in any such bulletin, journal or Official Journal shall be 
admissible as evidence of any instrument or other act thereby communicated, or of any 
instit ution established by or having functions under any Convention or Treaty mentioned 
in subsection (1).  
PART XIV  
Offences  
82.   Falsification of register, etc.  
If a person makes or causes to be made a false entry in any register kept under this 
Act, a writing falsely purporting to be a copy or reproduction of an entry in the register, 
or pr oduces, tenders o r causes to be produced or tendered in evidence any such writing 
knowing the entry or writing to be false, he shall be liable — 
 (a) on summary conviction, to a fine not exceeding five thousand dollars;  
 (b) on conviction on indictment, to a fine not exceed ing twenty -five thousand 
dollars or to i mprisonment for a term not exceeding five years.  
83.   Unauthorised claim of patent rights  
(1)  If a person falsely represents that anything disposed of by him for value is a 
patented product or process he shall, sub ject to the provisions of this section, be liable on 
summary conviction to a fine not exceeding five thousand dollars.  
(2)  For the purposes of subsection (1) a person who for value disposes of an article 
having stamped, engraved or impressed on it or othe rwise applied to it the word “patent” 
or “patented” or anything expressing or implying that the article is a patented product, 
shall be taken to represent that the article is a patented product.  
(3)  Subsection (1) does not apply where the representation i s made 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 sufficient to 
enable the accused to take steps to ensure that th e representation is not made (or does not 
continue to be made).  
(4)  In proceedings for an offence under this section it shall be a defence for the 
accused to prove that he used due diligence to prevent the commission of the offence.  
84.   Unauthorised cla im that patent has been applied for  
(1)  If a person represents that a patent has been applied for in respect of any article 
disposed of for value by him, and — 
 (a) no such application has been made; or  
 (b) any such application has been refused or withdra wn, he shall, subject to the following provisions of this section, be liable on summary 
convi ction to a fine not exceeding five thousand dollars.  
(2)  Subsection (1)( b) does not apply where the representation is made (or continues to 
be made) before the ex piry of a period which commences with the refusal or wit hdrawal 
and which is reasonably sufficient to enable the accused to take steps to ensure that the 
representation is not made (or does not continue to be made).  
(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 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 patent has been 
applied for in respect of the article.  
(4)  In any proceedings for an offence under this section it shall be a defence for the 
accused to prove that he used due diligence to prevent the commissio n of such an o ffence.  
85.   Offences by corporations  
(1)  Where an offence under this Act which has been committed by a body corporate is 
proved 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 other similar officer of the 
body corporate, or any person who was purporting to act in any such capacity, he, as well 
as the body corporate, shall be guilty of that offence and shall be 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 member in connection with his 
functions of management as if he were a director of the body cor porate.  
86.   Time limit for prosecution  
Notwithstanding any law to the contrary, prosecution for an offence under this Act 
shall not be commenced after the expiration of five years after the commission of the 
offence or one year after the discovery thereo f, which ever date last occurs.  
PART XV  
General and Miscellaneous  
87.   Representation  
(1)  A person who is a barrister -at-law and who is admitted to practice law in Saint 
Vincent and the Grenadines shall be entitled to represent any party in any matter or  
proceeding b efore the Registrar under this Act.  
(2)  An applicant whose ordinary residence or principal place of business is outside of 
Saint Vincent and the Grenadines shall be represented by a barrister -at-law who is 
admi tted to practice law in Saint Vi ncent and the Grenadines.  
88.   Service by post  
Any notice required or authorised to be given by or under this Act and any application 
or other document so authorised or required to be made or filed, may be given, made or 
filed by post or in any other pres cribed manner.  
89.   Immunity as regards official acts  
Neither the Minister nor any employee of the Crown —  (a) shall be taken to warrant the validity of any patent granted under this Act or 
any treaty or international convention to which Saint Vincent and  the 
Gren adines is a party; or  
 (b) shall incur any liability by reason of or in connection with any examination 
or investigation required or authorised by this Act or any such treaty or 
convention, or any report or other proceedings consequent on any such  
exam ination or investigation.  
90.   Saving in respect of rights to sell forfeited articles  
Nothing in this Act affects the right of the Crown or any person in the employment of 
the Crown to dispose of or use articles forfeited under the laws relating to c ustoms and 
excise. 
91.   Act binds Crown  
This Act shall bind the Crown.  
92.   Regulations  
(1)  The Minister may make Regulations providing for any matter which is to be 
prescribed under this Act, or for giving effect to the purposes of this Act.  
(2)  Witho ut limiting the generality of subsection (1), the Minister may make 
Regul ations providing for the processing of international applications by, and other 
function of, the Registrar in connection with the Patent Co -operation Treaty, including 
the fees pa yable, time limits and other requirements relating to international applications.  
93.   Repeal and transitional provisions  
(1)  The Patents Act and the Registration of United Kingdom Patents Act and rules 
made thereunder are repealed.  
[Chapter 110 and Chapter 112 of the Revised Laws 1990 Edition.]  
(2)  Where, upon the commencement of this Act, an application made under either of 
the former Acts is pending, such an application shall be subject to the provisions of this 
Act. 
(3)  A patent granted under the Patent s Act before the appointed day shall remain in 
force for twenty years from the date of the application.  
(4)  A patent granted under the Registration of United Kingdom Patents Act shall 
expire on the date on which it would have expired under that Act had th at Act not been 
repealed.  
(5)  Nothing in this Act applies to or affects — 
 (a) any proceedings for revocation or infringement of a patent, commenced 
before the coming into operation of this Act;  
 (b) any existing licence, or any application for a licence m ade before the 
commencement of this Act.  
 
CHAPTER 314  
PATENTS ACT  
SUBSIDIARY LEGISLATION   
List of Subsidiary Legislation  
1. Patents Regulations  
 
Patents Regul ations  
SRO 14 of 2009  
ARRANGEMENT OF REGUL ATIONS  
PART I  
Preliminary  
1. Citation.  
2. Interpretati on. 
3. Fees and forms.  
4. Language of documents and transl ations.  
5. Requirements for contact inform ation. 
6. Signatures by partnerships, comp anies and associations.  
7. Representation by barrister -at-law. 
PART II  
Patents  
8. Application of Internation al Patent Classific ation. 
9. Request.  
10. Description.  
11. Claims.  
12. Drawings.  
13. Abstract.  
14. Measures, terminology and signs.  
15. Number of copies and physical requir ements.  
16. Unity of invention: claims in different categ ories. 
17. Divisio nal applications.  
18. Disclosures to be disregarded for prior art purposes.  
19. Declaration of priority and translation of ea rlier application.  
20. Time for furnishing information on corr esponding foreign 
applications and grants.  
21. Withdrawal and ame ndment of a pplication.  
22. Marking application.  
23. According and notifying filing date.  
24. Examination as to form.  
25. Examination as to substance and decision to grant or refuse to grant 
patent.  
26. Grant of patent, publication and issue of ce rtificate. 
27. Use of patented invention for se rvices of the Crown.  
28. Maintenance fees.  
29. Surrender of patent or claim.  
30. Entries in the register.  
31. Change of name, address or address for se rvice.  
32. Transmission of rights and interests.  
33. Inspection of register.  34. Request for extracts and copies of doc uments.  
35. Request for correction of errors.  
36. Register of licences.  
37. Inspection of register of licences and files.  
38. Submission of licence contracts.  
39. Amendment after grant.  
40. Revocation.  
41. International applications under the Patent Co -operation Treaty.  
PART III  
Utility Certificates  
42. Application of provisions relating to pa tents. 
PART IV  
Miscellaneous  
43. Address for service.  
44. Excluded days.  
45. Hearing.  
46. Service by mail.  
47. Extension of time limit.  
48. Directions as to furnishing of doc uments.  
49. Corrections of irregularities.  
50. Power to dispense with certain requir ements.  
51. Hours of business.  
52. Evidence.  
53. Statutory declarations and affida vits. 
54. Publication.  
First Schedule  Fees 
Second Schedule  Forms  
 
PATENTS REGULATIONS  
In exercise of the powers conferred by section 92 of the Patents Act, No. 39 of 2004, 
the Minister makes the following Regulations.  
