Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  1 
Revision Date: 31 Dec 2002  
 
ST CHRISTOPHER AND N EVIS  
CHAPTER 1 8.25 
PATENTS ACT  
and Subsidiary Legislation  
Revised Edition  
showing the law as at 31 December 2002  
This is a revised edition of the law, prepared by the Law Revision Commissioner under the 
authority of the Law Revision A ct, No. 9 of 1986  
This edition contains a consolidation of the following laws : 
Patents  Act 
Act 9 of 2000 in force 1st June , 2002  
Patents Regulations  6/637 – Preserved by Section 70 
Patent (Fees) Regulations  – SRO 31  of 1998 – Preserved by Section  70 
Regist ration of United Kingdom Patent Rules  – SRO 14  of 1927  
 Amended by  SRO 37  of 1998  
Patents (Public Officers) Regulations – SRO 15 of 1933  – Preserved by Section 70 Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  3 
Revision Date: 31 Dec 2002  
CHAPTER 18.25  
PATENTS ACT  
ARRANGEMENT OF SECTIONS  
PART I – PRELIMINARY  ................................ ................................ ................................ ... 7 
1. Short title  ................................ ................................ ................................ ................  7 
2. Interpretation  ................................ ................................ ................................ ..........  7 
PART II – ADMINISTRATION  ................................ ................................ ..........................  8 
3. Intellectual Property office  ................................ ................................ .....................  8 
4. Registrar , etc. ................................ ................................ ................................ ..........  8 
5. Powers and functions of the Registrar  ................................ ................................ .... 8 
6. Seal ................................ ................................ ................................ .........................  9 
7. Register  ................................ ................................ ................................ ...................  9 
PART III – PATENTABILITY OF INV ENTIONS  ................................ .............................  9 
8. Patentable Inventions  ................................ ................................ ..............................  9 
9. Novelty  ................................ ................................ ................................ .................  10 
10. Matters excluded from patent protection  ................................ ..............................  10 
PART IV – RIGHT TO APPLY FOR A ND OBTAIN A PATENT  ................................ ... 11 
11. Right to apply for a patent  ................................ ................................ ....................  11 
12. Right to a patent  ................................ ................................ ................................ .... 11 
13. Invention made by an employee or pursuant to a c ommission  .............................  11 
14. Judicial assignment of patent application or patent  ................................ ..............  12 
15. Mention of inventor  ................................ ................................ ..............................  12 
PART V – APPLICATION FOR A PA TENT  ................................ ................................ .... 13 
16. Application for a patent  ................................ ................................ ........................  13 
17. Unity of invention  ................................ ................................ ................................ . 14 
18. Amendment of application  ................................ ................................ ....................  14 
19. Joint applicants  ................................ ................................ ................................ ..... 14 
20. Right of priority  ................................ ................................ ................................ .... 14 
21. Conversion of patent application  ................................ ................................ ..........  15 
22. Information concerning corresponding foreign applications  ................................  15 
23. Disclosure of matter etc., between earlier and later applications  ..........................  16 
24. Date of filing application  ................................ ................................ ......................  16 
25. Examination  ................................ ................................ ................................ ..........  17 
26. Refusal or grant of patent ................................ ................................ ......................  17 
PART VI – PROVISIONS AS TO PATENTS AFTER GRANT  ................................ ....... 18 
27. Duration and maintenance of patent  ................................ ................................ ..... 18 4 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
28. Surrender of patent or claim  ................................ ................................ .................  18 
29. Effect of registration, etc., on rights in patents ................................ .....................  19 
PAR T VII – PROPERTY IN APPLICATIONS FOR PATENT AND PATENTS ............  20 
30. Nature of and transactions in patents  ................................ ................................ ... 20 
31. Joint ownership of patents  ................................ ................................ ....................  21 
PART VIII – RIGHTS OF OWNER OF PATENT  ................................ ............................  21 
32. Rights conferred by a patent ................................ ................................ .................  21 
33. Right to continue use begun before date of filing or priority  ...............................  22 
34. Exploitation by Government or person authorised th ereby  ................................ .. 23 
35. Prevention of indirect use of invention  ................................ ................................  24 
PART IX – VOLUNTARY AND NON -VOLUNTARY LICENCES  ...............................  25 
36. Voluntary licences  ................................ ................................ ................................  25 
37. Non-voluntary licences  ................................ ................................ ........................  26 
38. Exercise of powers on applications under section 46  ................................ ...........  27 
PART X – INFRINGEMENT  ................................ ................................ ............................  27 
39. Infringement  ................................ ................................ ................................ .........  27 
40. Action for  infringement  ................................ ................................ ........................  27 
41. Restriction on recovery of damages for infringement  ................................ ..........  28 
42. Relief for infringement of partially valid patent ................................ ...................  28 
43. Certificate of contested validit y of patent  ................................ ............................  29 
44. Proceedings for infringement by exclusive licensee  ................................ ............  29 
45. Effect of non -registration on infringement proceedings ................................ ....... 29 
PART XI – REVOCATION OF PATENT  ................................ ................................ ........  30 
46. Application for revocation of patent  ................................ ................................ .... 30 
47. Amendment of patent in infringement or revocation proceedings  .......................  30 
PART XII – UTILITY CERTIFICATES  ................................ ................................ ...........  31 
48. Provisions applicable to utility certificates  ................................ ..........................  31 
49. Qualification for utility certificate  ................................ ................................ ........  31 
50. Term of utility certificate  ................................ ................................ .....................  31 
51. Grounds for revocation  ................................ ................................ ........................  31 
52. Conversion of application  ................................ ................................ ....................  32 
PART XIII – INTERNATIONAL ARRANG EMENTS  ................................ ....................  32 
53. Notification as to convention countries  ................................ ................................  32 
54. Implementati on of Patent Co -operation Treaty  ................................ ....................  32 
55. Judicial notice of certain treaties and instruments thereunder  ..............................  33 
PART XIV – GENERAL PROVISIONS  ................................ ................................ ...........  33 
56. Changes in ownership  ................................ ................................ ..........................  33 
57. Correction of errors  ................................ ................................ ..............................  34 
58. Extension of time  ................................ ................................ ................................ . 34 Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  5 
Revision Date: 31 Dec 2002  
59. Exercise of discretionary powers  ................................ ................................ ..........  34 
60. Agents  ................................ ................................ ................................ ...................  34 
61. Jurisdiction of Court  ................................ ................................ .............................  34 
62. Offences  ................................ ................................ ................................ ................  34 
63. Immunity regarding official acts  ................................ ................................ ...........  36 
64. Registrar’s annual report  ................................ ................................ .......................  36 
65. Saving in respect of rig hts to sell forfeited articles  ................................ ...............  36 
66. Time limit for prosecution  ................................ ................................ ....................  37 
67. Regulations  ................................ ................................ ................................ ...........  37 
68. Administrative Instructions  ................................ ................................ ...................  37 
69. Act to bind Cr own ................................ ................................ ................................  37 
FIRST SCHEDULE  ................................ ................................ ................................ .... 38 
SECOND SCHEDULE  ................................ ................................ ...............................  68 
THIRD SCHEDULE  ................................ ................................ ................................ ... 70 
FOURTH SCHEDULE  ................................ ................................ ...............................  73 Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  7 
Revision Date: 31 Dec 2002  
CHAPTER 1 8.25 
PATENTS ACT  
AN ACT to make provision in respect of patents, and , in part icular , to provide 
for the protection of patents; to give effect to certain internationa l conventions on 
patents; and to provide for related or incidental matters.  
PART I – PRELIMINARY  
1. Short title . 
This Act may be cited as the Patents Act.  
2. Interpreta tion. 
In this Act, unless the context otherwise requires,  
“Court” means the High Court;  
“foreign application” means any application for a patent filed by an 
applicant outside Saint Christopher and Nevis;  
“International Patent Classification” means the clas sification according to 
the Strasbourg Agreement o f March 24, 1971;  
“invention” means an idea of an inventor which permits in practice the 
solution to a specific problem in the field of technology;  
“Minister” means the Minister responsible for patents ; 
“Paris Convention” means the Paris Convention for the Protection of 
Industrial Property of March 20, 1883 as last revised;  
“patent” means a title granted to a patentee by the Registrar, which protects 
the patentee’s right in an invention;  
“patentee” means the  person to whom a patent is granted;  
“Patent Co -operation Treaty” means the Patent Co -operation Treaty of June 
19, 1970;  
“priority date” means the date of the earlier application that serves as the 
basis for the right of priority provided for in the Paris Convention;  
“Register” means the Register of Patents referred to in section 7 of this Act;  
“Registrar” means the Registrar of the office responsible for granting 
patents;  
“utility model certificate” means a certificate granted for an invention under 
Part X II of this Act.  8 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
PART II – ADMINISTRATION  
3. Intellectual Property office . 
There is, in accordance with the provisions of section 63 of the Constitution, 
established an office to be known as the Intellectual Property Office, which office shall, in 
accordanc e with the provisions of this Act, be responsible for the administration of all laws 
relating to intellectual property.  
4. Registrar , etc. 
(1) There shall, for the purposes of this Act , be appointed a Registrar of 
Intellectual Property who shall be a publi c officer, and who shall, subject to the control of 
the Minister, be responsible for performing such functions and duties, and exercise such 
powers as are conferred on him  or her  by this or any other enactment.  
(2) There shall be appointed a Deputy Registr ar of Intellectual Property and 
such number of Assistant Registrars as are considered necessary, and their offices shall be 
public offices.  
(3) The Deputy Registrar and Assistant Registrars shall perform such functions, 
and exercise such powers as the Mini ster may, by Order, delegate to them, except that in 
performing their functions and exercising their powers they shall be under the 
superintendence and direction of the Registrar.  
5. Powers and functions of the Registrar . 
(1) The Registrar shall perform th e functions and exercise the powers specified 
in this section, that is to say,  
(a) process all applications made under this Act;  
(b) grant patents and register utility model certificates;  
(c) administer granted patents and registered utility model certific ates; 
(d) carry out studies, programmes or exchanges of items or services 
regarding domestic and international patent law;  
(e) promote inventiveness among citizens of Saint Christopher and 
Nevis;  
(f) provide patent information services such as making avail able, for use 
by the public, in the prescribed manner, and on payment of any 
prescribed fees, patent literature.  
(2) The Minister may give the Registrar written directions which are not 
inconsistent with the provisions of this Act, concerning the exercise and performance of 
powers and functions in relation to any matter which appears to the Minister to concern the 
development of industrial property and other matters related thereto, and the Registrar 
shall comply with such directions.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  9 
Revision Date: 31 Dec 2002  
6. Seal. 
(1) The Regis trar shall have a seal approved by the Minister, which he  or she 
shall  affix to every document issued by him  or her , and to any copy of a document issued 
by him  or her  in lieu of the original document.  
(2) Impressions of the Registrar’s seal shall be judic ially noticed and admitted in 
evidence.  
7. Register . 
(1) The Registrar shall maintain a Register of Patents in which he or she shall 
record all matters required by this Act or the Regulations made thereunder, to be recorded, 
and shall also, in a section of  the Register created for that purpose, register utility 
certificates.  
(2) Any person may, upon payment of the prescribed fee, and in accordance 
with any prescribed conditions, consult, inspect or make a copy of, or obtain an extract 
from the Register.  
(3) The Register shall be prima facie  evidence of anything required or 
authorised by this Act to be registered, and shall be admissible and sufficient evidence of 
any such thing.  
(4) A certificate signed by the Registrar and certifying that an entry which he or 
she is authorised by this Act to make has been made or has not been made, or that any 
other thing which he  or she is authorised to do has or has not been done, shall be prima 
facie  evidence, and shall be admissible and sufficient evidence, of the matter s so certified.  
(5) The following documents, that is to say, a copy of  
(a) an entry in the Register or an extract from the Register which is 
supplied under subsection (2) of this section; and  
(b) any document kept by the Registrar, or an extract from any s uch 
document, which is to be a certified copy or a certified extract;  
shall be admissible in evidence without further proof, and such evidence shall be sufficient 
evidence of the matter stated therein, unless there is evidence that the copy of the entry, 
extract, or document, as the case may be, was tampered with.  
(6) In this section, “certified copy” or “certified extract” means a copy or extract 
certified by the Registrar and sealed with his  or her seal. 
PART III – PATENTABILITY OF INV ENTIONS  
8. Patentabl e Inventions . 
(1) Subject to section 10 of this Act, a patent in respect of an invention shall be 
granted only if the invention satisfies the following conditions, that is to say,  
(a) if the invention is new;  
(b) if the invention involves an inventive step ; and  
(c) if the invention is capable of industrial application.  10 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) An invention may be, or may relate to, a product or a process.  
(3) For the purposes of this Act, an invention shall be considered to involve an 
inventive step if, having regard to the pri or art relevant to the application claiming the 
invention as defined in subsection (2) of section 8, it is not obvious to a person having 
ordinary skill in the art.  
(4) For the purposes of this Act, an invention shall be considered to be capable 
of industr ial application if it can be made or used in any kind of industry including 
agriculture, fishery, handicraft and services.  
9. Novelty . 
(1) An invention shall be considered to be new if the invention does not form 
part of a prior art.  
(2) For the purposes o f this Act, prior art in relation to an invention means 
anything which has, at any time prior to the filing date or, where priority is claimed, the 
priority date, of the application claiming the invention, been disclosed to the public 
anywhere in the world  by oral or written description, by use, or in any other way.  
(3) For the purposes of subsection (2) of this section, the disclosure to the public 
of matter constituting an invention shall not be taken into consideration if it occurred 
within twelve months  immediately preceding the filing date or, where priority is claimed, 
the priority date of the application, and the disclosure was due to or in consequence of  
(a) acts committed by the applicant or his  or her  predecessor in title; or  
(b) an abuse committed  by a third party with regard to the applicant or 
his or her 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 prior art shall not prevent the invention from being taken to be 
new if the use of the substance or composition in any such method does not form part of 
prior a rt. 
10. Matters excluded from patent protection . 
(1) The following, even if they are inventions within the meaning of this Act, 
shall be excluded from patentability, that is to say, anything which consists of  
(a) a discovery, scientific theory or mathemati cal method;  
(b) a scheme, rule or method for doing business, performing a mental act 
of playing a game; and  
(c) methods for the treatment of the human or animal body by surgery or 
therapy, as well as diagnostic methods practised on the human or 
animal body . 
(2) Paragraph (c) of subsection (1) of this section shall not apply to products for 
use in any of the methods specified therein.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  11 
Revision Date: 31 Dec 2002  
(3) A patent shall not be granted in respect of an invention if the commercial 
exploitation of the invention in Saint Christo pher and Nevis would be  
(a) contrary to public order or morality;  
(b) prejudicial to human, animal or plant life or health; or  
(c) prejudicial to the environment.  
(4) The refusal to grant a patent in respect of an invention referred to in 
subsection (3) of  this section shall not be based solely on the ground that the commercial 
exploitation is prohibited by a law in force in Saint Christopher and Nevis.  
PART IV – RIGHT TO APPLY FOR A ND OBTAIN A PATENT  
11. Right to apply for a patent . 
Where a person, either alone or jointly with another, makes an invention that 
satisfies the requirements of sections 8 and 9 of this Act, he or she may make an 
application for a patent under this Act either alone or jointly with another.  
12. Right to a patent . 
(1) The right to a  patent shall belong to the inventor.  
(2) If two or more persons have made an invention jointly, the right to the 
invention shall belong to them jointly.  
(3) Where two or more persons make the same invention independently of each 
other, the person whose ap plication  
(a) bears the earliest filing date; or  
(b) bears the earliest validly claimed priority date, if priority is claimed;  
shall, unless the application is abandoned or withdrawn by the applicant, or rejected by the 
Registrar, have the right to the pat ent. 
(4) The inventor shall be named as such in the patent unless in a special written 
declaration signed by him  or her and addressed to the Registrar, he indicates that he  or she  
does not wish to be so named.  
(5) The right to a patent may be assigned or t ransferred by succession.  
13. Invention made by an employee or pursuant to a commission . 
(1) In the absence of any provisions to the contrary in any contract of 
employment 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 the provisions of section 12, be deemed to accrue to the employer, or the 
person who commissioned the work, as the case may be.  
(2) Where an invention, referred t o in subsection (1) of this section, acquires an 
economic value much greater than the parties could reasonably have foreseen at the time of 
concluding the contract of employment or for the execution of the work, as the case may 12 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
be, the inventor shall be en titled to equitable remuneration which may be fixed by the 
Court in the absence of agreement between the parties.  