[SRO 14 of 2009.]  
[Date of commenc ement: 8 th July , 2009.]  
PART I  
Preliminary  
1.   Citation  
These Regulations may be cited as the Patents Regulations, 2009.  
2.   Interpretation  
In these Regulations, unless the context otherwise requires — 
“International Patent Classification”  means the syste m of classification adopted 
under the Strasbourg Agreement of March 24, 1971;  “principal Act”  means the Patents Act;  
[Chapter 314.]  
“section”  means a section of the Patents Act.  
[Chapter 314.]  
3.   Fees and forms  
(1)  The fees to be paid in respect of matt ers arising under the principal Act or these 
Regulations shall be those specified in the First Schedule.  
(2)  The forms referred to in these Regulations shall be those specified in the Second 
Schedule.  
(3)  A requirement under these Regulations to use a fo rm is satisfied by the use either 
of a replica of that form or of a form that contains the information required by the 
prescribed form and is acceptable to the Registrar.  
4.   Language of documents and translations  
(1)  Documents filed with the Registrar s hall be in English, and any document 
submi tted to the Registrar pursuant to the principal Act or these Regulations which is in a 
language other than English shall be accompanied by a translation into English.  
(2)  A translation submitted pursuant to subreg ulation (1) shall be verified by a 
statutory declaration or affidavit of the translator stating that the translation is to the best 
of his knowledge complete and faithful.  
(3)  Where the Registrar reasonably doubts the accuracy of a translation, he may 
require the translation to be certified by a public authority or sworn translator.  
5.   Requirements for contact information  
The following shall be supplied in relation to the contact information of an applicant 
or an agent in a form or document under the pri ncipal Act — 
 (a) the name of — 
 (i) a natural person shall be indicated by surname and given name or 
names, the surname being indicated before the given names,  
 (ii) a legal entity shall be indicated by its full name and designation;  
 (b) a residential addr ess shall be given in the case of a natural person;  
 (c) a registered office address shall be given in the case of a company;  
 (d) nationality shall be indicated by the name of the State of which a person is a 
national and a legal entity shall indicate the  name of the State under whose 
laws it is const ituted;  
 (e) an address shall consist of all the relevant administrative units, inclu ding any 
building name, post office box, telegraphic or telex address;  
 (f) telephone and facsimile numbers shall be stated.  
6.   Signatures by partnerships, companies and associations  
(1)  A document purporting to be signed for or on behalf of — 
 (a) a partnership shall contain the names of all the partners in full and shall be 
signed by all the partners or by any partner quali fied to sign, stating that he 
signs on behalf of the partnership, or by any other person who satisfies the 
Registrar that he is authorised to sign the document;   (b) a body corporate shall be signed by a director or by the secretary or other 
principal offi cer of the body corporate, or by any other person who satisfies 
the Registrar that he is authorised to sign the document and shall bear the 
seal of the body corporate; and  
 (c) an association of persons may be signed by any person who satisfies the 
Registr ar that he is duly authorised.  
(2)  The Registrar may, if he considers it necessary, request evidence of authoris ation 
to sign a document.  
7.   Representation by barrister -at-law 
(1)  The appointment of a barrister -at-law shall be by an authorisation of ag ent which 
shall be signed by the applicant or, if there is more than one applicant, by each applicant.  
(2)  An authorisation of agent appointing a barrister -at-law may be filed together with 
an application or within two months from its filing date and if t he appointment is not thus 
made and is not in accordance with section 87 and subregulation (1), any procedural steps 
taken by the barrister -at-law, other than the filing of the application, shall be deemed not 
to have been taken.  
PART II  
Patents  
8.   Appli cation of International Patent Classification  
The Registrar shall apply the International Patent Classification, as updated in its 
subsequent editions, for all purposes relating to the grant and publication of patents.  
9.   Request  
(1)  A request for the g rant of a patent shall be made in Form 1 of the Second 
Sche dule and shall be signed by each applicant.  
(2)  The request shall indicate each applicant’s name, address, nationality and 
residence in accordance with regulation 5.  
(3)  The request shall contain — 
 (a) if the applicant is the inventor, a statement that he is the inventor;  
 (b) if the applicant is not the inventor, the name and address of the inventor or 
inventors, and a statement justifying the applicant’s right to the patent.  
(4)  If the applican t is represented by a barrister -at-law, the request shall so indicate 
and shall state the barrister -at-law’s name and address.  
(5)  The request shall indicate the title of the invention in a short and precise ma nner. 
10.   Description  
(1)  The description of the invention shall state the title of the invention as appearing 
in the request and shall — 
 (a) specify the technical field to which the invention relates;  
 (b) indicate the background art which, as far as is known to the applicant, can be 
regarded as useful for the understanding, searching and examination of the 
invention, and, preferably, cite the documents reflecting such art;   (c) disclose the invention in terms that it can be understood and state its 
adva ntageous effects, if any, with reference to the prior art;  
 (d) briefly describe the figures in the drawings, if any;  
 (e) set forth in terms of examples, where appropriate, and with reference to the 
drawings, if any, the mode or modes for carrying out the invention; and  
 (f) indicate explicitly, wh en it is not obvious from the description or nature of 
the invention, the way in which the invention is industrially applicable and 
the way in which it can be made and used, or, if it can only be used, the way 
in which it can be used.  
(2)  The manner and o rder specified in subregulation (1) shall be followed except 
when, because of the nature of the invention, a different manner or a different order 
would result in a better understanding and a more concise presentation.  
11.   Claims  
(1)  The number of the c laims shall be reasonable, taking into account the nature of the 
invention, and if there are several claims, they shall be numbered consecutively in Arabic 
numerals.  
(2)  The claims shall define the invention in terms of the technical features of the 
invention. 
(3)  Whenever appropriate, claims shall contain — 
 (a) a statement indicating those technical features of the invention which are 
necessary for the definition of the invention but which, in combination, are 
part of the prior art;  
 (b) a characterising  portion preceded by the words “characterised in that”, 
“characterised by”, “wherein the improvement comprises”, or any other 
words to the same effect stating concisely the technical features which, in 
combination with the features stated under paragraph ( a), it is desired to 
protect.  
(4)  Claims may be written in a single statement containing a recitation of a 
combin ation of several elements or steps which defines the matter for which protection is 
sought.  
(5)  Claims shall not, except where absolutely nec essary, rely in respect of the 
techn ical features of the invention on references to the description or drawings and in 
particular, they shall not rely on references such as “as described in part .  . . of the 
descri ption”, or “as illustrated in figure .  . . of the drawings”.  
(6)  A claim shall not contain any drawing or graph but may contain tables and 
chemical or mathematical formulae.  
(7)  Where the application contains any drawing, any technical feature mentioned in 
any claim may, if the intelligibility o f that claim can thereby be enhanced, include a 
reference sign to that drawing or to the applicable part of that drawing and such a 
reference sign shall be placed between square brackets or parentheses and shall not be 
construed as limiting the claim.  
(8)  Any claim submitted after the filing date of the application and which is not 
identified with the claims previously appearing in the application shall, at the discretion 
of the appl icant, be submitted either as an amended claim or as a new claim.  
(9)  The deletion of any claim previously appearing in the application shall be made 
by indicating the number of the previous claim followed by the word “cancelled”.  