(3) Subject to subsection (4) of this section, where an employee, whose contract 
of employment does not require him  or her  to engage in any in ventive activity, makes an 
invention in the field of activities of his or her employer using data or means placed at his  
or her  disposal by his  or her  employer, the right to the patent for the invention shall, in the 
absence of any provision in the contrac t of employment to the contrary, be deemed to 
accrue to the employer.  
(4) Where a patent is vested in the employer by virtue of subsection (3) of this 
section the employee shall be entitled to equitable remuneration which, in the absence of 
agreement betwe en the parties, shall be fixed by the Court taking into account his or her 
emoluments, the economic value of the invention and any benefit derived from it by the 
employer.  
(5) Where an employee, whose contract of employment does not require him  or 
her to engage in an inventive activity or field of activity different to that of his or her 
employer, makes an invention without using information or means put at his  or her  
disposal by the employer the right to the patent for the invention shall accrue to the 
employee.  
(6) The rights conferred on the inventor under subsections (1), (2), (3), (4) and 
(5) of this section shall not be restricted by contract.  
(7) This section shall not apply to an invention made before the coming into 
force of this Act.  
14. Judicial a ssignment of patent application or patent . 
(1) Where the essential elements of the invention claimed in a patent application 
or patent have been unlawfully derived from an invention for which the right to the patent 
belongs to another person, such other pe rson may apply to the Court for an order that the 
said patent application or patent be assigned to him  or her . 
(2) The Court shall, upon receipt of the application, make such orders and grant 
such relief as it sees fit.  
(3) No application for the assignmen t of a patent under subsection (1) of this 
section shall be entertained by the Court after the expiry of five years from the date of the 
grant of the patent, unless it is shown that the person registered as a proprietor of the patent 
knew at the time of th e grant or transfer of the patent to him  or her , as the case may be, that 
he or she  was not entitled to the patent.  
15. Mention of inventor . 
(1) The inventor or joint inventors of an invention shall have a right to be 
mentioned as such in any patent grante d for the invention unless, in a written declaration 
addressed to the Registrar, he  or she  indicated or, in the case of joint inventors, they 
indicated a wish not to be named.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  13 
Revision Date: 31 Dec 2002  
(2) Any promise or undertaking by the inventor made to any person to the effect 
that he  or she  will make a declaration referred to in subsection (1) of this section shall be 
void.  
PART V – APPLICATION FOR A PA TENT  
16. Application for a patent . 
(1) An application for a patent shall be made to, and filed with the Registrar, 
which applic ation shall be in the prescribed form.  
(2) The application shall contain the following information, that is to say,  
(a) a request for the grant of a patent;  
(b) a specification containing a description of the invention;  
(c) a claim or claims and any drawin gs referred to in the description or 
any claim; and  
(d) an abstract.  
(3) The request referred to in paragraph (a) of subsection (2) of this section shall 
contain the following, that is to say,  
(a) a petition that a patent be granted;  
(b) the name of and ot her prescribed information relating to the 
applicant, the inventor, and agent, if any; and  
(c) the title of the invention.  
(4) Where the applicant is not the inventor or a joint inventor, the request shall 
be accompanied by a written statement justifying t he applicant’s right to the patent.  
(5) The description referred to in subsection (1) of this section shall disclose the 
invention in a manner which is sufficiently clear and complete to permit a person having 
ordinary skill in the art to carry out the inv ention, and shall, in particular, indicate at least 
one mode known to the applicant in which the invention can be carried out.  
(6) The claim or claims referred to in subsection (2) of this section shall  
(a) define the matter for which protection is sought;  
(b) be clear and concise; and  
(c) be supported by the description.  
(7) The description and the drawings may be used to interpret the claim or 
claims.  
(8) The Registrar may require an applicant to file drawings where these are 
necessary for the understandi ng of the invention.  
(9) The purpose of the abstract referred to in subsection (2) is to provide 
technical information and shall not be taken into account for the purpose of interpreting the 
scope of the protection sought.  14 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(10) An applicant may, at anytime  before the patent is granted, withdraw his or 
her application.  
(11) An application for a patent shall be accompanied by the prescribed 
application fee.  
17. Unity of invention . 
(1) An application for a patent shall relate to one invention only or to a grou p of 
inventions so linked as to form a single general inventive concept.  
(2) The applicant may, at anytime before a patent is granted, 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.  
(3) Each divisional application shall be accorded the filing date and, where 
applicable, the priority date, of the initial applicatio n. 
(4) The fact that a patent has been granted on an application that did not comply 
with the requirement of unity of invention under subsection (1) of this section shall not be 
a ground for the invalidation of the patent.  
18. Amendment of application . 
The applicant may, at any time before a patent is granted, amend the application, 
but the amendment shall not include any matter which was not disclosed in the initial 
application as filed.  
19. Joint applicants . 
(1) Where two or more persons apply jointly for  a patent they shall, in the 
absence of an agreement to the contrary, have equal undivided shares in the application 
and none of them shall deal with the application in any way without the consent of the 
other.  
(2) Notwithstanding the provisions of subsect ion (1) of this section, if any step 
is required to be taken to save the application from being abandoned, any applicant may, 
on his  or her  own behalf and on behalf of any other joint applicant, take such step without 
recourse to the other applicant or app licants.  
20. Right of priority . 
(1) An applicant for a patent may, as provided for in the Paris Convention, 
contain a declaration claiming priority of one or more earlier national, regional or 
international applications filed by an applicant or his  or her  predecessor in title  
(a) in a country that is a party to the Paris Convention;  
(b) for any State party to the Paris Convention; or  
(c) for any member of the World Trade Organisation.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  15 
Revision Date: 31 Dec 2002  
(2) Where the application contains a declaration referred to in subsectio n (1) of 
this section the Registrar may require  
(a) that the applicant furnishes, within the prescribed time, a copy of the 
earlier national, regional or international application certified as 
correct by the office with which it was filed; and  
(b) where th e earlier application is not in English, that the application be 
translated into English and be verified by the translator that the 
translation is to the best of his  or her  knowledge complete and true.  
(3) The effect of the declaration referred to in subse ction (1) of this section shall 
be as provided in the Paris Convention.  
(4) Where any of the requirements of this section or the regulations made in that 
respect are not being complied with, the declaration referred to in subsection (1) of this 
section sha ll be considered not to have been made.  
21. Conversion of patent application . 
An applicant for a patent may, at anytime before the grant or refusal of a patent and 
upon payment of the prescribed fee, convert his  or her  application into an application for 
an utility model certificate.  
22. Information concerning corresponding foreign applications . 
(1) The applicant shall, if requested by the Registrar, furnish him  or her  with the 
date and number of any other application for a patent filed by him  or her  abroad  relating to 
the same or essentially the same invention as that claimed in the application filed with the 
Registrar.  
(2) The applicant shall also, if requested by the Registrar, furnish him  or her  
with the following documents relating to any of the foreign  applications referred to in 
subsection (1) of this section, that is to say,  
(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 application;  
(b) a copy of the p atent or other title of protection granted on the basis of 
the foreign application;  
(c) a copy of any final decision rejecting the foreign application or 
refusing the grant requested in the foreign application;  
(d) a copy of any final decision invalidating  the patent granted on the 
basis of the foreign application referred to in subsection (1) of this 
section.  
(3) Paragraphs (a) and (c) of subsection (2) of this section shall not apply where 
the Office of the Registrar is an elected office within the meanin g of section 55 of this Act 
and has received or will receive an international preliminary examination report.  16 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(4) Any document furnished pursuant to the provisions of this section.  
(a) shall, if not in English, be accompanied by a translation of the 
docume nt in English verified by the translator that the translation is to 
the best of his or her knowledge complete and true; and  
(b) may be used only for facilitating the evaluation of the novelty and 
inventive step of the invention for which the patent applica tion is 
made.  
23. Disclosure of matter etc., between earlier and later applications . 
Where an application is made for a patent under section 16 of this Act , and a 
declaration is made in accordance with the provisions of subsection (1) of section 20 of 
this Act, in or in connection with that application specifying an earlier application, the 
first-mentioned application and any patent granted in pursuance thereof shall not be 
invalidated by reason only of the fact that any subject matter disclosed in the earl ier 
application was made available to the public at anytime after the date of filing the earlier 
application.  
24. Date of filing application . 
(1) The Registrar shall accord as the filing date of an application for a patent the 
date of receipt of the applic ation, so long as, at the time of receipt of the application, the 
following requirements are satisfied, that is to say,  
(a) the documents filed contain an express or implied indication that a 
patent is sought in pursuance of the application;  
(b) the docume nts filed identify the applicant or applicants for the patent;  
(c) the documents filed contain a description of the invention for which a 
patent is sought.  
(2) Where the applicant’s application does not satisfy the requirements of 
subsection (1) of this section, the Registrar shall accordingly inform the applicant in 
writing and, subject to the provisions of section 18 of this Act, shall invite him  or her to 
file the required amendment, and upon the filing of the amendment, the Registrar shall 
accord, as th e filing date, the date of receipt of the amendment.  
(3) Where the applicant fails to make the amendment referred to in subsection 
(2) of this section, the application shall be treated as if it had not been filed.  
(4) Where an application for a patent refe rs to drawings which are not included 
in the application, the Registrar shall invite the applicant to furnish the missing drawings 
and, if the applicant complies, the Registrar shall accord as the filing date of the 
application, the date of receipt of the missing drawings.  
(5) Where the applicant fails to comply with the provisions of subsection (4) of 
this section, the Registrar shall accord as the filing date of the application, the date of 
receipt of the application and shall treat any reference to the s aid drawings as non -existent.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  17 
Revision Date: 31 Dec 2002  
25. Examination . 
After according a filing date, and if the application is not withdrawn, the Registrar 
shall examine the application to determine whether  
(a) it satisfies the requirements of subsections (1), (2), (3) and (10) of 
section 16 of this Act and the regulations pertaining thereto;  
(b) it complies with the requirements of this Act;  
(c) it complies with the requirements of the regulations as prescribed by 
the regulations to be formal requirements; and  
(d) information re quested under section 22, if any, has been provided.  
26. Refusal or grant of patent . 
(1) Subject to the provisions of subsections (2), (3) and (4) of section 24 of this 
Act, where the Registrar is not satisfied that the requirements of this Act and the 
regulations made under this Act have been satisfied or complied with, as the case may be, 
he or she  shall refuse the application, and shall accordingly inform the applicant in writing, 
stating the reasons for the refusal.  
(2) Where two or more applications fo r a patent, having the same filing date or 
the same priority date, are made in respect of the same invention and filed by the same 
applicant or his  or her  successor in title, the Registrar may, on that ground, refuse to grant 
a patent in respect of more th an one of the applications.  
(3) Where the Registrar refuses any one of the applications referred to under 
subsection (2) of this section he  or she  shall, in writing, accordingly inform the applicant, 
stating the reasons for his  or her  refusal.  
(4) Where th e Registrar is satisfied that the application, as originally filed or as 
amended, complies with the requirements of section 25 of this Act, he  or she  shall grant 
the applicant a patent.  
(5) Where the Registrar grants a patent, he  or she  shall  
(a) publish i n the Gazette  a notice of the grant of the patent;  
(b) issue a certificate of the grant of the patent and a copy of the patent to 
the applicant; and  
(c) record the patent in the Register.  
(6) The Registrar shall, on payment of the prescribed fee, make a co py of any 
patent granted under this section available to any person who requests such copy.  
(7) The Registrar shall, upon the request of the patentee, amend the text or 
drawings of the patent in order to limit the extent of the protection conferred by the patent, 
if the amendment would not result in the disclosure contained in the patent going beyond 
the disclosure contained in the initial application on the basis of which the patent was 
granted.  
(8) The patent shall be deemed to be granted on the date on w hich the Registrar 
publishes a notice of the grant of the patent.  18 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
PART VI – PROVISIONS AS TO PAT ENTS AFTER GRANT  
27. Duration and maintenance of patent . 
(1) Subject to subsection (2) of this section, a patent shall expire twenty years 
after the filing date  of the application for the patent.  
(2) In order to maintain an application for a patent or patents, the patentee or the 
applicant shall pay in advance to the Registrar for each year starting one year after the 
filing date of the application for the grant of the patent, the prescribed annual fee.  
(3) Where the period prescribed for the payment of the annual fee expires and 
payment of the said fee has not been made, the Registrar shall give the owner of the patent 
or the applicant, as the case may be, a peri od of grace not exceeding six months, within 
which he  or she  must pay the annual fee.  
(4) The patentee or applicant, as the case may be, shall, when paying the annual 
fee in accordance with subsection (3) of this section, also pay, to the Registrar, the 
surcharge prescribed for late payment.  
(5) An application for a patent shall be deemed to have been withdrawn if the 
annual fee is not paid in accordance with the provisions of this section.  
(6) A patent shall lapse if the annual fee is not paid in accordanc e with the 
provisions of this section.  
(7) If a patent ceases to have effect under this section, the Registrar shall enter 
the lapse in the Register and publish it in the Gazette . 
28. Surrender of patent or claim . 
(1) A patentee may, at anytime by notice g iven to the Registrar in the prescribed 
manner, offer to surrender his  or her  patent or one or more claims contained in his  or her  
patent.  
(2) Where an offer is made under this section, the Registrar shall advertise the 
offer in the prescribed manner and a ny interested person may, within the prescribed period 
commencing on the date of the publication of the advertisement, give notice to the 
Registrar of his or her opposition to the proposed surrender.  
(3) Where notice of opposition is duly given under this section, the Registrar 
shall notify the patentee in writing and determine the question.  
(4) Where the Registrar is satisfied that the patent or any claim or claims 
contained in the patent may properly be surrendered, he  or she  may accept the offer and 
record his  or her  acceptance in the Register and shall, as soon as practicable, publish a 
notice of his  or her  acceptance in the Gazette . 
(5) From the date of publication of the notice referred to under subsection (4) of 
this section, the patent or claim shal l 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 that date for purposes of the State.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  19 
Revision Date: 31 Dec 2002  
(6) Where a patent is granted to two or more persons, and a notice is required to 
be given as provided by subsection (1) of this section, the notice shall be signed by each of 
the joint patentees.  
29. Effect of registration, etc., on rights in patents . 
(1) Any person who claims  to have acquired property in an application for a 
patent or 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 which this section applies if, at the time of the later transaction,  
(a) the earlier transaction was not registered; or  
(b) in the case of an application for a patent, notice of the earlier 
transaction had not been given to the Registrar; and  
(c) in any ot her case, the person claiming under the later transaction did 
not know of the earlier transaction.  
(2) Subsection (1) of this section shall apply equally to the case where any 
person claims to have acquired any right in an application for a patent or under  a patent by 
virtue of a transaction to which this section applies, and that right shall be incompatible 
with the right acquired by virtue of an earlier transaction to which this section applies.  
(3) This section shall apply to the following transactions, that is to say,  
(a) the assignment of an application for a patent or patent s or a right in 
either of them, as the case may be;  
(b) the mortgage of an application for a patent or patents, or the granting 
of security over it;  
(c) the grant, assignment of a l icence or sub -licence, or mortgage of 
licence or sub -licence, under an application for a patent or patent s; 
(d) the death of  
 (i) the owner of an application for a patent,  
 (ii) the patentee or one of the joint patentees,  
 (iii) any person having a right i n an application for a patent or 
patents; and  
(e) any order or directions of a court or other competent authority  
 (i) transferring an application for a patent or patents, or any right in 
or under either of them, as the case may be, to any person; or  
 (ii) that an application 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 the order or give the directions.  
(4) Where an application for the registration of a transaction is ma de, while the 
transaction is not yet registered, registration of the application shall, for the purposes of 
subsection (1)(a) of this section, be treated as registration of the transaction.  
(5) For the purposes of this section, “transaction” includes an in struction and an 
event.  20 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
PART VII – PROPERTY IN APPLICAT IONS FOR PATENT AND PATENTS  
30. Nature of and transactions in patents . 
(1) Without being a thing in action,  
(a) an application for a patent; or  
(b) a patent;  
shall be personal property, and any of them , and any rights in or under them, as the case 
may be, may be transferred, created or granted in accordance with the provisions of 
subsections (2), (3), (4), (5), and (6) of this section.  
(2) Subject to the provisions of section 32.(2)(b) of this Act,  
(a) any application for a patent; or  
(b) any patent; and  
any right in either of them, as the case may be, may be assigned or mortgaged.  
(3) An application for a patent, a patent, or any right in either of them, as the 
case may be, shall vest by operation of la w in the same way as any other personal property, 
and may be vested by an assent of personal representative.  
(4) Subject to the provisions of section 32.(2)(b) of this Act, a licence may be 
granted under an application for a patent or patents for working t he invention which is the 
subject of the application or the patent, and  
(a) to the extent that the licence so provides, a sub -licence may be 
granted under that licence and the licence or sub -licence may be 
assigned or mortgaged;  
(b) the licence or sub -licence shall vest by operation of law in the same 
way as any other personal property, and may be vested by an assent 
of personal representative.  
(5) Any of the following transactions, that is to say,  
(a) an assignment or mortgage of  
 (i) an application for a patent,  
 (ii) a patent,  
 (iii) any right in an application for a patent or patents;  
(b) any assent relating to any  
 (i) application for a patent,  
 (ii) patent,  
 (iii) right in an application for a patent or patents;  
shall be void unless the transaction is in writing and signed by the parties or by the 
personal representatives of the parties to the transaction, and in the case of a body 
corporate, the transaction shall be signed in the same manner and sealed with the seal of 
that body.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  21 
Revision Date: 31 Dec 2002  
(6) An assignment of a n application for a patent, a patent, or a share in either of 
them, as the case may be, and an exclusive licence granted under any of them, as the case 
may be, may confer on the assignee or licensee the right of the assignor or licensor to bring 
proceeding s by virtue of the provisions of section 50 of this Act for a previous 
infringement.  
31. Joint ownership of patents . 
(1) Where a patent is granted to two or more persons jointly, each of the 
patentees shall, in the absence of any agreement to the contrary,  be entitled to an equal 
undivided share in the patent.  
(2) Subject to the provisions of subsection (4) of this section, a joint patentee 
shall not, in the absence of any agreement to the contrary, and in the absence of the 
consent of the joint patentee or  patentees, be entitled to  
(a) make use, exercise, or dispose of the patented invention;  
(b) grant a licence or assign or mortgage the whole or any part of his  or 
her interest in the patent; or  
(c) take any step or institute any proceedings relating to the  patent.  
(3) Where a patent is disposed of by a joint patentee, the person who acquires 
the patent, or any person making a claim through him  or her  shall be entitled to deal with 
that article in the same manner as though the article had been disposed of by  the patentees 
jointly.  
(4) Any joint patentee may institute proceedings for infringement of the patent 
and, if he  or she  does so, he  or she  shall give notice of the proceedings to the other joint 
patentee, who may, on notification, intervene as co -plainti ff and recover any damages in 
respect of any damage he  or she  may have suffered as a result of the infringement of the 
patent.  
PART VIII – RIGHTS OF OWNER OF P ATENT  
32. Rights conferred by a patent . 
(1) No person, other than the patentee, shall exploit a p atented invention in Saint 
Christopher and Nevis without the patentee’s authority.  
(2) For the purposes of this section, exploiting a patented invention means,  
(a) where the patent is granted in respect of a product,  
 (i) making, importing, offering for sa le, selling, and using it into 
Saint Christopher and Nevis; and  
 (ii) stocking the product for the purpose of offering it for sale or 
selling, or using it; and  
(b) where the patent is granted in respect of a process,  
 (i) using the process; and  
 (ii) doing  any act referred to in paragraph (a) in respect of a product 
obtained by means of that process.  22 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(3) Subject to subsection (4) of this section and to sections 33, 34, and 37 of this 
Act, the patentee may bring an action against any person who, without the authority of the 
patentee, exploits the patentee’s patented invention in Saint Christopher and Nevis.  
(4) The rights in a patent referred to in subsection (3) of this section shall not 
extend to  
(a) acts in respect of articles put on the market in Saint Ch ristopher and 
Nevis by the patentee or with his or her consent;  
(b) the use of articles on an aircraft, land vehicles or vessels of other 
countries which temporarily or accidentally enter the airspace, 
territory or waters of Saint Christopher and Nevis;  
(c) acts done only for experimental purposes relating to a patented 
invention;  
(d) 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; or  
(e) acts performed by any person who was, in good faith, while in Saint 
Christopher and Nevis, before the filing date or where priority is 
claimed, the priority date of the application on which the patent is 
granted, using the invention or making effective an d serious 
preparation for such use.  
(5) The right of prior user referred to in paragraph (e) of subsection (4) of this 
section may be transferred or devolve only together with the enterprise or business, or with 
that part of the enterprise or business in w hich the use or preparations for use have been 
made.  
33. Right to continue use begun before date of filing or priority . 
(1) Where a patent is granted, a person who, before the date of filing the 
application for a patent or, if priority was claimed, the dat e of priority, in good faith, while 
in Saint Christopher and Nevis, does an act which would constitute an infringement of the 
patent if it were then in force, or, in good faith, makes effective and serious preparations to 
do such an act, shall have the rig hts specified in subsection (2) of this section.  
(2) The rights referred to in subsection (1) shall be the following, namely,  
(a) to continue to do or, as the case may be, to do that act himself  or 
herself ; 
(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 referred to in paragraph (a) of this subsection;  
 (ii) to transmit the right referred to in paragraph (a) of this 
subsection to his  or her  heirs upon his  or her  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 preparations had been made to do it;  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  23 
Revision Date: 31 Dec 2002  
 (iii) to authorise the act to be done by any partners of his  or her  for 
the time being  in that business; and  
the doing of that act by virtue of the provisions of this subsection shall not amount to an 
infringement of the patent concerned.  
(3) The rights specified in subsection (2) of this section shall not include the 
right to grant a licen ce to any person to do an act referred to in subsection (1) of this 
section.  
(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) of this section, the 
recipient of t he product or a person claiming through him or her  may deal with the product 
in the same way as if it had been disposed of by a sole owner of the patent.  
34. Exploitation by Government or person authorised thereby . 
(1) Where  
(a) the public interest, in par ticular, National Security, Nutrition, Health, 
or the development of other vital sectors of the national economy so 
requires; or  
(b) the Minister has determined that the manner of exploitation, by the 
owner of the patent or his  or her  licensee, is anti -competitive, and he  
or she  is satisfied that the exploitation of the invention in accordance 
with this subsection would remedy such practice;  
the Minister may decide that, even without the agreement of the owner of the patent, a 
Government agency or a third p erson designated by the Ministry may exploit the 
invention.  
(2) The exploitation of the patented invention shall be limited to the purpose for 
which it was authori sed and shall be subject to the payment to the said owner of an 
adequate remuneration therefo r, taking into account the economic value of the Minister’s 
authorisation, as determined in the said decision, and, where a decision has been taken 
under subsection 1(b), the need to correct anti -competitive practices.  
(3) The Minister shall make his  or he r decision after hearing the owner of the 
patent and any interested person.  
(4) A request for the Minister’s authorisation to exploit a patented invention 
shall be accompanied by evidence that the owner of the patent has received, from the 
person seeking t he authori sation, a request for a contractual licence, but that that person 
has been unable to obtain such a licence on reasonable commercial terms and conditions 
and within a reasonable time.  
(5) Subsection (4) of this section shall not apply in cases of  
(a) 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 reasonably practicable.  
(b) public non -commercial use; and  24 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(c) anti-compe titive practices determined as such by the Minister in 
accordance with subsection (1)(b) of this section.  
(6) The exploitation of a patented invention in the field of semi -conductor 
technology shall only be authorised for public non -commercial use or where  a judicial or 
administrative body has determined that the manner of exploitation of the patented 
invention, by the owner of the patent or his  or her  licensee, is anti -competitive, and if the 
Minister is satisfied that the issuance of the non -voluntary lic ence would remedy such 
practice.  
(7) The authorisation shall not exclude  
(a) the conclusion of license contracts by the owner of the patent;  
(b) the continued exercise, by the owner of the patent, of his  or her  rights 
under section 33(2); or  
(c) the grant of a non -voluntary licence under section 38 of this Act.  
(8) Where a third person has been designated by the Minister, the authorisation 
may only be transferred with the enterprise or business of that person or with the part of 
the enterprise or business w ithin which the patented invention is being exploited.  
(9) The exploitation of the patented invention by the Government agency or 
third person designated by the Minister shall be predominantly for the supply of the market 
in Saint Christopher and Nevis.  
(10) Upon the request of the owner of the patent, of the Government agency or of 
the third person authori sed to exploit the patented invention, the Minister may, after 
hearing the parties, vary the terms of the decision authori sing the exploitation of the 
patented invention to the extent that changed circumstances justify such variation.  
(11) Upon the request of the owner of the patent, the Minister shall terminate the 
authorisation if he  or she  is satisfied, after hearing the parties, that the circumstances which 
led to his  or her  decision have ceased to exist and are unlikely to recur, or that the 
Government agency or third person designated by him  or her  has failed to comply with the 
terms of the decision.  
(12) Notwithstanding subsection (11) of this sectio n, the Minister shall not 
terminate the authorisation if he  or she  is satisfied that the need for adequate protection of 
the legitimate interests of the Government agency or third person designated by him  or her  
justifies the maintenance of the decision.  
35. Prevention of indirect use of invention . 
(1) While in force, a patent shall confer, on its owner, the right to prevent all 
persons not having his  or her  authori sation, from supplying or offering to supply in Saint 
Christopher and Nevis, a person (other than a person entitled to engage in commercial 
working of the patented invention) with means relating to an essential element of that 
invention, for putting it into effect therein, provided that the person knows, or it is obvious 
to a reasonable person in the circumstances that those means are suitable for putting, and 
are intended to put, that invention into effect.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  25 
Revision Date: 31 Dec 2002  
(2) The provisions of subsection (1) of this section shall not apply where the 
means referred to therein are staple commercial products, excep t where the person induces 
the person supplied to commit acts which the owner of the patent is entitled to prevent by 
virtue of section 33 of this Act.  
(3) Any person who commits an act referred to in paragraph (c) or (d) of section 
33.(4) of this Act shal l not be considered to be a person entitled to engage in commercial 
working of the invention for the purposes of subsection (1) of this section.  
PART IX – VOLUNTARY AND NON -VOLUNTARY LICENCES  
36. Voluntary licences . 
(1) Subject to section 33 of this Act, a  proprietor of a patent application or 
patent may grant a licence in respect of the relevant invention.  
(2) A licence contract concerning an application for a patent or patents shall be 
filed with the Registrar in writing and may, on payment of the prescri bed fee, be recorded 
in the register and the relevant notice published in a periodical as prescribed by the rules.  
(3) Until the contract referred to in subsection (2) of this section has been so 
recorded, the licence shall have no effect against third par ties, unless otherwise decided by 
the Court.  
(4) In the absence of any provision to the contrary in the terms of a licence 
contract, a licensee shall not extend to another person the authorisation conferred on him  
or her  by the owner in accordance with sub section (1) of this section, nor shall he or she 
assign or mortgage his or her licence.  
(5) In the absence of any provision to the contrary in the terms of a licence 
contract, the patentee may continue to enjoy the rights conferred on him  or her  by section s 
33 and 36 of this Act.  
(6) To the extent that the licence is granted as an exclusive licence, the patentee 
may not grant a licence in respect of the invention to a third person and may not himself  or 
herself  do any of the acts referred to in sections 33 and 36 of this Act.  
(7) If, before the expiration of the licence contract, any of the following events 
occur with respect to any patent application or patent, the subject of that contract,  
(a) the patent application is withdrawn or is deemed to be withdraw n; 
(b) the patent application 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, no longer be bound to make any payment 
directly relating to that paten t application or patent.  
(8) In any of the cases referred to in subsection (7) of this section, the licensee 
shall have the right to repayment of the payments already made and directly relating to the 
patent application or patent in question, provided he  or she  has not benefited from the 
licence.  26 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
37. Non-voluntary licences . 
(1) At any time after the expiration of four years from the date of grant of a 
patent under this Act or three years from the date of the filing, whichever is later, any 
person interested  may apply to the Court for the grant of a non -voluntary licence under the 
patent on the grounds that the patented invention is not being exploited or is being 
insufficiently exploited by working the invention in Saint Christopher and Nevis, or by 
importat ion into Saint Christopher and Nevis.  
(2) Notwithstanding subsection (1) of this section, a non -voluntary licence shall 
not be issued if the patentee satisfies the Court that circumstances exist which justify the 
non-exploitation or insufficient exploitati on of the patented invention in Saint Christopher 
and Nevis.  
(3) The Court shall, where it grants a non -voluntary licence, fix  
(a) the scope and function of the licence;  
(b) the time limit within which the licensee must begin to exploit the 
patented invent ion; and  
(c) the amount of the remuneration to be paid to the patentee, and the 
conditions of the payment thereof.  
(4) The beneficiary of the non -voluntary licence shall  
(a) have the right to exploit the patented invention in Saint Christopher 
and Nevis in  accordance with the Court’s order;  
(b) commence the exploitation of the patented invention within the time 
stipulated in the said order; and  
(c) thereafter, exploit the patented invention sufficiently.  
(5) Where the invention claimed in a patent, referred  to in this section as a “later 
patent”, cannot be exploited in Saint Christopher and Nevis without infringing a patent 
granted on the basis of an application benefiting from an earlier filing, or, where 
appropriate, priority date, referred to in this sect ion as an “earlier patent”, and if the 
invention claimed in the later patent involves an important technical advance of 
considerable economic importance in relation to the invention claimed in the earlier patent, 
the Court may, upon the application of the owner of the later patent, issue a non -voluntary 
licence to the extent necessary to avoid infringement of the earlier patent.  
(6) Where a non -voluntary licence is issued in accordance with subsection (5) of 
this section, the court shall, upon the applicati on of the owner of the earlier patent, issue a 
non-voluntary licence in respect of the later patent.  
(7) In the case of an application for the issuance of a non -voluntary licence in 
accordance with subsections (4) and (5) of this section, subsection (2) of  this section shall 
apply mutatis mutandis, except  that the Court need not fix any time limit.  
(8) In the case of a non -voluntary licence issued under subsection (1) of this 
section, the transfer shall only be made with the later patent, and, in the case o f a non -
voluntary licence issued under subsection (5) of this section, only with the earlier patent.  
(9) An application for a non -voluntary licence shall be subject to payment of the 
prescribed fee.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  27 
Revision Date: 31 Dec 2002  
(10) No licence shall be granted under this section in re spect of a patented 
invention in the field of semi -conductor technology.  
(11) Subsections (2), (3), (4), (5),  (6), (7), (8), (9), (10), (11)  and (12), of section 
35, and section 62(2) of this Act shall, mutatis mutandis , apply.  
38. Exercise of powers on ap plications under section 46 . 
The powers of the Court on an application under section 46 shall be exercised with 
a view to securing that the inventor or other person beneficially entitled to a patent 
receives reasonable remuneration having regard to the eco nomic value of the licence.  
PART X – INFRINGEMENT  
39. Infringement . 
Subject to the provisions of sections 33 .(4), 35 and 38 of this Act, the performance, 
in relation to a patent, of any act referred to in sections 33 and 36 of this Act without the 
authoris ation of the patentee shall, while it is in force, constitute an infringement of the 
patent.  
40. Action for infringement . 
(1) The patentee shall, in addition to any other right, remedy or action available 
to him  or her , have the right, subject to sections 33.(4), 35, 38 and 42 of this Act, to 
institute Court proceedings against any person who infringes the patent by performing, 
without his  or her  authorisation, any of the acts referred to in section 33(2) of this Act or 
who performs acts which make it likel y that infringement will occur.  
(2) A plaintiff in proceedings for infringement shall be entitled to relief by way 
of 
(a) an injunction restraining the defendant from any apprehended act of 
infringement;  
(b) an order for him  or her  to deliver up or destroy  any patented product 
in relation to which the patent is infringed or any article in which that 
product is inextricably comprised;  
(c) damages in respect of the infringement;  
(d) an account of the profits derived by him  or her  from the infringement;  
(e) any other relief provided for in the general law.  
(3) The Court shall not, in awarding damages under this section, also order, in 
respect of the same infringement, that the plaintiff be given an account of the profits 
derived from the infringement.  
(4) In an y proceedings for infringement, the defendant may counterclaim for the 
invalidation of the patent and, by way of defence, rely upon any ground on which a patent 
may be invalidated.  28 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(5) In any proceedings under this section, the plaintiff shall, before inst ituting 
the proceedings, give notice thereof to every licensee under the patent in question whose 
name is recorded in the Register, and the licensee shall be entitled to intervene as co -
plaintiff.  
(6) Where a licensee requests the owner of a title of prote ction granted under 
this Act to institute court proceedings for a specific relief and the owner fails to do so, the 
licensee may bring an action under this section and the Court shall grant any relief 
specified in subsection (2) or any other relief provide d for in the general law.  