(10)  Any claim which includes all the features of one or more other claims of the 
same category ( hereinafter referred to as “dependent claim” or “multiple dependent claim,” respe ctively) shall preferably first refer to the other claim or claims by indicating 
the serial number of the other claim or the serial numbers of the other claims and then 
state those features claimed that are additional to the features claimed in the other claim 
or claims.  
(11)  Dependent claims or multiple dependent claims may depend on dependent 
claims or multiple dependent claims and multiple dependent claims may refer in the 
alternative or in the cumulative to the claims on which they depend.  
(12)  All dependent claims referring to the same other claim, and all multiple 
depen dent claims referring to the same other claims, shall be grouped together in the most 
practical way pos sible.  
12.   Drawings  
(1)  Drawings forming part of an application for a patent shall be on sheets the u sable 
surface area of which shall not exceed 26.2 cm by 17 cm.  
(2)  The sheets shall not contain frames round the usable or used surface and the 
minimum  margins shall be as follows — 
  top   2.5 cm  
  left side   2.5 cm  
  right side   1.5 cm  
  bottom   1.0 cm.  
(3)  Drawings shall be executed as follows — 
 (a) without colouring, in durable, black, sufficiently dense and dark, un iformly 
thick and well -defined lines and strokes to permit satisfactory reproduction;  
 (b) cross -sections shall be indicated by hatching which does not impede the 
clear reading of the reference signs and leading lines;  
 (c) the scale of the drawings and the distinctness of their graphic al exec ution 
shall be such that a photographic reproduction with a linear reduction in size 
to two -thirds would enable all details to be distinguished without diff iculty 
and if, as an exception, the scale is given on a drawing, it shall be 
represented grap hically;  
 (d) all numbers, letters and reference signs appearing in the drawings shall be 
simple and clear and brackets, circles and inverted commas shall not be used 
in ass ociation with numbers and letters;  
 (e) elements of the same figure shall be in pro portion to each other, unless a 
difference in proportion is indispensable for the clarity of the figure;  
 (f) the height of the numbers and letters shall not be less than 0.32 cm and for 
the lettering of drawings, the Latin and, where customary, the Greek 
alphabets shall be used;  
 (g) the same sheet of drawings may contain several figures but where fi gures 
drawn on two or more sheets are intended to form one whole figure, the 
figures on the several sheets shall be so arranged that the whole figure can be 
assembled without concealing any part of the partial figures;  
 (h) different figures shall be arranged without wasting space, clearly sep arated 
from one another and different figures shall be numbered consecutively in 
Arabic numerals, independently of the nu mbering of the sheets;  
 (i) reference signs not mentioned in the description or claims shall not a ppear in 
the drawings, and vice versa, and the same features, when denoted by reference signs, shall throughout the application be denoted by the same 
signs;  
 (j) the drawings shall not contain textual matter, except when textual matter is 
required for the understanding of the drawings, and in such circu mstances a 
single word or words such as “water”, “steam”, “open”, “closed”, “se ction 
on AA” and in the case o f electric circuits and block schematic or flow sheet 
diagrams, a few short catc hwords may be used;  
 (k) the sheets of the drawings shall be numbered in accordance with 
regul ation 15(7).  
(4)  Flow sheets and diagrams shall be considered drawings for the pu rposes of these 
Regulations.  
13.   Abstract  
(1)  The abstract shall be drafted so that it can efficiently serve as a scanning tool for 
the purposes of searching in the particular art.  
(2)  The abstract shall consist of the following — 
 (a) a summary of — 
 (i) the invention being disclosed as contained in the description,  
 (ii) the claims, and  
 (iii) any drawings which shall be drafted in a manner which allows for the 
clear understanding of the technical problem, the gist of the sol ution 
of that problem throug h the invention and the principal use or uses of 
the invention; and  
 (b) the chemical formula, where applicable, which among all the formulae 
contained in the application best characterises the invention.  
(3)  The abstract shall be as concise as the disclo sure permits, preferably fifty to one 
hundred and fifty words.  
(4)  The abstract shall not contain statements on the alleged merits or value of the 
invention or on its speculative application.  
(5)  Each main technical feature mentioned in the abstract and illustrated by a drawing 
in the application shall be followed by a reference sign, placed between pare ntheses.  
(6)  The abstract shall be accompanied by the most illustrative of any drawings of the 
invention furnished by the applicant.  
14.   Measures, term inology and signs  
(1)  Units of weights and measures shall be expressed in terms of the metric system.  
(2)  Temperatures shall be expressed in degrees Celsius.  
(3)  Density shall be expressed in metric units.  
(4)  In relation to indications of heat, energy , light, sound, magnetism, and 
math ematical formulae and electrical units, rules in general use shall be observed, and for 
chemical formulae the symbols, atomic weights, and molecular formulae in general use 
shall be employed.  
(5)  Only technical terms, si gns and symbols that are generally accepted in the art shall 
be used.  
(6)  Terminology and signs shall be consistent throughout the application.  15.   Number of copies and physical requirements  
(1)  Subject to regulation 19(7), three copies of an applicati on and any accompanying 
statements or documents shall be filed, but the Registrar may require the applicant to 
supply additional copies.  
(2)  All elements of an application shall be presented so as to be suitable for direct 
reproduction by photography, ele ctrostatic processes, photo offset and micro -filming.  
(3)  All elements of an application shall be on paper which is flexible, strong, white, 
smooth, non -shiny and durable.  
(4)  Only one side of each sheet of paper shall be used.  
(5)  Documents shall be fi led on size A4 (29.7 cm × 21 cm) sheets of paper, however 
the Registrar may accept sheets of other sizes.  
(6)  The minimum margins of sheets shall be as follows — 
 (a) upper margin of each page, except the first page, 20 mm;  
 (b) upper margin of the first p age, 30 mm;  
 (c) side margin adjacent to the binding, 25 mm;  
 (d) other side margin, 20 mm;  
 (e) bottom margin, 20 mm.  
(7)  All sheets shall be numbered at the top of the sheet, aligned in the centre, in 
consecutive Arabic numerals.  
(8)  In effecting the s equential numbering of the sheets, the elements of the applic ation 
shall be placed in the following order — 
 (a) the request;  
 (b) the description;  
 (c) the claim;  
 (d) the abstract;  
 (e) the drawings.  
(9)  The sequential numbering of the sheets shall be ef fected by using three separate 
series of numbering, the first series applying to the request only and commencing with the 
first sheet of the request, the second series commencing with the first sheet of the 
description and continuing through the claims unt il the last sheet of the abstract, and the 
third series being applicable to the sheets of the drawings only and commencing with the 
first sheet of the drawings.  
(10)  The text matter of the application shall be typed but graphic symbols, chemical 
or mathem atical formulae and certain characters, if necessary, may be handwritten or 
drawn.  
(11)  Drawings shall be executed in durable, black, sufficiently dense and dark, 
uniformly thick and well -defined lines and strokes without colourings.  
16.   Unity of invent ion: claims in different categories  
(1)  (a)  Where a group of inventions is claimed, the requirement of unity of inve ntion 
referred to in section 30(7) shall be fulfilled only if there is a technical inter -relationship 
between those inventions involving o ne or more of the same or correspon ding special 
technical features.  
(b)  For the purpose of paragraph ( a), “special technical features”  means those 
technical features which define the contribution which each of the inventions as claimed, 
considered as a wh ole, makes over the prior art.  (2)  The determination whether a group of inventions is so linked as to form a single 
general inventive concept shall be made without regard as to whether the inventions are 
claimed in separate claims or as alternatives withi n a single claim.  