(7) In any proceedings for infringement, other than criminal proceedings, where 
the subject matter of the patent is a process for obtaining a product, the burden of 
establishing that the product was not made by the process shall r est on the defendant if  
(a) the product is new; or  
(b) a substantial likelihood exists that the product was made using 
another process and the patentee has been unable , through reasonable 
efforts, to determine the process used.  
(8) In requiring the product ion of evidence in respect of subsection (7) of this 
section, the Court shall take into account the legitimate interests of the defendant in not 
disclosing his or her manufacturing and business secrets.  
(9) The Court shall, in awarding damages under this s ection, calculate such 
damages taking into account the amount of a reasonable royalty which would have been 
payable by a licensee or sub -licensee in respect of the patent concerned.  
41. Restriction on recovery of damages for infringement . 
(1) In proceeding s for infringement of a patent, damages shall not be awarded, 
and no order shall be made for an account of profits, against a defendant who proves that at 
the date of the infringement he or she was not aware, and had no reasonable grounds for 
supposing tha t the patent existed, and a person shall not be taken to have been so aware or 
to have had reasonable grounds for so supposing by reason only of the application to a 
product of the word “patent” or “patented”, or any word or 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 question.  
(2) Where an amendment of the specification of a patent is allowed under any of 
the provisions of this Act, no damages shall be awarde d in proceedings for an infringement 
of the patent committed before the decision to allow the amendment unless the Court is 
satisfied that the specification of the patent as published was framed in good faith and with 
reasonable skill and knowledge.  
42. Relief for infringement of partially valid patent . 
(1) If the validity of a patent is put in issue in proceedings for infringement of 
the patent and it is found that the patent is only partially valid, the Court may, subject to 
subsection (2) of this section , grant relief in respect of that part of the patent which is 
found to be valid and infringed.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  29 
Revision Date: 31 Dec 2002  
(2) Where, in the proceedings referred to in subsection (1) of this section, it is 
found that a patent is only partially valid, the Court shall not grant relief by way of 
damages, costs of expenses, except where the plaintiff proves that the specification 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 paten t 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 under this section the Court may direct that the 
specification of the pate nt shall be amended to its satisfaction upon an application made for 
that purpose under section 63, and an application may be so made accordingly, whether or 
not all other issues in the proceedings have been determined.  
43. Certificate of contested validit y of patent . 
(1) Where in any proceedings before the Court the validity of a patent to any 
exten t is contested and that 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 pa tent 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 judgment is made or given in fav our of the party relying on the 
validity of the patent as found in the earlier proceedings, that party shall, unless the Court 
otherwise directs, be entitled to his  or her costs or expenses as between attorney -at-law 
and client, other than the costs of ex penses of any appeal in the subsequent proceedings.  
44. 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 owner of the paten t to bring proceedings in 
respect of any infringement of the patent committed after the date of the licence, and 
references to the patentee in this Act relating to infringement shall be construed 
accordingly.  
(2) In awarding damages or granting any other r elief in the proceedings the 
Court shall take into consideration any loss suffered or likely to be suffered by the 
exclusive licensee as such as a result of the infringement, or, as the case may be, the profits 
derived from the infringement, so far as it c onstitutes an infringement of the rights of the 
exclusive licensee as such.  
(3) In any proceedings taken by an exclusive licensee by virtue of this section, 
the patentee shall be made a party to the proceedings, except that a defendant shall not be 
liable for any costs or expenses unless he  or she  enters an appearance and takes part in the 
proceedings.  
45. Effect of non -registration on infringement proceedings . 
Where by virtue of a transaction, instrument or event to which section 35 applies, a 
person becom es the owner or one of the owners or an exclusive licensee of a patent and the 
patent is subsequently infringed, the Court shall not award him  or her  damages or order  
 30 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
that he  or she be given an account of the profits in respect of the subsequent infringe ment 
occurring before the transaction, instrument or event is registered unless  
(a) the transaction, instrument or event is registered within a period of six 
months beginning with its date; or  
(b) the Court is satisfied that it was not practicable to regis ter the 
transaction, instrument or event before the end of that period, and that 
it was registered as soon as was practicable thereafter.  
PART XI – REVOCATION OF PATENT  
46. Application for revocation of patent . 
(1) Subject to the provisions of this Act, th e Court may, on the application of 
any interested party, revoke a patent on any of the following grounds:  
(a) that the invention is not an invention as defined in this Act;  
(b) that the patent concerned is not patentable under section 7 or does not 
satisfy  the requirements of sections 8 .(1), (2) and (3), and sections 9 
and 10;  
(c) that the invention is a matter which should, in accordance with 
section 11, have been excluded from patent protection;  
(d) that the patent was granted to a person who was not enti tled thereto 
under section 13 or 14, as the case may be;  
(e) that the patentee’s application did not satisfy the requirements of 
section 17 .(4) to (7);  
(f) that the subject matter of the patent extends beyond the content of the 
patent application as filed or, if the patent was granted on a divisional 
application, it extends beyond the content of the relevant earlier 
application as filed;  
(g) that the protection conferred by the patent has been extended by an 
amendment by an instrument which should not have been allowed.  
(2) A revoked patent, claim or part of a claim shall be regarded as being null and 
void from the date of the grant of the patent.  
(3) An application for the revocation of a patent shall be served on the patentee 
and filed with the Court in th e manner and within the time prescribed.  
(4) The Registrar of the High Court, if different from the Registrar of Patents, 
shall notify the Registrar of the final decision of the Court and the Registrar shall forthwith 
record it and publish a reference ther eto in the Gazette . 
47. Amendment of patent in infringement or revocation proceedings . 
(1) Subject to subsection (5) of this section, in any proceedings before the Court 
in which the validity of a patent is put in issue, the Court may allow the patentee to  amend 
the patent in such a manner, and subject to such terms as to advertising the proposed 
amendment and as to costs, expenses or otherwise, as the Court thinks fit.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  31 
Revision Date: 31 Dec 2002  
(2) Any interested person may give notice to the Court of his  or her  opposition 
to an am endment proposed by the patentee under this section, and if he  or she  does so the 
Court shall notify the owner and consider the opposition in deciding whether the 
amendment should be allowed.  
(3) An amendment of a description under this section shall have effect and shall 
always be deemed to have effect from the grant of the patent.  
(4) Where an application for an order under this section is made to the Court, 
the applicant shall notify the Registrar who shall be entitled and be heard, and shall appear 
if so directed by the Court.  
(5) No amendment shall be allowed under this section if it discloses matter 
which extends beyond that disclosed in the description of the granted patent or extends the 
scope of the protection conferred by the patent.  
PART XII – UTILITY CERTIFICATES  
48. Provisions applicable to utility certificates . 
(1) The provisions in this Act relating to applications for patents or to patents 
shall, unless otherwise provided under this Part, be applicable to utility certificates or to 
utility cer tificate applications, as the case may be.  
(2) Sections 7,  9, 24, 29, 30 .(1) and 60 .(a) shall not apply to utility certificate 
applications nor to utility certificates.  
49. Qualification for utility certificate . 
(1) A utility certificate may be granted onl y 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 immater ial to the function or application of the invention.  
50. Term of utility certificate . 
A utility model certificate shall expire seven years after the filing date of its 
application and shall not be renewed.  
51. Grounds for revocation . 
(1) Subject to the pro visions of this Act, the Court may, on the application of 
any interested person, revoke a utility model certificate on any of the following grounds, 
that is to say,  
(a) that the invention relating to the certificate is  
 (i) not new or industrially applicab le; or  
 (ii) contrary to public order or morality;  32 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(b) that the description and claim or claims does or do not disclose the 
invention in a manner which is sufficiently clear and complete to 
permit a person having ordinary skill in the art to carry out the 
invention, and do not indicate at least one mode known to the 
applicant for carrying out the invention;  
(c) that the claim or claims does not or do not define the matter for which 
protection is sought;  
(d) that the claim or claims is or are not clear or co ncise and is or are not 
fully supported by the description;  
(e) that the drawings necessary for the understanding of the invention 
have not been filed as required under this Act; and  
(f) that the person to whom the utility model certificate has been grante d 
is not the inventor or his or her successor in title.  
(2) An application for the invalidation of a utility model certificate shall be 
served on the person to whom the certificate has been issued and filed with the Court in the 
manner and time prescribed.  
(3) The Registrar of the High Court shall, unless he  or she  is also the Registrar 
of Patents, notify the Registrar of the decision of the Court to invalidate a utility model 
certificate and the Registrar shall forthwith record it and publish a reference i n the Gazette . 
52. Conversion of application . 
(1) At anytime before a patent is granted or before the refusal of a patent 
application is notified under this Act, an applicant for a patent may, in accordance with the 
prescribed conditions, request that his  or her  application be treated as a utility certificate 
application.  
(2) In the same circumstances mentioned in subsection (1) of this section, an 
applicant for a utility certificate may, in accordance with the prescribed conditions and 
upon payment of the prescribed fees, request that his or her application be treated as a 
patent application.  
(3) No person may convert an application under subsection (1) or (2) more than 
once.  
PART XIII – INTERNATIONAL ARRANG EMENTS  
53. Notification as to convention countries . 
The provisions of any international treaty in respect of industrial property to which 
Saint Christopher and Nevis is a party shall apply to matters dealt with by this Act and, in 
case of conflict with the provisions of this Act, shall prevail over the la tter. 
54. Implementation of Patent Co -operation Treaty . 
(1) The Patent Co -operation Treaty, referred to in this section as “the Treaty”, 
and any Regulations made thereunder shall be given full effect.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  33 
Revision Date: 31 Dec 2002  
(2) Where this Act does not provide for any matter prov ided for by the Treaty, 
the provisions of the Treaty shall apply.  
(3) The Registrar’s Office shall act as a receiving office, designated office and 
elected office as provided for in the Treaty.  
(4) The processing and examination of an international applica tion for a patent 
designating Saint Christopher and Nevis shall not commence before the expiration of the 
time limit prescribed in Articles 22 and 39 of the Treaty, except that such processing and 
examination may commence if the applicant files an express request at the Registrar’s 
Office within that time limit.  
(5) The Registrar 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 7 8 as provided for in Article 41, as the case may be, except with the 
consent of the applicant in writing.  
(6) Where an international application for a patent which purports to designate 
Saint Christopher and Nevis is refused an international filing date un der this Treaty 
because  
(a) it is declared considered 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 
Christopher and Nevis is consider ed withdrawn;  
and the Registrar determines that the refusal was caused by an error or omission in the 
Registrar’s Office or any other institution having functions under the Treaty, he  or she  may 
direct that the application shall be treated as an applicatio n under this Act.  
55. Judicial notice of certain treaties and instruments thereunder . 
(1) Judicial notice shall be taken of the Paris Convention, the Budapest Treaty, 
the Patent Corporation Treaty and of any bulletin, journal or Gazette  published under suc h 
Convention or Treaty.  
(2) Any document referred to in any such bulletin, journal or Gazette  shall be 
admissible as evidence of any instrument or other act thereby communicated, or of any 
institution established by or having functions under any Convention  or Treaty mentioned 
in subsection (1).  
PART XIV – GENERAL PROVISIONS  
56. Changes in ownership . 
(1) Any change in the ownership of a patent or utility model certificate or in the 
ownership of the application therefor shall be in writing and shall, upon the  request of any 
interested party to the Registrar, be recorded and, except in the case of an application, be 
published in the Gazette . 34 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) A change under subsection (1) of this section shall be of no effect against 
third parties until it has been recorded.  
57. Correction of errors . 
(1) The Registrar may, of his  or her  own volition or upon the written request of 
any interested person, correct any clerical error or error in translation or transcription in 
any application filed under this Act, or in any docume nt filed in pursuance of such 
application, and the Registrar may also correct any clerical error in the Register.  
(2) Subsection (1) of this section shall not be construed as giving the Registrar 
any power to correct in the Register, any application or doc ument in a material way.  
58. Extension of time . 
(1) Where the Registrar is satisfied that the circumstances justify it, he or she 
may, upon the written request of any interested person, and upon such terms as he  or she  
may direct, extend the time for doing  any act or taking any proceeding under this Act and 
the Regulations.  
(2) The extension may be granted even though the time for doing the act or 
taking the proceeding has expired.  
(3) The Registrar shall give written notice of any extension to the parties 
concerned.  
59. Exercise of discretionary powers . 
The Registrar shall, before exercising any discretionary power vested in him  or her  
by this Act or the Regulations made thereunder, give any party to a proceeding before him  
or her  the opportunity of being h eard if his  or her  decision might adversely affect that 
party.  
60. Agents . 
Any applicant whose ordinary residence or principal place of business is outside 
Saint Christopher and Nevis shall be represented by a legal practitioner who is resident in 
Saint Ch ristopher and Nevis and practising in Saint Christopher and Nevis in accordance 
with the relevant law.  
61. Jurisdiction of Court . 
(1) The Court shall have jurisdiction in cases of disputes relating to the 
application of this Act and the Regulations, and in  matters which, under this Act, may be 
brought before it.  
(2) Any person who is aggrieved by a decision of the Minister or the Registrar 
under this Act may, within two months of that decision, appeal to the Court.  
62. Offences . 
(1) Any person who intention ally or wilfully performs an act which constitutes 
an infringement as defined under section 40 of this Act commits an offence, and is liable to Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  35 
Revision Date: 31 Dec 2002  
a fine of not less than fifteen thousand dollars and not more than forty thousand dollars, or 
to imprisonment fo r a term of not less than five years and not more than twelve years , or 
both.  
(2) Any person who, knowing the same to be false,  
(a) makes or causes to be made a false entry in the Register;  
(b) makes or causes to be made any document falsely purporting to be a 
copy of an entry in the Register; or  
(c) produces, tenders or causes to be produced or tendered as evidence 
any such entry or copy thereof,  
commits an offence and is liable to a fine of not less than ten thousand dollars and not 
more than thirty thous and dollars, or to imprisonment for a term of not less than three 
years and not more than ten years, or both.  
(3) Any person who, knowing the same to be false, makes a false statement or 
representation that  
(a) a patent or utility model certificate has bee n granted to him  or her  or 
to any other person in respect of any invention; or  
(b) he or she  has been granted an exclusive or non -voluntary licence to 
use any patent or utility model certificate;  
which statement or representation induces another person to act thereon, commits an 
offence and is liable to a fine of not less than five thousand dollars and not more than 
twenty thousand dollars, or imprisonment for a term of not less than two years and not 
more than five years, or both.  
(4) Any person who falsel y represents that anything disposed of by him  or her  
for value is patented product or process he  or she  shall, subject to subsections (5) to (7) of 
this section, be liable to a fine of not less than four thousand dollars and no more than ten 
thousand dolla rs. 
(5) For the purposes of subsection (4) of this section, a person who for value 
disposes of an article having stamped, engraved or impressed on it or otherwise applied to 
it the word “patent” or “patented” or anything expressing or implying that the art icle is a 
patented product, shall be taken to represent that the article is a patented product.  
(6) Subsection (4) of this section shall not apply where the representation is 
made in respect of a product after the patent for that product or, as the case ma y 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 the representation is 
not made or does not continue to be made.  
(7) In proceedings fo r an offence under this section it shall be a defence for the 
accused to prove that he  or she  used due diligence to prevent the commission of the 
offence.  
(8) Any person who represents that a patent has been applied for in respect of 
any article disposed o f for value by him  or her , 
(a) and no such application has been made; or  
(b) the application has been refused or withdrawn;  36 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
commits an offence and is liable to a fine of not less than four thousand dollars and not 
more than ten thousand dollars.  
(9) Subsec tion (8)(b) of this section shall not apply where the representation is 
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 the representation is 
not made, or does not continue to be made.  
(10) For the purposes of subsection (8) of this section, a person who for value 
disposes of an article having stamped, eng raved or impressed upon 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 app lied for in respect of the article.  
(11) Where an offence under this Act which is committed by a body corporate is 
proved to have been committed with the consent or connivance of, or to be attributed to, 
any neglect on the part of, a director, manager, sec retary or other similar officer of the 
body corporate, or any person who was purporting to act in any such capacity, he  or she , as 
well as the body corporate commits an offence and is liable to be proceeded against and 
punished accordingly.  
(12) Where the affairs of a body corporate are managed by its members, 
subsection (11) of this section shall apply in relation to the acts and defaults of a member 
in connection with his  or her  functions of management as if he  or she  were a director of the 
body corporate . 