(3)  An application for a patent which includes in particular — 
 (a) in addition to an independent claim for a given product, the inclusion in the 
same application of an independent claim for a process specially adapted for 
the manufacture  of the said product, and the inclusion in the same 
application of an ind ependent claim for a use of the said product;  
 (b) in addition to an independent claim for a given process, the inclusion in the 
same application of an independent claim for an appara tus or means 
specifically d esigned for carrying out the said process; or  
 (c) in addition to an independent claim for a given product, the inclusion in the 
same application of an independent claim for a process specially adapted for 
the manufacture of the product, and the inclusion in the same applic ation of 
an independent claim for an apparatus or means specifically d esigned for 
carrying out the process,  
shall be treated as being related to a group of inventions which are so linked as to form a 
single inve ntive concept.  
(4)  Subject to section 30(7), it shall be permitted to include in the same application 
two or more independent claims of the same category which cannot readily be covered by 
a single generic claim.  
(5)  Subject to section 30(7), it shall be  permitted to include in the same application a 
reasonable number of dependent claims, claiming specific forms of the invention claimed 
in an independent claim.  
17.   Divisional applications  
(1)  A divisional application pursuant to section 31(1) shall con tain a reference to the 
initial application.  
(2)  If the applicant wishes a divisional application to benefit from any priority 
claimed for the initial application, the divisional application shall contain a request to that 
effect and in such a case, the d eclaration of priority and the documents furnished in 
accordance with regulation 20 for the initial application shall be deemed to relate also to 
the divisional application.  
(3)  Where the priorities of two or more earlier applications were claimed for the  
initial application, a divisional application may benefit only from the priority or priorities 
that are appl icable to it.  
18.   Disclosures to be disregarded for prior art purposes  
An applicant who wishes a disclosure of the invention to be disregarded in  accordance 
with section 14(3) for prior art purposes shall so indicate on the application and shall 
furnish, in writing, with the application or within one month of filing the application, full 
particulars of the disclosure.  
19.   Declaration of priority and translation of earlier application  
(1)  The declaration claiming priority referred to in section 33(2) shall be made at the 
time of filing the application for the patent and shall indicate — 
 (a) the date of filing of the earlier application;  
 (b) subje ct to subregulation (2), the number of the earlier application;   (c) subject to subregulation (3), the symbol of the International Patent 
Classif ication which has been allocated to the earlier application;  
 (d) the State in which the earlier application wa s filed or, where the earlier 
application is a regional or an international application, the State or States 
for which it was filed;  
 (e) where the earlier application is a regional or an international applic ation, the 
office with which it was filed.  
(2)  Where at the time of filing the declaration referred to in subregulation (1) the 
number of the earlier application is not known, that number shall be furnished within the 
period of sixteen months after the priority date.  
(3)  Where a symbol of the Internat ional Patent Classification has not been allocated to 
the earlier application, or had not yet been allocated at the time of filing the declaration 
referred to in subregulation (1), the applicant shall state this fact in the said de claration 
and shall commu nicate the symbol as soon as it has been allocated.  
(4)  The applicant may, at any time before the grant of the patent, amend the co ntents 
of the declaration referred to in subregulation (1).  
(5)  The period for furnishing the certified copy of the earlier  application referred to in 
section 33(3) shall be three months from the date of the request by the Registrar and 
where a copy has already been furnished for another application, the applicant may 
respond by making a reference to that other application.  
(6)  Where the earlier application is in a language other than English, the applicant 
shall, within six months from the date of the request by the Registrar, furnish an English 
translation of the earlier application.  
(7)  Unless the Registrar requests otherw ise, one copy of the earlier application and 
any translation thereof shall be filed.  
20.   Time for furnishing information on corresponding foreign applications and 
grants  
(1)  The time limits to be specified for furnishing the documents requested in wri ting 
under section 34 shall not be less than two or more than six months from the date the 
request is made and upon a reasoned request by the applicant, the Registrar may extend 
the time limit.  
(2)  If the applicant replies that the documents requested under  section 34 are not yet 
available, the Registrar may suspend the procedure for the examination of the application 
until such time as the documents are furnished.  
21.   Withdrawal and amendment of application  
(1)  The withdrawal of an application, pursuant to section 41, shall be made by a 
written declaration submitted to the Registrar and signed by each applicant.  
(2)  The application fee shall not be refunded if the application is withdrawn.  
(3)  Any amendment under section 40(1) shall be made and any amen dment under 
section 40(3) shall be requested together with the payment of the fee specified in the First 
Schedule.  
22.   Marking application  
(1)  The Registrar shall, on receiving any document comprised in an application, mark 
on each document making up th e application the actual date of receipt and the application 
number consisting of the letters VC, slant, the letter A, slant, the numbers of the year in 
which the initial papers were received, slant, and a five -digit number allotted in the sequential order  in which applications are received, and where any corrections or other 
later filed documents are received on different dates, the Registrar shall also mark their 
actual date of receipt in the appropriate place of the request for grant of the patent.  
(2)  The application number allotted under subregulation (1) shall be quoted in all 
subsequent communications concerning the application.  
23.   According and notifying filing date  
(1)  The Registrar shall examine whether the application fulfils the requirements  of 
section 32(1).  
(2)  The invitation to file any correction under section 32(2) shall be in writing, it shall 
specify the correction required and shall request that the correction be filed within two 
months from the date of the invitation, together with the payment of the fee specified in 
the First Schedule.  
(3)  The Registrar shall notify the applicant in writing that the application — 
 (a) is accorded a filing date; or  
 (b) is treated as if it had not been filed and the reason therefor.  
24.   Examination  as to form  
(1)  In addition to the requirements of sections 37(2) and 30(1) and (2) and the 
provisions of these Regulations pertaining thereto, the requirements of sections 34 and 87 
and regulations 4 to 7 and 9 to 15 to the extent applicable shall be con sidered formal 
requir ements for the purposes of the principal Act.  
(2)  Where the Registrar finds that the conditions referred to in subregulation (1) are 
not fulfilled, he shall invite the applicant, in writing, to file the required correction within 
two months from the date of the invitation, together with the payment of the fee specified 
in the First Schedule.  
(3)  Where no abstract is provided, the Registrar shall invite the applicant to correct 
the deficiency either by providing an abstract or by payin g the fee specified in the First 
Schedule for the preparation of the abstract by the Registrar himself.  
(4)  Where the applicant does not comply with the invitation to correct the deficiency, 
or where, despite the corrections submitted by the applicant, th e Registrar is of the 
opinion that the conditions referred to in section 37(2) are not fulfilled, he may reject the 
application pursuant to section 37(3) and notify the applicant, in writing, stating the 
reasons therefor.  
(5)  Refusal of the application sh all not affect its filing date which shall remain valid 
notwithstanding the refusal.  
25.   Examination as to substance and decision to grant or refuse to grant patent  
(1)  The Registrar may, for purposes of the examination under section 38, and subject 
to the payment of the fee specified in Schedule I, transmit the application together with 
all relevant documents to an examining authority with which an arrangement to this e ffect 
has been concluded, requesting a search and examination report.  
(2)  If the Reg istrar is of the opinion that the conditions referred to in section 38 are 
not fulfilled taking due account of the conclusions of the search and examination report 
referred to in subregulation (1), if any, he shall notify the applicant in writing to submit  
his observations and, where applicable, to amend or divide his application, within a 
specified period, and the specified period shall not be less than two or more than six 
months from the date of the invitation.  (3)  The invitation shall be made in Form 2  of the Second Schedule and it may be 
made se veral times if necessary.  
(4)  Any amendment consequent on subregulation (2) shall be made together with the 
payment of the fee specified in the First Schedule.  
(5)  Where the applicant does not comply with the invitation or where despite any 
observation, amendment or division submitted by the applicant, the Registrar, taking due 
account of the conclusions of the search and examination report referred to in 
subregul ation (1), if any, is of the opinion that the co nditions referred to in section 38 are 
not fu lfilled, he shall refuse to grant the patent.  
(6)  Where the Registrar, taking due account of the conclusions of the search and 
examination report referred to in subregulation (1), if any, is of the opinion that  the 
conditions referred to in subregulation (1) are fulfilled, he shall grant the patent in 
accordance with section 39(4) and regulation 26.  
(7)  The Registrar shall notify the applicant in writing of his decision to grant or to 
refuse to grant a patent, attaching a copy of the search and examination report, if any, 
upon which the decision is based and, in the case of a refusal, stating the reasons therefor 
and in the case of a decision to grant a patent, requesting the applicant to pay the grant 
and publi cation fee within three months from the date of the notification.  
26.   Grant of patent, publication and issue of certificate  
(1)  The Registrar shall allot to each patent that he grants a number (to be known as 
“the publication number of the patent”) in t he sequential order of grant.  
(2)  The patent shall be granted in Form 3 of the Second Schedule and shall contain, in 
addition to the information indicated in subregulation (3), the date of publication of the 
patent, the documents or references cited of th e prior art, the description, the claims and 
the drawings, if any.  
(3)  The publication of the notice, under section 43(1)( a), of the grant of the patent 
shall include — 
 (a) the number of the patent;  
 (b) the name and address of the owner of the patent;  
 (c) the name and address of the inventor, except where he has asked not to be 
named in the patent;  
 (d) the name and address of the barrister -at-law, if any;  
 (e) the filing date;  
 (f) if priority has been claimed and the claim has been accepted, a stat ement of 
the priority, the priority date and the name of the country or countries in 
which or for which the earlier application was filed;  
 (g) the effective date of grant of the patent;  
 (h) the title of the invention;  
 (i) the abstract;  
 (j) the most illustr ative of the drawings, if any; and  
 (k) the symbol of the International Patent Classification.  
(4)  The sealed patent, issued in accordance with section 43(1)( b), shall be issued in 
Form 4 of the Second Schedule and shall be signed by the Registrar and sha ll contain — 
 (a) the number of the patent;  
 (b) the name and address of the owner of the patent;   (c) the date of filing;  
 (d) the effective date of grant of the patent; and  
 (e) the title of the invention.  
27.   Use of patented invention for services of t he Crown  
(1)  The Minister may, before making a decision under section 51, consult the 
Regi strar and shall give the owner of the patent, beneficiaries of non -voluntary licences, 
and any other persons whose participation he considers useful at least twenty -one days 
written notice of the date on which they may be heard.  
(2)  The owner of the patent shall give all licensees written notice of the hearing 
mentioned in subregulation (1) and the licensees shall have the right to participate therein.  
(3)  The Minis ter shall reduce his decision, after the hearing, if any, to writing, stating 
the grounds upon which it is based and the terms of use, and shall transmit the dec ision to 
the Registrar.  
(4)  The Registrar shall record, publish and in writing, notify the own er of the patent 
and the other participants in the hearing of the decision of the Minister.  
(5)  If the decision of the Minister is the subject of judicial review, the Registrar of the 
Court shall notify the Registrar of the decision of the Court once it b ecomes final, and the 
Registrar shall record the decision and publish it.  
28.   Maintenance fees  
(1)  Upon payment of an annual maintenance fee in accordance with section 45(1), the 
Registrar shall, within two weeks from the date payment is received, issue  to the 
applicant or to the owner of the patent a receipt of payment.  
(2)  The Registrar shall record and publish a notification of the lapse of a patent.  
(3)  Annual fees shall not be refundable.  
29.   Surrender of patent or claim  
(1)  The notice of an of fer by an owner of a patent to surrender his patent, or a claim 
or claims therein under section 46 shall be filed with the Registrar, stating the reasons for 
making the offer and stating whether or not an action is pending before the Court for 
infringement  or for revocation of the patent.  
(2)  An application under subregulation (1) shall be accompanied by the fee spec ified 
in the First Schedule.  
(3)  Notice of the receipt of an offer under subregulation (1) shall be published by the 
Registrar in the Officia l Journal.  
(4)  At any time within three months from the publication in the Official Journal of a 
notice of an offer to surrender, any person may file a notice of opposition to the surrender 
with the Registrar.  
(5)  A notice of opposition given under subre gulation (4) shall be accompanied by a 
statement setting out fully the facts upon which the opponent relies and the relief which 
he seeks.  
(6)  The notice of opposition and statement in support shall be filed in duplicate orig inal. 
(7)  The Registrar shall  send a copy of the notice and the statement to the owner of the 
patent.  (8)  Within three months of the receipt of the copy, the owner of the patent shall, if he 
wishes to continue with the surrender, file a counter -statement, in duplicate, setting out 
fully the grounds upon which the opposition is resisted.  
(9)  The Registrar shall send a copy of the counter -statement to the opponent.  
(10)  The Registrar may give such directions as he may think fit with regard to the 
subsequent procedure.  
30.   Entries in  the register  
(1)  The Registrar shall cause to be entered in the register in respect of every patent, in 
addition to the information indicated in regulation 26(3) — 
 (a) the address for service;  
 (b) the date on which the patent expired or was surrendered or revoked;  
 (c) any change in name, address, address for service and ownership in 
accordance with regulations 31 and 32;  
 (d) the fact that a licence contract has been concluded and a reference to the 
relevant entry in the register;  
 (e) the grant of a no n-voluntary licence with respect to the patent pursuant to 
section 49 and the terms, variation of terms and termination thereof; and  
 (f) any authorisation by the Minister pursuant to section 51 and the terms, 
variation of terms and termination thereof.  
(2)  The Registrar may at any time enter in the register such other particulars as he 
may think fit.  
31.   Change of name, address or address for service  
(1)  A request by the owner of a patent or an applicant for a patent for the alteration of 
a name, natio nality, address or address for service on record in respect of his patent or 
applic ation shall be made in writing and shall be accompanied by the fee specified in the 
First Schedule.  
(2)  Before acting on a request to alter a name or nationality, the Regis trar may r equire 
proof of the alteration as he thinks fit.  
32.   Transmission of rights and interests  
(1)  An application to register or to give notice to the Registrar of any transaction to 
which section 47 applies shall be made in Form 5 of the Second Sc hedule and 
accomp anied by the fee specified in the First Schedule.  
(2)  Unless the Registrar otherwise directs, an application under subregulation (1) shall 
be accompanied by — 
 (a) a certified copy of any document which establishes the transaction; or  
 (b) a certified copy of extracts from such documents that would suffice to 
establish the transaction.  
(3)  In order to be recorded in the register, an agreement assigning the ownership of 
the patent application or the patent shall include the number and date of the patent 
application or the patent, the title of the invention and the names, addresses, nationalities, 
and signatures of the assignor and assignee.  
(4)  The publication of the change in ownership shall specify — 
 (a) the number of the application or r egistration concerned;   (b) the date of filing and the date of grant;  
 (c) the names of the assignor and the assignee; and  
 (d) the nature of the change of ownership.  
(5)  If the Registrar is satisfied that the request should be allowed, he shall cause the  
patent or application therefor and, where necessary the register, to be altered accor dingly.  
33.   Inspection of register  
Entries in the register shall be made available for inspection by the public during the 
hours of business of CIPO, subject to the pay ment of the fee specified in the First Sche dule. 
34.   Request for extracts and copies of documents  
A request for a certified copy of a document or a copy of an extract from the register 
shall be made to the Registrar in writing and shall be subject to pay ment of the fee 
specified in the First Schedule.  
35.   Request for correction of errors  
(1)  A request for the correction of an error in the register or in any document filed 
with the Registrar in connection with registration shall be made in writing, stat ing the 
desired co rrection.  