63. Immunity regarding official acts . 
Neither the Minister nor any person employed by the State shall  
(a) be taken to warrant the validity of any patent granted under this Act; 
or 
(b) incur any liability by reason of or in connection with any examination  
or investigation required or authorised by this Act or any report or 
other proceedings consequent upon any such examination or 
investigation.  
64. Registrar’s annual report . 
The Registrar shall, before the 1st day of June every year, make an annual report to 
the Minister with respect to the operation of this Act and the discharge of his  or her  
functions thereunder.  
65. Saving in respect of rights to sell forfeited articles . 
Nothing in this Act shall affect the right of the State or any person employed by it  
to dispose of or use articles forfeited under the laws relating to customs and excise.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  37 
Revision Date: 31 Dec 2002  
66. Time limit for prosecution . 
A prosecution for an offence under this Act shall not be commenced after the 
expiration of five years after the commission of the offenc e or one year after the discovery 
thereof, whichever occurs last.  
67. 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 provisions of this Act.  
(2) Without dero gating from the generality of subsection (1) of this section, the 
Minister may make Regulations providing further details for the processing of 
international applications by, and other functions of, the Registrar in connection with the 
Patent Co -operation Treaty, including fees payable, time limits, prescribed languages and 
other requirements relating to international applications.  
68. Administrative Instructions . 
The Registrar may issue administrative instructions relating to the procedure under 
this Act, the Regulations made thereunder, and any other enactment relating to industrial 
property.  
69. Act to bind Crown . 
This Act shall bind the Crown.  38 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
FIRST SCHEDULE  
PATENTS REGULATIONS  
(Saved by s ection  70 of Act 9 of 2002 ) 
1. Short Title . 
These Regulations may  be cited as the Patents Regulations.  
2. Interpretation . 
(1) In these Regulations,  
“Act” means the Patent Act;  
“Foreign Application” means an application duly made by any person for 
protection of his  or her  invention in any place to which the provisions 
of the Act shall have become applicable . 
(2) Save as aforesaid any words herein used defined by the Act shall have the 
meanings thereby assigned to them respectively.  
3. Forms . 
The Forms contained in the Schedule to these regulations may, as far as they are 
applicable, be used in any proceedings under the Act or under these Regulations.  
4. Application by Representative of Deceased Inventor . 
In the case of an application for a patent by the legal representative of a person who 
has died possessed of an inventio n, the Probate of his  or her  Will, or the Letters of 
Administration granted of his  or her  estate and effects, or an official copy of such Probate 
or Letters, shall be produced at the Registrar’s office in proof of the applicant’s title as 
such legal repres entative, and must be supported by such further evidence as the Registrar 
may require.  
5. Order of Recording Applications . 
(1) Applications for patents sent through the post shall, as far as may be 
practicable, be opened and numbered in the order in which the letters containing the same 
have been respectively delivered in the ordinary course of post.  
(2) Applications left at the Registrar’s office otherwise than through the post 
shall be in like manner numbered in the order of their receipt at the Registrar ’s office.  
6. Claims . 
The statement of the invention claimed, with which a complete specification must 
end, shall be clear and succinct as well as separate and distinct from the body of the 
specification.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  39 
Revision Date: 31 Dec 2002  
7. One Invention . 
(1) When a specification comprise s several distinct matters, they shall not be 
deemed to constitute an invention by reason only that they are all applicable to or may 
form parts of an existing machine, apparatus, or process.  
(2) Where a person making application for a patent has included in his  or her  
specification more than one invention, the Registrar may require or allow him  or her  to 
amend such application and specification and drawings or any of them so as to apply to 
one invention only, and the applicant may make application for a se parate patent for any 
invention excluded by such amendment.  
(3) Every such last mentioned application may, if the Registrar at any time so 
direct, bear the date of the original application or such date between the date of the original 
application and the d ate of the application in question, as the Registrar may direct, and 
shall otherwise be proceeded with as a substantive application in the manner prescribed by 
the Act and by any regulations thereunder for the time being in force.  
(4) When the Registrar ha s required or allowed any application, specification or 
drawings to be amended as aforesaid, such application shall, if the Registrar at any time so 
direct, bear such date, subsequent to the original date of the application and not later than 
the date when  the amendment was made, as the Registrar shall consider reasonably 
necessary to give sufficient time for the subsequent procedure relating to such application.  
8. Extension of time for Leaving and Accepting Complete Specification . 
An application for exten sion of time for leaving or accepting a complete 
specification shall be made on Form U or on Form V in the Schedule to these regulations 
as the case may require, and shall state in detail in what circumstances, and upon what 
grounds such extension is appli ed for, and the Registrar may require the applicant to 
substantiate such allegations by such proof as the Registrar may think necessary.  
9. Notice and Advertisement of Acceptance . 
On the acceptance of a provisional or complete specification, the Registrar shall 
give notice thereof to the applicant, and shall advertise the acceptance of every complete 
specification in the Gazette . 
10. Inspection of Complete Specification . 
Upon such acceptance in the case of a complete specification, the application and 
speci fication, or specifications, with the drawings (if any), may be inspected at the 
Registrar’s office upon payment of the prescribed fee.  
11. Convention Applications . 
(1) Every convention application shall contain a declaration that foreign 
application has b een made for protection of the invention to which such convention 
application relates, and shall specify all the places in which such foreign applications have 
been made, and the official date or dates thereof, respectively.  40 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) The application must be mad e within twelve months from the date of the 
first foreign application, and must be accompanied by a complete specification, and signed 
by the person or persons by whom such first foreign application was made.  
(3) If such person, or any of such persons be d ead, the application must be 
signed by the legal representative of such dead person, as well as by the other applicants, if 
any. 
12. Foreign Specification etc. to Accompany Specification . 
(1) Every convention application, in addition to the specification l eft therewith, 
must be accompanied by a copy or copies of the specification, and drawings or documents 
filed or deposited by the applicant in the Patent office of the place in respect of the first 
foreign application, duly certified by the official chief o r head of the Patent office of such 
place as aforesaid, or otherwise verified to the satisfaction of the Registrar.  
(2) If any specification or other document relating to the application is in a 
foreign language, a translation thereof shall be annexed ther eto and verified by statutory 
declaration or otherwise to the satisfaction of the Registrar.  
13. Proceedings . 
Save as aforesaid and as provided by regulation 50, all proceedings in connection 
with a convention application shall be taken within the times an d in the manner prescribed 
by the Act or these regulations for ordinary applications.  
14. Size, etc. of Documents . 
(1) All documents and copies of documents, except drawings, sent to or left at 
the Registrar’s office, or otherwise furnished to the Registra r, shall be written, typewritten, 
lithographed, or printed in the English language (unless otherwise directed) in large and 
legible characters with deep permanent ink upon strong white paper, and, except in the 
case of statutory declarations and affidavits , on one side only, of a size of approximately 
13 inches by 8 inches, leaving a margin of at least one inch and a half on the left hand part 
thereof, and the signatures thereto must be written in a large and legible hand.  
(2) Duplicate documents shall at a ny time be left, if required by the Registrar.  
(3) At the top of the first page of a specification a space of about two inches 
should be left blank.  
15. Drawings Accompanying Specifications . 
(1) Drawings, when furnished, should accompany the provisional or  complete 
specification to which they refer, except in the case provided for by regulation 22.  
(2) No drawing or sketch such as would require the preparation for the printer of 
a special illustration for use in the letterpress of the specification when pri nted should 
appear in the specification itself.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  41 
Revision Date: 31 Dec 2002  
16. Requirements as to Paper . 
(1) Drawings may be made by hand or lithographed, printed, etc. 
(2) They must be made on pure, white, hot -pressed, rolled, or calendared strong 
paper of smooth surface, good qual ity, and medium thickness without washes or colours, 
in such a way, as to admit of being clearly reproduced on a reduced scale by photography.  
(3) Mounted drawings must not be used.  
17. Size of Drawings and Arrangement of Figures . 
(1) Drawings must be on s heets which measure 13 inches from top to bottom 
and are either from 8 inches to 8¼ inches or from 16 inches to 16½ inches wide, the 
narrower sheets being preferable.  
(2) If there are more figures than can be shown on one of the smaller sized 
sheets, two o r more of these sheets should be used in preference to employing the larger 
size. 
(3) When an exceptionally large drawing is required, it should be continued on 
subsequent sheets.  
(4) There is no limit to the number of sheets that may be sent in, but no mo re 
sheets should be employed than are necessary, and the figures should be numbered 
consecutively throughout, and without regard to the number of sheets.  
(5) The figures should not be more numerous than is absolutely necessary , and 
they should be separated  by a sufficient space to keep them distinct.  
18. Drawings to be suitable for Reproduction . 
(1) Drawings must be prepared in accordance with the following requirements : 
(a) they must be executed with absolutely black ink;  
(b) each line must be firmly and e venly drawn, sharply defined, and of 
the same strength throughout;  
(c) section lines, lines for effect, and shading lines, should be as few as 
possible, and must not be closely drawn;  
(d) shade lines must not contrast too much in thickness with the general  
lines of the drawing;  
(e) sections and shading should not be represented by solid black or 
washes;  
(f) they should be on a scale sufficiently large to show the invention 
clearly, and only so much of the apparatus, machine, etc., should 
appear as effects t his purpose , and  if the scale is given, it should be 
drawn, and not denoted by words.  
(2) Reference letters and figures, and index numerals used in conjunction 
therewith must be bold, distinct, and not less than one -eighth of an inch in height.  
(3) The sam e letters should be used in different views of the same parts.  42 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(4) Where the reference letters are shown outside the figure, they must be 
connected with the parts referred to by fine lines.  
19. Drawings to Bear Name of Applicant etc., but no Descriptive Ma tter. 
(1) Drawings must bear the name of the applicant, (and, in the case of drawings 
left with a complete specification after a provisional specification, the number and year of 
the application) in the left hand top corner; the number of sheets of drawing s sent, and the 
consecutive number of each sheet, in the right hand top corner; and the signature of the 
applicant or his  or her  agent in the right hand bottom corner.  
(2) Neither the title of the invention nor any descriptive matter should appear in 
the d rawings.  
20. Copies of Drawings . 
(1) A facsimile or “true copy” of the original drawings must be filed at the same 
time as the original drawings, prepared strictly in accordance with the above regulations, 
except that it may be on tracing cloth and the ref erence letters and figures should be in 
black -lead pencil.  
(2) The words “original” or “true copy” must in each case be marked at the right 
hand top corner, under the numbering of the sheet.  
21. Delivery of Drawings . 
Drawings must be delivered at the Regis trar’s Office so as to be free from folds, 
breaks, or creases, which would render them unsuitable for reproduction by photography.  
22. Provisional Drawings used for Complete Specification . 
If an applicant desires to adopt the drawings lodged with his  or he r provisional 
specification as the drawings for his  or her  complete specification, he  or she  should refer to 
them in the complete specification, as those left with the provisional specification.  
23. Form of Statutory Declaration and Affidavit . 
(1) The stat utory declarations and affidavits required by these regulations, or 
used in any proceedings thereunder, shall be headed in the matter or matters to which they 
relate and shall be drawn up in the first person, and shall be divided into paragraphs 
consecutiv ely numbered, and each paragraph shall so far as possible be confined to one 
subject.  
(2) Every statutory declaration or affidavit shall state the description and true 
place of abode of the person making the same, and shall be written or printed bookwise, 
and shall bear the name and address of the person leaving it and shall state on whose 
behalf it is left.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  43 
Revision Date: 31 Dec 2002  
24. Manner in which, and Persons before whom, Declaration or Affidavit is to be 
Taken . 
The statutory declarations and affidavits required by the Act an d these regulations, 
or used in any proceedings thereunder, shall be made and subscribed as follow s: 
(a) in the State , before any Commissioner or other Officer authori sed by 
law to administer an oath for the purpose of any legal proceeding;  
(b) in the Unit ed Kingdom, before any Justice of the Peace, or any 
Commissioner or other Officer authori sed by law in any part of the 
United Kingdom to administer an oath for the purpose of any legal 
proceeding;  
(c) in any other part of the Commonwealth , before any Court , Judge, 
Justice of the Peace, or any Officer authori sed by law, to administer 
an oath there for the purpose of a ny legal proceeding; and  
(d) if made out of the Commonwealth , before a British Minister, or 
person exercising the functions of a British Minist er, or a Consul, 
Vice -Consul, or other person exercising the functions of a British 
Consul, or before a Notary Public or before a Judge or Magistrate.  
25. Industrial or International Exhibitions . 
(1) Any person desirous of exhibiting an invention at an ind ustrial or 
international exhibition, or of publishing any description of the invention, during the 
period of the holding of the exhibition, or of using the invention for the purpose of the 
exhibition in the place where the exhibition is held, may after the  Registrar has given a 
certificate that the exhibition is an industrial or international one, give to the Registrar 
notice on Form O in the Schedule  to these r egulations  of his  or her  intention to exhibit, 
publish, or use the invention as the case may be.  
(2) For the purpose of identifying the invention in the event of an application for 
a patent being subsequently made, the inventor shall furnish to the Registrar a brief 
description of his  or her  invention, accompanied, if necessary, by drawings and such o ther 
information as the Registrar may in each case require.  
26. Exercise of Discretionary Powers by Registrar . 
Before exercising any discretionary power given to the Registrar by the Act or these 
regulations adversely to the applicant for a patent or for a mendment of a specification, the 
Registrar shall give ten days’ notice, or such longer notice as he  or she  may think fit, to the 
applicant of the time when he  or she  may be heard personally or by his or her agent before 
the Registrar.  
27. Notice by Applica nt. 
Within five days from the date when such notice would be delivered in the ordinary 
course of the post, or such longer time as the Registrar may appoint in such notice, the 
applicant shall notify in writing to the Registrar whether or not he  or she  intends to be 
heard upon the matter.  44 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
28. Registrar may require Statement, etc . 
Whether the applicant desires to be heard or not, the Registrar may at any time 
require him  or her  to submit a statement in writing within a time to be notified by the 
Registrar, or  to attend before him  or her  and make oral explanations with respect to such 
matters as the Registrar may require.  
29. Decision to be Notified to Parties . 
The decision or determination of the Registrar in the exercise of any such 
discretionary power as afo resaid, shall be notified by him  or her  to the applicant, and to 
any other person who appears to him  or her  to be affected thereby.  
30. Notice of Opposition . 
(1) A notice of opposition to the grant of a patent shall be on Form D in the 
Schedule  to these regulations , and shall state the ground or grounds on which the person 
giving such notice (hereinafter called the opponent) intends to oppose the grant, and must 
be signed by him  or her . 
(2) The notice shall state his  or her  address for service, and shall be  
accompanied by a copy, which copy shall be transmitted by the Registrar to the applicant.  
31. Evidence in Support of Allegation that Invention has been Obtained from 
Opponent . 
Where the ground of an opposition is that the applicant has obtained the invent ion 
from the opponent, or from a person of whom such opponent is the legal representative, 
unless evidence in support of such allegation be left at the Registrar’s Office within 
fourteen days after the expiration of two months from the date of the advertis ement of the 
acceptance of the applicant’s complete specification, the opposition shall be deemed to be 
abandoned.  
32. Attendance of Declarant on Registrar . 
Where the ground of an opposition is that the applicant has obtained the invention 
from the opponen t, or from a person of whom such opponent is the legal representative, 
the Registrar may request or allow any person who has made a statutory declaration in the 
matter to which the opposition relates to attend before him  or her  at the hearing of the case 
and make oral explanations with respect to such matters as the Registrar may require.  
33. Particulars of Prior Patent . 
Where the ground or one of the grounds of opposition is that the invention has been 
patented in this State  on an application of prior date , the number and date of such prior 
application shall be specified in the notice.  
34. Opponent’s Evidence . 
Except in the case provided for in regulation 31, statutory declarations need not be 
left in connection with an opposition, but the opponent may , within fourteen days after the 
expiration of two months from the date of the advertisement of the acceptance of the Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  45 
Revision Date: 31 Dec 2002  
applicant’s complete specification, leave at the Registrar’s Office statutory declarations in 
support of his  or her  opposition, and on so leavi ng shall deliver to the applicant copies 
thereof.  
35. Applicant’s Evidence . 
(1) Within fourteen days from the delivery of such copies, the applicant may 
leave at the Registrar’s Office statutory declarations in answer, and on so leaving shall 
deliver to th e opponent copies thereof, and within fourteen days from such delivery the 
opponent may leave at the Registrar’s Office his  or her  statutory declarations in reply, and 
on so leaving shall deliver to the applicant copies thereof.  
(2) The last-mentioned decl arations shall be confined to matters strictly in reply.  
36. Applicant’s Evidence if Opponent does not leave Statutory  Declarations . 
If the opponent does not leave statutory declarations in support of his  or her  
opposition, the applicant may (if he  or she desires so to do) within three months from the 
date of the advertisement of the acceptance of his  or her  complete specification, leave at 
the Registrar’s Office statutory declarations in support of his  or her  application, and on so 
leaving shall deliver to  the opponent copies thereof.  
37. Opponent’s Evidence . 
(1) Within fourteen days from the delivery of such copies, the opponent may 
leave at the Registrar’s Office statutory declarations in answer, and on so leaving shall 
deliver to the applicant copies the reof, and within fourteen days of such delivery, the 
applicant may leave at the Registrar’s Office his  or her  statutory declarations in reply, and 
on so leaving shall deliver to the opponent copies thereof.  
(2) The last-mentioned declarations shall be conf ined to matters strictly in reply.  
38. Closing of Evidence . 
No further evidence shall be left on either side except by leave, or on the 
requisition, of the Registrar.  
39. Hearing . 
(1) On completion of the evidence (if any) or at such other time as he  or sh e 
may see fit, the Registrar shall appoint a time for the hearing of the case, and shall give the 
parties ten days’ notice at the least of such appointment.  
(2) If either party does not desire to be heard, he  or she  shall as soon as possible 
notify the Reg istrar to that effect.  
(3) If either party desires to be heard, he  or she  must leave Form E in the 
Schedule  to the se regulations  at the Registrar’s Office.  
(4) The Registrar may refuse to hear either party who has not left Form E prior 
to the date of heari ng. 46 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(5) If either party intends to refer at the hearing to any publication other than a 
specification mentioned in the notice of opposition, he  or she  should, unless the same has 
been referred to in a statutory declaration already filed, give to the other party and to the 
Registrar five days’ notice at the least of his  or her  intention, together with details of each 
publication to which he  or she  intends to refer.  
(6) After hearing the party or parties desirous of being heard, or if neither party 
desires to  be heard, then without a hearing the Registrar shall decide the case and notify his  
or her  decision to the parties.  
40. Request for Leave to Amend . 
(1) A request for leave to amend a specification must be signed by the applicant 
and shall contain an addre ss for service in the State . 
(2) When not made in pursuance of an order of the Court, or a Judge, the request 
must, where the patent has been sealed, also contain a statement that no action for 
infringement nor proceeding for revocation of the patent is pe nding.  
(3) The request must be accompanied by a duly certified copy of the original 
specification and drawings, showing in red ink the proposed amendment, and shall be 
advertised by the publication of the request, and the nature of the proposed amendment i n 
the Gazette , and in such other manner (if any), as the Registrar may in each case direct.  
41. Leave by Order of Court . 
Where a request for leave to amend is made in pursuance of an order of the Court or 
a Judge, an office copy of the order shall be left with the request at the Registrar’s Office.  
42. Notice of Opposition . 
(1) A notice of opposition to the amendment shall be on Form G in the Schedule  
to these r egulations  and shall state the ground or grounds on which the person giving such 
notice (hereinaf ter called the opponent) intends to oppose the amendment, and must be 
signed by him  or her . 
(2) The notice shall state his  or her  address for service, and shall be 
accompanied by a copy, which copy shall be transmitted by the Registrar to the applicant.  
43. Opponent’s Evidence . 
Within fourteen days after the expiration of one month from the first advertisement 
of the application for leave to amend, the opponent may leave at the Registrar’s Office 
statutory declarations in support of his  or her  opposition, a nd on so doing shall deliver to 
the applicant copies thereof.  
44. Further Proceedings . 
Upon such declarations being left, and such copies being delivered, the provisions 
of regulations 35, 38 and 39, shall apply to the case, and the further proceedings the rein 
shall be regulated in accordance with such provisions as if they were here repeated.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  47 
Revision Date: 31 Dec 2002  
45. Applicant’s Evidence if Opponent does not leave Statutory Declarations . 
If the opponent does not leave statutory declarations in support of his  or her  
opposition,  the applicant may (if he  or she  desires so to do) within two months from the 
date of the first advertisement of the application for leave to amend, leave at the 
Registrar’s Office statutory declarations in support of his  or her  application, and on so 
leaving shall deliver to the opponent copies thereof.  
46. Further Proceedings . 
Upon such declarations being left, and such copies being delivered, the provisions 
of regulations 37, 38 and 39, shall apply to the case, and further proceedings therein shall 
be re gulated in accordance with such provisions as if they were here repeated.  
47. Requirements on Amendments . 
Where leave to amend is given the applicant shall, if the Registrar so require, and 
within a time to be limited by him  or her , leave at the Registrar’ s Office a new 
specification and drawings as amended, to be prepared in accordance with regulations 14 
to 21.  
48. Advertisement of Amendment . 
Every amendment of a specification shall be advertised forthwith by the Registrar 
in the Gazette , and in such othe r manner (if any), as the Registrar may direct.  
49. Entry of Grant . 
Upon the sealing of a patent the Registrar shall cause to be entered in the register of 
patents the name, address, and calling of the patentee as the grantee thereof, and the title of 
the invention, together with the address for service.  
50. Entry in Respect of Convention Application . 
The patent granted on any convention application shall be entered in the register as 
dated of the date on which the first foreign application was made, and th e payment of 
renewal fees, and the expiration of the patent, shall be reckoned as from the date of the 
first foreign application.  
51. Alteration of Address . 
If a patentee send s to the Registrar on Form R in the Schedule  to these r egulations , 
notice of an a lteration in his  or her  address, the Registrar shall cause the register to be 
altered accordingly.  
52. Request for Entry of Subsequent Proprietorship . 
Where a person becomes entitled to a patent, or to any share or interest therein, by 
assignment, or by tr ansmission, or other operation of law, a request for the entry in his  or 
her name in the register as such complete or partial proprietor of the patent, or of such 
share or interest therein, as the case may be, shall be addressed to the Registrar, and left at 
the Registrar’s Office.  48 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
53. Form and Signature of Request . 
Such request shall be on Form L in the Schedule, and shall in the case of 
individuals be made and signed by the person requiring to be registered as proprietor, or by 
his or her  agent duly autho rised to the satisfaction of the Registrar, and in the case of a 
body corporate by its agent, authori sed in like manner.  
54. Particulars to be stated in Request . 
Every such request shall state the name, address and calling of the person claiming 
to be enti tled to the patent, or to any share or interest therein, as the case may be, and the 
particulars of the assignment, transmission, or other operation of law, by virtue of which 
he or she claims to be entered in the register as proprietor, so as to show the manner in 
which, and the person or persons to whom, the patent, or such share or interest therein as 
aforesaid, has been assigned or transmitted.  
55. Production of Documents of Title and other Proof . 
(1) Every assignment, and every other document containin g, giving effect to, or 
being evidence of, the transmission of a patent, or affecting the proprietorship thereof as 
claimed by such request, except such documents as are matters of record, shall, unless the 
Registrar in his  or her  discretion otherwise dire cts, be produced to him  or her together with 
the request, and such other proof of title as he  or she  may require for his or her satisfaction.  
(2) As to a document which is a matter of record, an official or certified copy 
thereof shall in like manner be pr oduced to the Registrar.  
56. Copies for Registrar’s Office . 
There shall also be left with the request an attested copy of the assignment or other 
document or copy above required to be produced.  
57. Body Corporate . 
A body corporate may be registered as prop rietor by its corporate name.  
58. Entry of Orders of Minister   or of the Court . 
(1) Where an order has been made by the Minister  for the extension of a patent 
for a further term, or for the grant of a new patent, or where an order has been made for the 
revocation of a patent under the Act, or otherwise affecting the validity or proprietorship of 
the patent, the person in whose favour such order has been made shall forthwith leave at 
the Registrar’s office an office copy of such order.  
(2) The register shall  thereupon be rectified or the purport of such order shall 
otherwise be duly entered in the register, as the case may be.  
59. Entry of date of Payment of Fees on issue of Certificates . 
Upon the issue of a certificate of payment under regulation 66, the Reg istrar shall 
cause to be entered in the register a record of the date of payment of the fee on such 
certificate.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  49 
Revision Date: 31 Dec 2002  
60. Entry of Failure to Pay Fees . 
If a patentee fails to make any prescribed payment within the prescribed time, or 
any enlargement thereof dul y granted, there shall be duly entered in the register a 
notification of such failure.  
61. Entry of Notification of Licence or other Document . 
(1) An attested copy of every licence granted under a patent, or of any other 
document purporting to affect the p roprietorship of a patent, shall be left at the Registrar’s 
office, with a request on Form M in the Schedule  to the se Regulations , that a notification 
thereof may be entered in the register.  
(2) The accuracy of such copy shall be certified as the Registrar  may direct, and 
the original document shall at the same time be produced and left at the Registrar’s office 
if required for further verification.  
62. Hours of Inspection of Register . 
The register of patents shall be open to the inspection of the public on  every week 
day except Saturday between the hours of 9 a.m. and 3.30 p.m. and on Saturday between 
the hours of 9 a.m. and 12 noon, except on the days and the times following : 
(a) Christmas Day, Good Friday, the day observed as Her Majesty’s 
birthday, days observed as days of public fast or thanksgiving, and 
days observed as public holidays; or  
(b) days which may from time to time be notified by a placard posted in a 
conspicuous place at the Registrar’s office;  
(c) times when the register is required for any  purpose of official use.  
63. Certified Copies of Documents . 
Certified copies of any entry in the register, or certified copies of, or extracts from, 
patents, specifications, disclaimers, affidavits, statutory declarations, and other public 
documents in th e Registrar’s office, or of or from registers or other books kept there, may 
be furnished by the Registrar on payment of the prescribed fee.  
64. Payment of Fees for Continuance of Patent . 
(1) If a patentee intends at the expiration of the fourth year from the date of his  
or her  patent to keep the same in force, he  or she  shall, before the expiration of the fourth 
and each succeeding year during the term of the patent, pay the prescribed fee.  
(2) The patentee may pay the whole or any portion of the aggregate  of such 
prescribed annual fees in advance.  
(3) The Form J in the Schedule  to these regulations  should be used for the 
purpose of this payment.  50 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
65. Enlargement of time for Payments . 
An application for an enlargement of the time for making a prescribed paym ent 
shall state in detail the circumstances in which the patentee by accident, mistake, or 
inadvertence has failed to make such payment, and the Registrar may require the patentee 
to substantiate by such proof as he  or she  may think necessary the allegatio ns contained in 
the application for enlargement.  
66. Certificate of Payment . 
On due compliance with the terms of regulation 64, and as soon as may be after 
such respective periods as aforesaid, or any enlargement thereof respectively duly granted, 
the Regi strar shall issue a certificate that the prescribed payment has been duly made.  
67. Petition for Grant of Compulsory Licence or Revocation of Patent . 
A petition to the Minister  for an order under the Act shall show clearly the nature of 
the petitioner’s in terest, and the ground or grounds upon which he  or she  claims to be 
entitled to relief, and shall state in detail the circumstances of the case, the terms upon 
which he  or she  asks that an order may be made, and the purport of such order, and the 
name and address of the patentee, and any other person who is alleged in the petition to 
have made default.  
68. Petition to be left with Evidence at Registrar’s Office . 
The petition and an examined copy thereof shall be left at the Registrar’s office 
accompanied by  affidavits or statutory declarations in proof of the allegations contained in 
the petition together with any other documentary evidence in support, and the petitioner 
shall simultaneously with, or as soon as may be after the leaving of such petition, deli ver to 
the patentee and any other person who is alleged in the petition to have made default, 
copies of the petition and of such affidavits or statutory declarations and other 
documentary evidence in support.  
69. Opponent’s Evidence . 
(1) The persons to who m such copies are delivered by the petitioner, may within 
fourteen days after being invited to do so by the Minister , leave at the Registrar’s office 
their affidavits or statutory declarations in answer, and if they do so shall deliver copies 
thereof to th e petitioner; and the petitioner may within fourteen days from such last -
mentioned delivery leave at the Registrar’s office his  or her  affidavits or statutory 
declarations in reply, and if he  or she  does so shall deliver copies thereof to the patentee or 
any other person alleged in the petition to have made default, such last -mentioned 
affidavits or statutory declarations being confined to matters strictly in reply.  
(2) The times prescribed by this regulation may be altered or enlarged by the 
Minister  if he or she  thinks fit, upon such notice to parties interested, and upon such terms, 
if any, as he  or she  may direct.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  51 
Revision Date: 31 Dec 2002  
70. Closing of Evidence . 
No further evidence than as aforesaid may be left by either side at the Registrar’s 
office, except by leave or on req uisition of the Minister , and upon such terms, if any, as the 
Minister  may think fit.  
71. Power of Amendment, etc. 
Any document, for the amending of which no special provision is made by the Act 
may be amended, and any irregularity in procedure, which in t he opinion of the Registrar 
may be obviated without detriment to the interests of any person, may be corrected, if and 
on such terms as the Registrar may think fit.  
72. General Power to Enlarge Time . 
The times prescribed by these regulations for doing any act, or taking any 
proceeding thereunder, other than the times for lodging evidence referred to in regulation 
31, or in the procedure in these regulations relating to compulsory licences and revocation 
of patents, may be enlarged by the Registrar if he  or she thinks fit, and upon such notice to 
other parties, and proceedings thereon, and upon such terms, as he  or she  may direct.  
73. Power to Dispense with Evidence . 
Where, under these regulations, any person is required to do any act or thing, or to 
sign any  document, or to make any declaration on behalf of himself  or herself or of any 
body corporate, or any document or evidence is required to be produced to or left with the 
Registrar, or at the Registrar’s office, and it is shown to the satisfaction of the Registrar 
that from any reasonable cause such person is unable to do such act or thing, or to sign 
such document, or make such declaration, or that such document or evidence cannot be 
produced or left as aforesaid, it shall be lawful for the Registrar, upo n the production of 
such other evidence, and subject to such terms as he or she may think fit, to dispense with 
any such act or thing, document, declaration, or evidence.  
74. Hours of Business . 
The Registrar’s office shall be open to the public every week day except Saturday 
between the hours of 9 a.m. and 3.30 p.m. and on Saturday between the hours of 9 a.m. 
and 12 noon, except on the following days:  
Christmas Day, Good Friday, the day observed as Her Majesty’s birthday, the days 
observed as days of public  fast or thanksgiving, or as public holidays, and days which may 
from time to time be notified by a placard posted in a conspicuous place at the Registrar’s 
office.  
75. Leaving Documents . 
(1) Any application, notice, or other document, authorized or requir ed to be left, 
made, or given at the Registrar’s office, or to the Registrar, or to any other person under 
these regulations, may be sent by a prepaid letter through the post, and if so sent shall be 
deemed to have been left, made, or given at the time whe n the letter containing the same, 
would be delivered in the ordinary course of post.  52 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) In proving such service, or sending, it shall be sufficient to prove that the 
letter was properly addressed and put into the post.  
76. Agency . 
(1) With the exception o f the signing of the following documents, namely, 
applications for patents, requests for leave to amend applications, specifications, or letters 
patent, authorizations of agents, notices of oppositions, requests for issue of duplicate 
letters patent, notic es of abandonment of or of intention not to proceed with applications, 
surrenders of letters patent, and petitions for compulsory license and revocation of patent, 
all communications to the Registrar under the Act and these regulations may be signed by 
and all attendances upon the Registrar may be made by or through an agent duly licensed 
under the Act.  
(2) In any particular case, the Registrar may, if he  or she  think fit, require the 
personal signature or presence of an applicant, opponent, or other person . 
SCHEDULE TO THE REGULATIONS  
(Regulation  3) 
PATENTS ACT   
FORM A.  
(To be accompanied by two copies of Form B and of Form C.)   
Application for Patent   
I (a) ............................................. of ..............................................  
in .......................................... do solemnly and sincerely declare 
that I am in possession of an invention for ( b) 
..........................................; that I am the true and first inventor 
thereof; and that the same is not in use by a ny other person or 
persons to the best of my knowledge and belief: and humbly pray 
that a patent may be granted to me for the said invention.  (a) Here insert (in full) name, 
address and calling of inventor  
(b) Here insert title of 
invention  
And I make the  above solemn declaration conscientiously 
believing the same to be true, etc.   
.................................................... ( c) ................................................  (c) Signature of inventor. In 
the case of a Firm, each 
member of the F irm must sign.  Declared at ..................................... in ..................................., 
this day of ........................................ 20................  