(2)  A document filed with the Registrar may be corrected if the Registrar is satisfied 
that the document contains an error of a clerical nature and that its correction would 
involve no change in the substance of the document.  
(3)  Correction of a document under subregulation (2) shall be subject to payment of 
the fee specified in the First Schedule unless the correction is made by the Registrar of his 
own initiative, in which case, no fee shall be payable.  
36.   Register of lice nces 
The Registrar shall maintain as part of the register a register of licences in which he 
shall register licence contracts.  
37.   Inspection of register of licences and files  
The register of licences and the file relating to licence agreement may be ins pected 
and extracts obtained therefrom only with the written permission of the licensor and 
licensee.  
38.   Submission of licence contracts  
(1)  The application for registration of a licence contract under section 48 shall be 
made in writing.  
(2)  The appl ication shall be accompanied by — 
 (a) copies of all the documents constituting the contract, including all 
amen dments;  
 (b) annexes, riders, and other supplements thereto or modifications thereof;  
 (c) copies of all other documents or material relating to the contract nece ssary 
for the interpretation or understanding thereof; and  
 (d) the fee specified in the First Schedule.  
39.   Amendment after grant  (1)  An application to the Registrar for leave to amend the description, claims or 
drawings of a patent sh all clearly show the amendment sought and the Registrar may 
request the applicant to file a copy of the amended text of the description, claims or 
drawings in which the amendment is shown in red ink.  
(2)  An application under subregulation (1) shall be acc ompanied by the fee spec ified 
in the First Schedule.  
(3)  The application and the nature of the proposed amendment shall be published in 
the Official Journal.  
(4)  Any person wishing to oppose the application to amend shall, within two months 
from the date  of the publication in the Official Journal file a notice of opposition with the 
Regi strar. 
(5)  A notice of opposition given under subregulation (4) shall be accompanied by a 
statement setting out fully the facts upon which the opponent relies and the rel ief which 
he seeks.  
(6)  The notice of opposition and statement in support shall be filed in duplicate orig inal. 
(7)  The Registrar shall send a copy of the notice and the statement to the applicant.  
(8)  Within the period of two months beginning on the da te when the copies are sent to 
him, the applicant shall, if he wishes to continue with the application, file a counter -
statement in duplicate setting out fully the grounds upon which the opposition is resisted.  
(9)  The Registrar shall send a copy of the c ounter -statement to the opponent.  
(10)  The Registrar may give directions as he may think fit with regard to the 
subsequent procedure.  
40.   Revocation  
(1)  Where the grounds for revocation under section 63 apply only to a part of the 
subject matter of a p atent and no amendment or no satisfactory amendment of the 
description has been made pursuant to section 64(2), that part of the subject matter of the 
patent shall be revoked.  
(2)  The patent owner shall in writing notify any licensee of any court proceedi ng 
instituted for the revocation of the patent and the person requesting revocation shall so 
notify any beneficiaries of non -voluntary licences granted under section 49 and, where 
the ground of invalidity invoked is that the patent owner is not the invento r or his 
succe ssor in title, the person alleged to have the right to the patent shall also be notified.  
41.   International applications under the Patent Co -operation Treaty  
(1)  For the purposes of these Regulations, “designate” , “elect” , “international f iling 
date”  and “international preliminary examination”  have the same meanings as in the 
Patent Co -operation Treaty.  
(2)  For the purposes of section 79(1) where Saint Vincent and the Grenadines has 
been designated or elected in an international applicatio n, the time limit for the filing of a 
certified translation of an international application which is not in English and for 
payment of the fee specified in the First Schedule shall be not later than the expiration of 
thirty -one months from the internationa l filing date.  
(3)  A certified translation of an international application that is not in English, shall 
include a translation of — 
 (a) the description;  
 (b) the claims (if amended under Article 19 of the Patent Co -operation Treaty, 
as so amended);   (c) any text matter of the drawings; and  
 (d) the abstract.  
(4)  Where the applicant fails to file a certified translation of an international 
applic ation within the time limit prescribed under subregulation (2), the Registrar shall 
invite the applicant to furn ish the missing translation within two months from the date of 
the invit ation and if the missing translation is not furnished within that time limit, the 
application shall be deemed to have been withdrawn pursuant to section 79(2).  
(5)  Notwithstanding sec tion 34, where CIPO acts as an elected Office in relation to an 
international application and receives the international preliminary examination report, 
the Registrar shall not request the applicant to furnish copies or information on the 
contents of any p apers connected with the examination relating to the same international 
application in any other elected Office.  
(6)  Any annual fee which falls due under section 45(1) in relation to an international 
application in which Saint Vincent and the Grenadines i s designated need not be paid 
until the expiration of the time limit applicable under subregulation (2).  
PART III  
Utility Certificates  
42.   Application of provisions relating to patents  
(1)  Part 1 of these Regulations shall apply, mutatis mutandis , to ut ility certificates, 
subject to the following exceptions — 
 (a) the letter A in regulation 22, shall be read as the letter U;  
 (b) the reference in regulation 40 to section 63 shall be read as a reference to 
section 70.  
(2)  A request under section 36 for th e conversion of an application for a patent into an 
application for a utility certificate shall be signed by the applicant and accompanied by 
the fee specified in the First Schedule.  
(3)  The Registrar shall, within two months of the receipt of the request , notify the 
applicant of his decision thereon, in writing, and where he refuses the request he shall 
state the reasons.  
PART IV  
Miscellaneous  
43.   Address for service  
(1)  There shall be furnished to the Registrar — 
 (a) by every applicant for the grant o f a patent, an address for service in Saint 
Vincent and the Grenadines for the purpose of his application; and  
 (b) by every person concerned in any proceedings to which these Regul ations 
relate, an address for service in Saint Vincent and the Grenadines, and the 
address so furnished or, where another address (being an address in Saint 
Vincent and the Grenadines) has been furnished in place thereof, shall be 
treated for the purposes of the application or the proceedings as the address 
of the applicant or th e person, as appropriate.  (2)  Where a barrister -at-law has been appointed the address of the barrister -at-law 
shall, for all purposes connected with the principal Act and these Regulations, be treated 
as the address to which communications to the person o r persons who appointed the 
barrister -at-law shall be transmitted.  
44.   Excluded days  
When the last day for doing any act or taking any proceeding falls on a day when 
CIPO is not open to the public for business, it shall be lawful to do the act or to take  the 
proceeding on the day when CIPO is next open for business.  
45.   Hearing  
(1)  The Registrar shall, before exercising adversely against any person any 
discr etionary power given to him by the principal Act or these Regulations, notify the 
person in writ ing, of the opportunity to be heard thereon, and indicating a time limit, 
which shall not be less than one month, for filing a request for a hearing.  
(2)  The request for a hearing shall be in writing and may be granted subject to 
payment of the fee specif ied in the First Schedule.  
(3)  Upon receiving a request for a hearing, the Registrar shall give the person 
applying and any other interested persons at least two weeks notice in writing of the date 
and time of the hearing.  
46.   Service by mail  
(1)  Any n otice, application or other document sent to the Registrar by mail shall be 
deemed to have been given, made or filed at the time when it would be delivered in the 
ordinary course of the mail and in proving such service, it shall be sufficient to prove that  
the letter containing such notice, application or other document was properly addressed 
and sent by registered mail.  
(2)  Subregulation (1) does not apply in relation to according a filing date.  
47.   Extension of time limit  
(1)  The time or periods presc ribed by these Regulations for doing any act or taking 
any proceedings thereunder, other than times or periods prescribed in the provisions 
mentioned in subregulation (2), may be extended by the Registrar if he thinks fit upon 
giving notice to the parties and upon terms as he may direct, and extensions may be 
granted a lthough the time or period for so doing such act or taking such proceeding has 
already expired.  