.................................................. ( d) ..................... ............................  (d) Signature and title of the 
officer before whom the 
declaration is made.  Registrar.  
(Note. —This declaration must be accompanied by the 
statement of an address in the State , for the reception of all 
notices, and other comm unications with respect to the application 
or invention.)   
To the Registrar,   
Registrar’s Office,   
 Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  53 
Revision Date: 31 Dec 2002  
MEMORANDUM   
(To be endorsed on back of Form A.)  (Regulation  76) 
(1) Where application is made through an Agent.   
.................................... ...... hereby appoint ....................................... 
of .......................................... to act as .......................................... 
Agent in respect of the written application for a Patent, and 
request that all notices, requisi tions and communications relating 
thereto may be sent to such Agent at the above address.   
..................................... day of .............................. 20..................   
.......................................... * .................... ......................  *To be signed by applicant or 
applicants  
(2) Where application is made without an Agent. 
..................... ............ ..................... hereby request that all notices, 
requisitions, and communications in respect of the with in 
application may be sent to .............. ................... ............................ 
at ..........................................   
................................. day of .................................... 20...............   
.................. .................................... † ........................................  † To be signed by applicant or 
applicants  
 
PATENTS ACT   
FORM A 1.  
(To be accompanied by two copies of Form B or of Form C.)   
Application for Patent for Inventions communic ated from abroad   
I (a) ............................................... of .............................................. 
in .............................................. do solemnly and sincerely declare 
that I am in possession of an invention for ( b) 
......................... ................................ ................. which invention has 
been communicated to me by ( c) .......................................... that I 
claim to be the true and first inventor thereof; and that the same is 
not in use within the State  by any other person or persons to the 
best of my knowledge and belief; and I humbly pray that a Patent 
may be granted to me for the said invention.  (a) Here insert (in full) name, 
address and calling of 
applicant  
(b) Here insert title of 
invention  
(c) Here insert name, address, 
and calling of communicator  
Declared at ........... this ............... 
day of ........................ ......................... 
20 ............. before me  

 (d) (d) To be signed by applicant  
or applicants  54 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
Memorandum to be endorsed on back of Form A 1.   
(r. 76)   
(1) Where application is made through an Agent.   
.......................................... hereby appoint ....................................... 
of .............................. ............ to act as .......................................... 
agent in respect of the within application for a Patent, and request 
that all notices, requisitions, and communications relating thereto 
may be sent to such agent at the above address.   
....................................... day of ..................................... 20..............   
...........................................*.......................................  *To be signed by applicant or 
applicants  
(2) Where application is made  without an agent.   
.............................. ............... ............ hereby request that all notices, 
requisitions, and communications in respect of the within 
application may be sent to .................... .................. ..................... . at 
..........................................   
..................................... day of ...................................... 20..........   
..................................................... †...................................................  †To be signed by applicant or 
applicants  
 
PATENTS ACT   
FORM A 2.  
(To be accompanied by two copies of Form C.)   
Application for Patent under International and Colonial 
Arrangements   
(a) ................................................................. ........................... 
do hereby solemnly and sincerely declare that I (or we) have made 
applications for protection of my (or our) invention of ( b) (a) Here insert (in full) name, 
address, and calling of 
applicant, or of each of the 
applicants  
(b) Here insert title of 
invention  
in the following Foreign States and on the following official dates, 
viz : ( c) (c) Here insert the name of 
each Foreign State, followed 
by the official date of the 
application in each 
respectively  
and in the following British  Possessions and on the following 
official dates, viz : ( d) (d) Here insert the name of 
each British possession, 
followed by the official date of 
the application in each 
respectively  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  55 
Revision Date: 31 Dec 2002  
that the said invention was not in use within the State  by any other 
person or persons before the ( e) (e) Here insert the official 
date of the earliest foreign 
application  
to the best of .................... knowledge, information, and belief, and 
.......................................... humbly pray that a patent may be 
granted to .......................................... for the said invention in 
priority to other applicants, and that such patent shall have the date 
(f) (f) Here insert the official 
date of the earliest foreign 
application  
................................. ......... ( g) ..........................................  (g) Signature of applicant or 
of each of applicants  
(Note. —If the application be made through an agent a proper 
authori sation should be supplied; if not, an address for service to 
which communicatio ns may be sent should be furnished.)   
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM B.  
Provisional Specification   
(To be issued with Form A or Form A 1.)   
(To be furnished in Duplicate.)   
(a) .......................................... ............................................  (a) Here insert title verbally 
agreeing with that in the 
application form  
(b) ......................................................................................  (b) Here insert (in full) name, 
address and c alling of 
applicant or applicants as in 
application form  
do hereby declare the nature of my invention to be as follows ( c) (c) Here begin description of 
the nature of the invention. 
The continuation of the 
specification should be upon 
wide -ruled paper of the same 
size, on one side only, with a 
margin of two inches on the 
left hand of the paper. The 
specification and the duplicate 
thereof must be dated thus:  
Dated this ........................... 
day of ................................. 
20.............., an d signed at the 
end 
 56 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
PATENTS ACT   
FORM C.  
Complete Specification   
(To be furnished in Duplicate.)   
...............................................( a)...................................................  (a) Here insert title verbally 
agreeing with that  in the 
application form  
...............................................( b)...................................................  (b) Here insert (in full) name, 
address and calling of 
applicant or applicants as in 
application form  
do hereby declare the nat ure of my invention for, ........................... 
and in what manner, the same is to be performed, to be 
particularly described and ascertained in  and by the following 
statement :  
(c) (c) Here begin full 
description of invention. The 
continuation of th e 
specification should be upon 
wide -ruled paper of the same 
size, on one side only, with a 
margin of two inches on the 
left hand of the paper.  
The completion of the 
description should be followed 
by the words:  
“Having now particularly 
described and ascerta ined the 
nature of my said invention, 
and in what manner the same 
is to be performed, I declare 
that what I claim is: 
..................................” After 
which should be written the 
claim or claims numbered 
consecutively. The 
specification and the du plicate 
thereof must be dated thus:  
“Dated this .............................. 
day of .................... 20 
............,” and signed at the end  
 Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  57 
Revision Date: 31 Dec 2002  
PATENTS ACT   
FORM D. (Regulation  30) 
Form of opposition to Grant of Patent   
(To be accompanied by a copy .)  
I * ................................................................................................ 
hereby give notice of my intention to oppose the grant of Letters 
Patent upon application No. ............................ of ........................ .... 
applied for by ........................................... upon the ground †  *Here state (in full) name and 
address  
†Here state upon which of the 
grounds of opposition 
permitted by the Act the grant 
is opposed.  
(Signed)‡  ‡To be signed by opponent  
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM E. (Regulation 39) 
Form of Notice that hearing before Registrar will be attended .  
Oppositions to the Grant of Patents or to Amendments.   
Sir,   
............................................... . of ( a) ............................................... 
hereby give notice that the hearing in reference to 
........................................... .................. ................. ............................. 
will be attended by myself or by some p erson on my behalf.  (a) Here insert address.  
 Sir,  
 Your obedient Servant,  
 (Signed)   
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM F.  
Form of application for amendment of Specification .  
* .......................................... .........................................................  *Here state (in full) name and 
address of applicant or 
patentee.  
seek leave to amend the specification of Letters Patent No. 
.................................... of 1 ............................, as shown in red ink 
in the certified copy of the original specification hereunto 
annexed.   58 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
†I declare that no action for infringement  or proceeding for 
revocation of the Letters Patent in question is pending.  †These words are to be struck 
out when Letters  Patent have 
not been sealed, or when, if 
Letters Patent have been 
sealed, the application is made 
in pursuance of an order of the 
Court or a Judge.  
My reasons for making this amendment are as follows‡  ‡Here state reasons for seeking 
amendment; and where the 
applicant is not the patentee, 
state what interest he possesses 
in the Letters Patent.  
(Signed)§  §To be signed by applicant.  
My address for service in the State  is  
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM G. (Regulation  42) 
Form of opposition to amendment of Specification .  
(To be accompanied by a copy.)   
* .......................................................................................................  *Here state (in full) name and 
address of opponent.  
hereby give no tice of objection to the proposed amendment of the 
specification of Letters Patent No. of 1 .......................................... , 
for the following reason†  †Here state reason of 
opposition.  
(Signed)   
My address for service in the State  is  
To the  Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM H.  
Form of application for grant of Compulsory Licence or 
revocation of Patent .  
(To be accompanied by a copy.)   
* ................................................................................. ......................  *Here state (in full) name and 
address of applicant.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  59 
Revision Date: 31 Dec 2002  
hereby request you to bring to the notice of the Minister  the 
accompanying petition for the grant of a licence to me by†  †Here state name and address 
of patentee, and number and 
date of his or her Patent.  
(Signed)   
(Note. —The petition must clearly set forth the facts of the 
case and be accompanied by an examined copy thereof. [See Form 
H 1.])   
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM H 1.  
Form of Petition for Grant of compulsory Licence or revocation of 
Patent .  
To the Minister .  
The petition of( a) ................................... of .................................... 
in the ...................................... of .................................. .. being a 
person interested in the matter of this petition as hereinafter 
described:  (a) Here insert (in full) name, 
address and calling.  
Sheweth as follows:   
1. A patent dated ................................... No. ......................... 
was duly g ranted to .......................................... for an invention of 
(b) (b) Here insert title of 
invention.  
2. The nature of my interest in the matter of this petition is 
as follows:( c) (c) Here state fully the nature 
of the petitioner’s interest.  
3. (d) (d) Here state in detail the 
circumstances of the case 
under the Act, and show that it 
arises by reason of the default 
of the patentee, or as the case 
may be, of any other person 
claiming an interest in the 
Patent as exclusive licensee or 
otherwise t o work his or her 
Patent or to manufacture the 
patented article in the State  to 
an adequate extent, or to grant 
licences on reasonable terms, 
the statement of the case 
should give the names and 
addresses of any persons who 
are alleged in the petition to 
have made default. The 
paragraphs should be 
numbered consecutively.  60 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
The evidence which I propose to leave at the Registrar’s Office 
accompanying this petition is as follows: —(e) (e) Here state what affidavits 
or statutory declarations 
together with any othe r 
documentary evidence will be 
left at the Registrar’s office 
with the Petition as required by 
regulation 68.  Having regard to the circumstances above stated, the 
petitioner alleges that by reason of the aforesaid default, the 
reasonable requirements of t he public with respect to the invention 
patented as above stated have not been satisfied.  
Your petitioner therefore prays that an order may be made 
granting to him  or her  a compulsory licence on the terms 
following, viz:( f) (f) Here state the terms as to  
the amount of royalties, 
security for payment, or 
otherwise, upon which the 
petitioner claims to be entitled 
to the relief in question.  or that the said patent may be revoked.  
(Signed)  
(Note. —In pursuance of the requirements of Regulation 68 
the peti tioner must deliver to the patentee and to any other person 
alleged to have made default, copies of the petition and of the 
affidavits or statutory declarations and other documentary 
evidence in support.)  
 
PATENTS ACT   
FORM I.  
Form of opposition to pe tition for grant of Compulsory Licence or 
revocation of Patent .  
(a) ...................................................................................  (a) Here state (in full) name 
and address.  
hereby give notice of opposition to the petition of 
......................................................... for the grant of a Compulsory 
Licence under Patent No. .......................................... of 1 
.......................................... , or the revocation of the said patent. 
The grounds upon w hich I oppose the said application are as 
follows, viz:( b) (b) Here state fully the 
grounds of opposition.  
(Signed)   
(Note. —In pursuance of the requirements of regulation 69 
copies of the affidavits or statutory declarations in reply to the 
evidence left  with the petition must be delivered to the petitioner.)   
To the Registrar,   
Registrar’s Office,   
 Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  61 
Revision Date: 31 Dec 2002  
PATENTS ACT   
FORM J.  
Application for Certificate of Payment or renewal .  
(When stamped this Form must be sent at once to the Registrar’s 
Office.)   
I hereby transmit the fee prescribed for the continuation in force 
of* .......................................... Patent No. ...................................... 
of 1 .........................................., for a further period of  ...................  *Here insert name of patentee.  
Name†  †Here insert name and address.  
Address   
To the Registrar,   
Registrar’s Office,   
 
Certificate of Payment or Renewal .  
(This part of the Form to be filled in at the Registrar’s Office.)   
Letters Patent No. ......... ............... of 1 ......................   
This is to certify that ........................... did this .............................. 
day of .................................. 20 ................, make the prescribed 
payment of $ ...................... .................... in respect of a period of 
.............................. from .......................... and that by virtue of 
such payment the rights of the patentee remain in force*  *See section 19 of the Act.  
The Registrar’s Office,   
 
PATENTS ACT   
FORM K.  
Form of Application for enlargement of time for payment of 
Renewal Fee .  
Sir,  
I hereby apply for an enlargement of time for 
...................................... month in which to make the payment of 
.................................... up on my Patent No. .................................... 
of 1 ..........................   
The circumstances in which the payment was omitted are as 
follows:( a) (a) The circumstances must 
be stated in detail: See 
regulation 15.  
I am,   
Sir,  
Your obedient S ervant,   62 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(b) ............................................................................................  (b) Here insert full address to 
which receipt is to be sent.  
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM L. (Regulation  53) 
Form of Request to enter name upon the Register of Patents .  
I(a)  ............................................................................................  (a) or We  
Here insert (in full) name, 
address, and description  
hereby request that you will enter ( b) name ( c) in the Register of 
Patents:  (b) my or our.    ( c) or 
names.  
(d) .................................................................................. claim to be 
entitled( e) ........................................................................ ...............  (d) I or We.  
(e) Here insert the nature of 
the claim e.g. as Assignee.  
of the Patent No. ............................... of 1 ......................, granted 
to (f) (f) Here give name and 
address of person to whom 
Patent was granted.  
the title of which is ( g) (g) Here insert title of the 
invention.  
by virtue of ( h) (h) Here specify the 
particulars of such document, 
giving its date, and the parties 
to the same, and showing how 
the claim here made is 
substantiated.  
And in proof whereof I t ransmit the accompanying ( i) 
..................................................... with an attested copy thereof.  (i) Here insert the nature of 
the document.  
I am,   
Sir,  
Your obedient Servant,   
To the Registrar,   
Registrar’s Office,   
 Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  63 
Revision Date: 31 Dec 2002  
PATENTS ACT   
FORM M. (Regulation  61) 
Form of Request to enter notification of Licence or other 
document in the Register of Patents .  
Sir,  
I hereby transmit an attested copy of( a) .................................. 
under Patent No. .................................. .. of 20 .............................., 
as well as the original document for verification, and I have to 
request that a notification thereof may be entered in the Register.  (a) Here insert a description 
of the nature of the document.  
I am,   
Sir,  
Your obedient Servant,   
(Signed)   
(b) ............................................................................................  (b) Here insert full address.  
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM N.  
Application for duplicate of P atent .  
Date   
Sir,  
I regret to have to inform you that the Patent dated* 
..........................................  *Here insert date, number, full 
name, and address of grantee.  
No. ........................................ and granted to ............ .............  
for an invention the title of which is †  †Here insert title of invention.  
has been‡  ‡Here insert the word 
“destroyed” or “lost” as the 
case may be, and state, in full, 
the circumstances of the case, 
which must be verified by 
statutory declar ation.  
I beg therefore to apply for the issue of a duplicate of such 
Patent§  §Here state interest possessed 
by applicant in the patent.  
(Signature of Patentee)   
To the Registrar,   
Registrar’s Office,   64 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
PATENTS ACT   
FORM O. (Regulation  25) 
Notice of i ntended exhibition of an unpatented Invention .  
* ................................ ............. ...............................................  *Here state (in full) name and 
address of applicant.  
hereby give notice of my intention to exhibit a .......... ............... of 
.......................... at the ............................. exhibition, which† 
.............................. of .............................. 20 ................................., 
under the provisions of the Patents Act.  †State “op ened” or “is to 
open”.  
‡ .......................................... herewith enclose a brief description 
of my invention.  ‡This description of invention 
should be accompanied by 
drawings if necessary.  
(Signed)   
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM P.  
Form of Request for correction of clerical error .  
Sir,  
I hereby request that the following clerical error  (a) in the  (b) 
........................................................................  (a) or errors.  
(b) Here state whe ther in 
application, specification, or 
register.  No. .......................................... of 1 .........................................., 
may be corrected in the manner shown in red ink in the certified 
copy of the original( b) ..................... ..................... herewith 
annexed.  
Signature   
Full address   
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM Q.  