(2)  The provisions referred to in subregulation (1) are regulations 19(2), 29(4), 39(4) 
and 41.  
48.   Directions as to furnishing of documents  
The Registrar may, at any stage of any proceedings before him direct that any 
document, information or evidence that he may require be furnished within such period of 
time as he may fix.  
49.   Corrections of irregularities  
Any irregularity in procedure before the Registrar may be rectified on such terms as he 
may direct.  
50.   Power to dispense with certain requirements  Where under these Regulations any person is to do any act or thing or any document 
or evide nce is required to be produced or filed and it is shown to the satisfaction of the 
Registrar that from any reasonable cause that the person is unable to do that act or thing, 
or that the document or evidence cannot be produced or filed, the Registrar may, upon the 
production of such evidence and subject to such terms as he thinks fit, dispense with the 
doing of any such act or thing, or the production or filing of such document or evidence.  
51.   Hours of business  
CIPO shall be open to the public from Monda y to Friday of each week, except pu blic 
holidays between the hours of 8.30 a.m. and 12.00 noon and 1.00 p.m. and 3.00 p.m. for 
all classes of business.  
52.   Evidence  
(1)  Where under these Regulations evidence may be filed, it shall be by statutory 
declar ation or affidavit.  
(2)  The Registrar may, if he thinks fit, in any particular case, take oral evidence in 
lieu of or in addition to written evidence and shall allow any witness to be cross -
examined on his affidavit or declaration.  
53.   Statutory declara tions and affidavits  
(1)  Any statutory declaration or affidavit filed under the principal Act or these 
Regulations shall be made before any officer authorised by law in any part of Saint 
Vincent and the Grenadines to administer a declaration or an oath fo r the purpose of any 
legal proceedings.  
(2)  Statutory declarations or affidavits made outside Saint Vincent and the  Grenadines 
shall be made before a Consular Officer, a Commissioner of Oaths or a Notary Pu blic. 
54.   Publication  
Particulars of patents, p roceedings under the principal Act and any other information 
required to be published under the principal Act or these Regulations that are not 
contained in these Regulations shall be published in the Official Journal within the 
meaning of section 2.  
 
First Schedule  
[Regulation 3.]  
Fees  
Item Matter or Proceeding  Amount of Fee  Form  
1 Application for a patent [section 30, regul ation 9]  $1,000.00  Form No. 1  
2 Each divisional application for a patent [se ction 31, 
regulation 17]  $750.00  Form No. 1  
3 Applicati on for utility certificate [section 67, 
regul ations 9, 42(1)]  $500.00  Form No. 1  
4 Each divisional application for a utility certif icate 
[section 31, reg ulations 9, 42(1)]  $375.00  Form No. 1  
5 Correction of application to comply with 
requir ements for acc ording filing date [section 32(2), $125.00   regulation 23(2)]  
6 Correction of application to comply with formal 
requirements [section 37(3), reg ulation 24(2)]  $125.00   
7 Preparation of abstract by Registrar 
[regul ation 24(3)]  $750.00   
8 Amendment of app lication at instance of appl icant 
[section 40(1)]  $250.00   
9 Amendment of application on invitation of Regi strar 
[section 39(1), reg ulation 25(2)]  $125.00  Form No. 2  
10 Fee for search and examination carried out by an 
examining authority [section 38, reg ulation 25(1)]  $750.00 plus 
amount pa yable to 
examining body 
authority   
11 Grant and publication fee [regul ation 26]  $250.00 plus 
amount payable to 
Publisher   
12 Annual maintenance fees for patents: [se ction 45]    
 2nd year   .......   .......   .......   .......   .......   .......  $100.00   
 3rd ye ar  .......   .......   .......   .......   ........    .......  $200.00   
 4th year   .......   .......   .......   .......   .......   .......  $200.00   
 5th year   .......   .......   .......   .......   .......   .......  $300.00   
 6th year   .......   .......   .......   .......   .......   .......  $450.00   
 7th year   .......   .......   .......   .......   .......   .......  $600.00   
 8th year   .......   .......   .......   .......   .......   .......  $800.00   
 9th year   .......   .......   .......   .......   .......   .......  $1,000.00   
 10th year   .......   .......   .......   .......   .......   .......  $1,200.00   
 11th year   .......   .......   .......   .......   .......   .......  $1,600.00   
 12th year   .......   .......   .......   .......   .......   .......  $2,100.00   
 13th year   .......   .......   .......   .......   .......   ........   $2,600.00   
 14th year   .......   .......   .......   .......   .......   ........   $3,100.00   
 15th year   .......   .......   .......   .......   .......   .......  $3,600.00   
 16th year   .......   .......   .......   .......   .......   .......  $4,200.00   
 17th year   .......   .......   .......   .......   .......   .......  $4,800.00   
 18th year   .......   .......   .......   .......   .......   .......  $5,400.00   
 19th year   .......   .......   .......   .......   .......   .......  $6,000.00   
 20th year   .......   .......   .......   .......   .......   .......  $6,600.00   
   .......   .......   .......   .......   .......   .......    
13 Surcharge for late payment of annual fee [se ction 
45(2)]  10% of the ove rdue 
fee  
14 Request for conversion of a patent applic ation into 
an appl ication for a utility certif icate and vice versa 
[section 36, regul ation 42(2)]  $100.00   
15 Application to register, or give notice of transa ction, 
etc. [section 47, regul ation 33]  $75.00  Form 5  
16 Request for recording transmi ssion of rights and $75.00  Form 5  interes ts [section 47, regul ation 32]  
17 Submission of licence contract for recording [se ction 
48(2), reg ulation 36]  $75.00   
18 Inspection of register, or file relating to l icence 
agreement [regul ation 33]  $15.00   
19 Certified copies of documents  [regul ation 34]  $25.00 plus  
$2.50 per page   
20 Request for correction of an error [regul ation 35]  $75.00   
21 Request for extension of time limit [regul ation 47]  $75.00   
22 Request for hearing [regul ation 45]  $75.00   
 
Second Schedule  
Forms  
[Regulation  3.] 
FORM NO. 1  
COMMERCE AND INTELLECTUAL PROPERTY O FFICE,  
SAINT VINCENT AND THE GRENADINES  
Form 1  For Office Use  
PATENTS ACT, 2004   
 Date of Receipt Commerce and Intelle ctual 
 Property Office:  
 APPLICATION No.:  
REQUEST FOR GRANT OF PATENT OR 
UTILITY  CERTIFICATE IN RESPECT OF 
THE FOLLOWING PARTIC ULARS:  (Office’s Stamp)  
 I. TITLE OF INVENTION  
 II. APPLICATION(S)  
Additional information is co ntained in supplemental box.  
Name(s):  
Address(es):  
Nationality/Nationalities:  
Country/Countries of residenc e or principal place(s) of business  
Tel No.:  Telegraphic A ddress(es):  Telex No.:  Fax No.:  
Address for service in Saint Vi ncent and the Grenadines  
 III. AGENT  
The following agent has been appointed by the applicant(s) in the authoris ation of 
agent acco mpanying this Form  
 To be filed within two months From the filing 
of this Form  
 
Name:  
Address:  
Tel No.:  Telegraphic A ddress(es):  Telex No.:  Fax No.:  
Additional information is co ntained in supplemental box.  
 IV. INVENTOR  
Additional information is co ntained in supplemental box  The inventor is the applicant  
If the inventor is not the applicant  
Name:  
Address:  
The statement justifying the applicant’s(s’) right accompanies this Form  
 V. DIVISIONAL APPLIC ATION  
This application is a divisional applica tion  ................................ .................   The benefit  
of the  ................................ ..  filing date  ................................ ..........   priority date of the  
initial application is claimed in as much as the subject matter of the present application 
is contained in the initial application identified b elow. 
Initial Application No.:  
Date of fili ng of initial applic ation:  
 VI. DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES  
Disclosure occurred not more than one year before the filing date or priority date of the 
present application.  
Disclosure occurred not more than one year before the fi ling date or priority date of the 
present application.  
By reason or in consequence of acts of the applicant or his predece ssor in title.  
Of an abuse committed by a third party with regard to the rights of the appl icant or his 
predece ssor in title.  
Addit ional information is contained in a statement accompan ying this Form.  
 VII. PRIORITY DECLAR ATION (if any)  
The priority of (an) earlier appl ication(s) is claimed as follows  
The priority of more than one earlier application is claimed; the data are indica ted in 
the supplemental box  
Country (if the earlier appl ication is a 
regional or international applic ation 
indicate the office with which and the 
countries for which it was filed):  Filing Date:  
  
  
 Application No.:  
 
Symbol of the International  
Patent Classific ation: 
not yet allocated   
 
 
The certified copy of the earlier application  ................................ .......  accompanies this  
Form  ........................  will be furnished upon request by the Registrar, as prescribed by  
regul ation 19(5)  ................................ ........   has already been furnished with application  
No.  ..................   [See regul ation 19(5)]  
The English translation of the earlier application  ................................ .....  accompanies  
this Form  .................   will be furnished upon request, as pr escribed by regulation 19(6)  
 VIII.  SUPPLEMENTAL BOX  
 IX. CHECK LIST (TO BE FILLED IN BY THE APPL ICANT)  
A. This application contains the following  B. This form, as filed, is accompanied by the 
items ticked below:  
 1. Request  ................................   sheet(s)   
 2. Description  ...........................   sheet(s)  Separate signed authorisation of Agent  
 3. Claim(s)  ...............................   sheet(s)    4. Abstract  ................................   sheet(s)  Statemen t justifying the applicant’s right  
 5. Drawing(s)  ............................   sheet(s)  Statement that certain disclosures be 
disregarded of earlier application[s]  
Total  Sheets  English translation of earlier appl ication(s) on 
which priority declaration is based  
C. Figure number o f the drawings (if any) is 
suggested to accompany the abstract for 
publication  application fee  
other document(s) (specify)  
X. SIGN ATURE(S)  ................................ ...   ................................ ................................ ...........   
 Date  
  Type name(s) under signature(s).  
  Indicate whether applicant or agent.  
TO BE FILLED IN BY THE RE GISTRAR  
 1. Date of receipt of corrections or later filed documents comple ting the application:  
 2. Date fees received:  
 
FORM NO. 2  
COMMERCE AND INTELLECTUAL PROPERTY OFFICE,  
SAINT VINCENT AND THE GRENADINES  
Form 2  
PATENTS ACT 2004  
NOTIFICATION OF NO N-COMPLIANCE 
WITH SUBSTANTIVE REQUIREMENTS 
AND INVITATION TO SUBMIT 
OBSE RVATIONS AND/OR AMENDED 
APPLIC ATION FOR GRANT OF PATENT  For Official Use  
 Fee received on:  
 Applicant’s or Representative’s File Reference:  
In the matter of Patent Application No.  ................................ ................................ .....................  the 
Registrar hereby notifies the applicant(s) that the following substantive requirements have not 
been fulfilled with respect to the above -identified application for the following reasons: — 
The applicant(s) is/are hereby invited to submit, within  ................................ ...................   
(specified p eriod), his/their observations and, where applicable, an amended application. The 
amen dment shall be made to the Registrar, together with the prescribed fee.  
Signature   
 ................................ ................................ ....   ................................ ...  
Registrar  Date  
 
FORM NO. 3  
COMMERCE AND INTELLECTUAL PROPERTY OFFIC E,  
SAINT VINCENT AND THE GRENADINES  
 Publication Number:  
 Publication Date:  
 IPC: 
 PATENT  
Application Number:  
Filing Date:  Owner(s):   Inventor(s):  
Priority Number:  
Priority Date:  
 Agent:  
Priority Country:  
Title:  
Abstract:  
COMMERCE AND INTELLEC TUAL PROPERTY OFFICE,  
SAINT VINCENT AND THE GRENADINES  
 Publication Number:  
 Publication Date:  
 UTILITY CERTIFICATION  
Application Number  Owner(s):  
Filing Date:  
 Inventor(s):  
Priority Number  
Priority Date:  
 Agent:  
Priority Country:  
Title:  
Abstr act: 
 
FORM NO. 4  
COMMERCE AND INTELLECTUAL PROPERTY OFFICE,  
SAINT VINCENT AND THE GRENADINES  
Form 4  
PATENTS ACT, 2004  
CERTIFICATE OF GRANT OF PATENT/UTILITY CERTIFICATE:  
In accordance with section 43(1)( b) of the Patents Act it is hereby certified tha t a pa tent/utility 
certificate having the number  ................................ ................................ ..........   has been granted to:  
Name:  
Address:  
on  ................................ ................................ ....  (date), in respect of an invention disclosed in an  
application for that pa tent/utility certificate having the following:  
Filing date:  
Priority date:  
Being an  invention for  ................................ ................................ ................................ .......  
(title)  
Signature  
 ................................ ................................ ....   ................................ ....  
Registrar  Date  
 
FORM NO. 5  
COMMERCE AND INTELLECTUAL PROPERTY OFFICE,  
SAINT VINCENT AND THE GRENADINES   
Form 5  For Official Use  
PATENTS ACT, 2004   
APPLICATION TO REGISTER, OR TO GIVE 
NOTICE OF, TRANSACTION, E TC., 
RECORDING OF TRANSMISSION OF 
RIGHTS AND INTERESTS ETC.; 
RECORDING OF CHANGE IN OWNERSHIP  Received on:  
To: The Registrar  
Commerce and Intellectual Property O ffice  
 Applicant’s or Representative’s File Refe rence:  
 I. IN THE MATTER OF:   
  Patent App lication No.:  Filing Date:  
  Application for Utility Certificate No.:  Filing Date:  
  Patent No.:  Date of Grant:  
  Utility Certificate No.:  Date of Grant:  
 II. APPLICATION TO REGISTER, OR TO GIVE NOTICE OF, TRANSACTION, ETC.  
  Name(s):  
  Address(es):  
 III. REQUEST FOR RECORDING OF TRANSMISSION OF RIGHTS AND INTE RESTS  
  The Registrar is hereby requested to record the transmission of rights and interests of the 
above -identified ................................ ................................ ................................ ......  
The present applicant(s)/owner(s) is/are identified below.  
The new appl icant(s)/new owner(s) is/are identified below.  
FORMER APPLICANT(S)/OWNER(S):  
Name(s):  
Address(es):  
NEW APPLICANT(S)/OWNER(S):  
Name(s):  
Address(es):  
Address for service in Saint Vincent and the Grenadines  
Nationality/nationalities:  
Country/countrie s of residence or principal place(s) of business:  
Tel. No.:  Telegraphic  
Address(es):  Telex No.:  Fax: No.:  
 IV. ADDITIONAL INFORMATION  
The following items accompany this Form:  
The original or a certified copy of the document evidencing the transmissio n of rights and 
interests, signed by or on behalf of the contracting parties.  
Other documents evidencing the transmission of rights and interests (specify).  
Fees 
Other (specify)  
V. SIGNATURES  
V. SIGNATURES  
 ................................ ................................ ....  (Person(s) making the  ...............................   
 applic ation)  (Date) 
 ................................ ................................ ....  [New Applicant(s) New  ............................   
 Owners(s)]  (Date)  
 ................................ ................................ ....  [Former Applicant(s)/  ...............................    Owners(s)]  (Date)