Certificate of Registrar .  
The Registrar’s Office,   
20 ...........................   
I, .............................. ........................ ........ ...................., Registrar of 
Patents, hereby certify .....................................................................   
To† †Here insert (in full) name and 
address of person requiring the 
certificate.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  65 
Revision Date: 31 Dec 2002  
PATENTS ACT   
FORM R. (Regulation  51) 
Form of Notice for alteration of an Address in Register .  
Sir,  
(a) ...................................... ......... ...................................................... 
hereby request that .................................... ...... address now upon 
the Register may be altered as follows:  (a) Here state (in full) name 
or names and address of 
applicant or applicants.  
(b) ……. .................. .................................................. ..................... ... (b) Here ins ert full address.  
Sir,  
Your obedient Servant,   
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM S.  
Form of Application for Entry of Order of Minister  in Register .  
(a) .................................................................... ........................ 
hereby transmit an office copy of an order of the Minister  with 
reference to( b) (a) Here state (in full) name 
and address of applicant.  
(b) Here state the purport of 
the order.  
Sir,  
Your obedient Servant,   
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM T.  
Form of Appeal to a Judge in Chambers .  
I(a) ............................................................................................... 
hereby give notice of my intention to appeal to a Judge in 
Chambers from( b) ......................................................... of the 
Registrar of the ................................ day of ..................................... 
20 ......................, whereby he  or she (c) (a) Here insert (in full) name 
and addre ss of applicant.  
(b) Here insert “the decision” 
or “that part of the decision” as 
the case may be.  
(c) Here insert “refused (or 
allowed) application for 
Patent,” or “refused (or 
allowed) application for leave 
to amend Patent”, or otherwise 
as the case may be. 66 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
No. ........................ ( d) ....................... of the year 1 .................,  (d) (d) Insert number and year.  
Signature   
Date   
 
PATENTS ACT   
FORM U. (Regulation  8) 
Form of Application for extension of time for leaving a complete 
Speci fication .  
Sir,  
......... ......... ................. hereby, in respect of Application No. 
....................... dated .........................................., apply for one 
month’s extension of time in which to leave a complete 
Specification.   
The circumstances in and grounds upon which this extension 
is applied for are as follows:( a) (a) The circumstances and 
grounds must be stated in 
detail, see regulation 8.  Sir, 
Your obedient Servant,   
.................. ....................... ( b) ......... .......... ................................  (b) To be signed by applicant 
or applicants or his or her or 
their agent.  
To the Registrar,   
Registrar’s Office,   
 
PATENTS ACT   
FORM V. (Regulation  8) 
Form of Application for extension of time for acceptance of a 
Complete Specification .  
Sir,  
......................... hereby apply for .............................. months 
extension of time for the acceptance of the Complete Specification 
upon Application No. ........................ dated  .................. .................   
The circumstances in and grounds upon which this extension 
is applied for are as follows:( a) (a) The circumstances and 
grounds must be stated in 
detail, see regulation 8.  Sir, 
Your obedient Servant,   
.................... ............ ......... ( b) ....................... ......... .....................  (b) To be signed by applicant 
or applicants or his  or her  or 
their agent.  
To the Registrar,   
Registrar’s Office,   Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  67 
Revision Date: 31 Dec 2002  
PATENTS ACT  
FORM W 
Form of Patent  
[L.S.]       By His Honour ( here i nsert the name of the Minister ) 
Minister  of the State  of ......................................................................................................................  
To all to whom these presents shall come, Greeting: .......................... .................................................  
WHEREAS  ........................................ of ............................................. in ................................ ....., 
.........................................., hath by his or her solemn declaration represented unto me that he  or she  
is in possession of an invention for ................................, that he  or she  is the true and first inventor 
thereof, and that the same is not in use by any other person to the best of his  or her  knowledge and 
belief:  
And Whereas the said inventor hath humbly prayed that I would be pleased to grant unto him  
or her  (hereinafter together with his or her executors, administrators, and assigns, or any of them, 
referred to as the said patentee) Letters  Patent in the name of Her Majesty for the sole use and 
advantage, of his  or her  said invention within the State : 
And Whereas the said inventor hath by and in his  or her  complete specification particularly 
described the nature of his  or her  invention:  
Know Ye, therefore, that I, in the name and on behalf of Her Majesty, do by these Presents, 
give and grant unto the said patentee my special licence, full power, sole privilege, and authority, 
that he or she the said patentee by himself or herself, his or he r agent, or licensees, and no others, 
may at all times hereafter, during the term of years herein mentioned, make, use, exercise, and vend 
the said invention within .......................................... in such manner as to him or her or them may 
seem  meet, and that the said patentee shall have and enjoy the whole profit and advantage from 
time to time accruing by reason of the said invention, during the term of fourteen years from the 
date hereunder written of these presents: and to the end that the s aid patentee may have and enjoy 
the sole use and exercise and the full benefit of the said invention, I do by these presents require 
and strictly command all and every person and persons, bodies politic and corporate, and all others 
of what estate, quality , degree, name, or condition soever they be within this State, that they do not 
at any time during the continuance of the said term of fourteen years, either directly or indirectly, 
make use of or put in practice the said invention, or any part of the same , nor in anywise imitate the 
same, nor make or cause to be made any addition thereto or subtraction therefrom, whereby to 
pretend themselves the inventors thereof, without the consent, license, or agreement of the said  
patentee in writing under his or her hand and seal, on pain of incurring such penalties as may be 
justly inflicted on such offenders for their contempt and of being answerable to the said patentee 
according to law for his or her damages thereby occasioned; Provided always and these Letters 
Patent are on this condition, that, if any time during the said term it be made to appear to the 
Supreme Court that this grant is contrary to law, or prejudicial or inconvenient to Her Majesty’s 
subjects in general, or that the said invention is not a new in vention as to the public use and 
exercise thereof or that the said patentee is not the first and true inventor thereof within this State as 
aforesaid, these Letters Patent shall forthwith determine, and be void to all intents and purposes,  
notwithstanding anything hereinbefore contained; Provided also, that if the said patentee shall not  
pay all fees by law required to be paid in respect of the grant of these Letters Patent, or in respect of 
any matter relating thereto at the time or times, and in manner fo r the time being by law provided; 
and also if the said patentee shall not supply or cause to be supplied, for Her Majesty’s  service in 
this State, all such articles of the said invention as may be required by the Officers administering  
any department of He r Majesty’s service in this State in such manner, at such times, and at and  
 68 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
upon such reasonable prices and terms as shall be settled for that purpose by the Minister of this 
State  then, and in any of the said cases, these Letters Patent, and all privil eges and advantages 
whatever hereby granted shall determine and become void, notwithstanding anything hereinbefore  
contained: Provided also, that nothing herein contained shall prevent the granting of licences 
in such manner and for such considerations as  they may by law be granted; and lastly, I do by these 
Presents in the name and on behalf of Her Majesty grant unto the said patentee that these Letters 
Patent shall be construed in the most beneficial sense for the advantage of the said patentee.  
In wit ness whereof I have caused these Letters to be made Patent this .......................................... 
day of .......................................... and .......................................... and to be sealed and dated a s of 
the said .......... ................................ day of .......................................... 20  .......................................... 
in the ....................................... year of Her Majesty’s Reign.  
SECOND SCHEDULE  
Patents (Fees) Regulations  
(Prese rved by Section  70 of Act 9 of 2000)  
1. Citation . 
These Regulations may be cited as the Patents (Fees) Regulations.  
2. Fees . 
The fees specified in the Schedule to these Regulations shall be payable in respect 
of the matters to which they are specifically a pplicable.  
SCHEDULE  TO THE REGULATIONS  
                                                                                     (Regulation 2)  
 $     ¢  
For every application for a patent accompanied by a provisional specification only  .................   200.00  
Examiner’s fee on reference of application with provisional specification not 
exceeding  ................................ ................................ ................................ ................................ .............................   100.00  
For every application for a patent accompanied by a complete specification  ................................ .....................   400.00  
On filing complete specification after provisional specification  ................................ ................................ .........   200.00  
Examiner’s fee  on reference of complete specification not exceeding  ................................ ...............................   100.00  
On extending the time for leaving complete specification  ................................ ................................ ..................   50.00  
On extending the time for acceptance of complete specification  ................................ ................................ ........   50.00  
On advertisement or publication in the Gazette  of any acceptance, request, 
amendment or other matter required to be advertised or published  ................................ ................................ .....  50.00  
On sealing Letters Patent  ................................ ................................ ................................ ................................ ....  400.00  
On every patent before the expiration of four years from its date  ................................ ................................ .......  700.00  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  69 
Revision Date: 31 Dec 2002  
 $     ¢  
And further before the expiration of seven years  ................................ ................................ ................................   1,000.00  
Or in lieu of the fees of $2,500 and $5,000 the following annual fee before the 
expiration of the   
Fourth year from the date of the patent  ................................ ................................ ................................ ...............   300.00  
Fifth year from the date of the patent  ................................ ................................ ................................ ..................   300.00  
Sixth year from the date of the patent  ................................ ................................ ................................ .................   300.0 0 
Seventh year from the date of the patent  ................................ ................................ ................................ .............   300.00  
Eight h year from the date of the patent  ................................ ................................ ................................ ...............   350.00  
Ninth year from the date of the patent  ................................ ................................ ................................ .................   350.00  
Tenth year from the date of the patent  ................................ ................................ ................................ ................   400.00  
Eleventh year from the date of the patent  ................................ ................................ ................................ .............   400.00  
Twelfth year from the date of the patent  ................................ ................................ ................................ ..............   400.00  
Thirteenth year from the date of the patent  ................................ ................................ ................................ ..........   400.00  
On filing every amended or substituted specification  ................................ ................................ .........................   75.00  
On notice of opposition to grant of patent  ................................ ................................ ................................ ............   100.00  
On every summons to witness  ................................ ................................ ................................ .............................   50.00  
On he aring of every opposed application  ................................ ................................ ................................ ............   75.00  
On extension of patent  ................................ ................................ ................................ ................................ ........   500.00  
On filing every disclaimer or memorandum of alteration  ................................ ................................ ...................   100.00  
For every office copy per folio of seventy -two words  ................................ ................................ ........................   2.00 
On filing every certificate voiding a patent  ................................ ................................ ................................ ..........   10.00  
On deposit of any assignment, deed, licence or other document affecting 
proprietorship of patent  ................................ ................................ ................................ ................................ .......  100.00  
On delivering triplicate patent after loss, etc.  ................................ ................................ ................................ ......  100.00  
On every search, including inspection ................................ ................................ ................................ .................   50.00  
Annual fee for licence to patent agent  ................................ ................................ ................................ .................   200.00 
Certified copies or extracts under seal, at per folio  ................................ ................................ .............................   4.00 
For every matter or thing not above provided for  ................................ ................................ ...............................   50.00  
THIRD SCHEDULE  
REGISTRATION OF UNITED KINGDOM PATENTS RULES  
 (Preserved by Section  70 of Act 9 of 2000)  70 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
1. Short Title . 
These Rule s may be cited as the Registration of United Kingdom Patents Rules.  
2. A Solicitor in the State  to Represent Non -Resident Applicants . 
Where the applicant does not reside in the State , a solicitor of the Supreme Court 
with an address in the State  shall be a ppointed to attend upon the Registrar, receive notices 
and other communications and pay all fees in respect of any application.  
3. Form of Application . 
Application for registration shall contain an affidavit or a declaration in Form “A” 
or Form “B” respect ively set out in  Schedule  1 to these Rules . 
4. Endorsement of Solicitor’s Name . 
On the back of the affidavit or declaration the applicant shall endorse the name and 
address of the solicitor for the reception of notices and other communications and payment 
of fees in respect of the application.  
5. Specification & United Kingdom’s Certificate . 
The affidavit or declaration shall be accompanied by the certified copy of the 
specification or specifications (including drawings if any) of the patent and the relativ e 
certificate of the Comptroller General of the United Kingdom Patent Office, which are to 
be marked with the attesting officer’s signature.  
6. Execution of Affidavits, etc . 
(1) Affidavits or declarations may be sworn or declared  
(a) in the United Kingdom,  before any Justice of the Peace, or any 
Commissioner or other officer authori sed by law to administer an 
oath for the purpose of any legal proceedings ; 
(b) in any other part of Her Majesty’s Dominions, before any Court, 
Judge, Justice of the Peace, or any  officer authorised by law to 
administer an oath for the purpose of any legal proceedings ; 
(c) if made out of Her Majesty’s Dominions, before a British Minister or 
person exercising the functions of a British Minister a British Consul 
or other British Cons ular Officer, or before a Notary Public or before 
a Judge or Magistrate.  
(2) Statutory Declarations under the Statutory Declarations Act, 1835, (5 & 6 
Wm. 4. c. 62), may be used in the United Kingdom or at a British  Embassy or Consulate, 
elsewhere an affid avit shall be used.  
7. Power of Solicitor . 
All communications to the Registrar, other than those mentioned in the foregoing 
rules, may be signed by and all attendances upon the Registrar may be made by or through 
a solicitor of the Supreme Court.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  71 
Revision Date: 31 Dec 2002  
8. Form o f Advertisement . 
Advertisement of application by the Registrar shall be in form “C” set out in  
Schedule  1 to the se Rules . 
9. Preparation of Advertisement . 
The notice of advertisement shall be prepared by the applicant’s solicitor and 
submitted to the Regis trar with the application.  
10. Amended Specifications & Drawings . 
Where an applicant desires to substitute amended specifications and drawings for 
those originally filed he or she shall transmit the request with the certificate of the 
Comptroller General o f the United Kingdom Patent Office supported by an affidavit or 
declaration as to his or her rights through a solicitor with an address in the State . 
11. Assignment, etc . 
Where a person by assignment, transmission or other operation of law has become 
entitled to the privileges and rights conferred by a certificate of registration he  or she  shall 
transmit for entry in the register the assignment or other document showing his  or her  title 
or interest through a solicitor with an address in the State . 
12. Fees . 
The fees to be paid to general revenue and to solicitors in respect of proceedings 
under these rules are contained in the Schedule  2 to the se Rules . 
SCHEDULE 1 TO THE RULES  
(Rule 3) 
FORM A  
APPLICATION FOR REGISTRATION  
UNITED KINGDOM PATENTS  
AFFIDAVIT  
I .......................................... of .......................................... make oath and say as follows: I am  the 
Grantee (or the assignee or as the case may be) of the United Kingdom Patent No. 
.................................. issued on the .......................................... day of .......................................... 
20.....................: I am in possession of the invention therein described, and the same is not in use by 
any other person or persons to the best of my kno wledge, information and belief: and I humbly pray 
that a certificate of registration in the State  may be granted to me.  
Sworn at ........................................................ 
..................................................................... ... 
this ............................ day of ......................... 
20................... before me:  

 ....................................................................  72 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
FORM B   
(Rule 3) 
APPLICATION FOR REGISTRATION  
UNITED KI NGDOM PATENTS  
DECLARATION  
I .......................................... of .......................................... do solemnly and sincerely declare that I 
am the Grantee (or the assignee or as the case may be) of the United Kingdom Patent No. 
........ .................................. issued on the .......................................... day of .......................... ............... 
20...................... that I am in possession of the invention therein described, and that the same is not 
in us e by any other person or persons to the best of my knowledge, information and belief: and 
humbly pray that a certificate of registration in the State  may be granted to me.  
And I make this solemn declaration conscientiously believing the same to be true an d by 
virtue of the provisions of the Statutory Declarations Act, 1835 (5 & 6 Wm. 4.C.62).  
Subscribed and declared at ............................ 
........................................................................ 
this ........................... day  of .......................... 
20........... before me:  

 ....................................................................
. 
FORM C   
(Rule 8) 
NOTICE  
THE REGISTRATION OF UNITED KINGDOM PATENTS ACT  
NOTICE IS HEREBY GIVEN that .. ............................................................................................... 
have applied for registration in the State  of United Kingdom Patent No. ...................... dated the 
......................................... day of ...... ......................................... 20................... and issued on the 
........................................... day of ..................................................... 20.................. .... and have filed 
in the Registrar’s Office at the Court House at .......................................... a complete copy of the 
specifications and the certificate of the Comptroller General of the United Kingdom Patent Office 
giving full particulars of this patent which will be open to public inspe ction at the said office at any 
time between the hours of 9 a.m. and 3.30 p.m. on working days except on Saturdays when the 
hours will be from 9 a.m. to 12 noon.  
Any person may within two months from the date of this advertisement give notice to the 
Regis trar of opposition to the issue of a certificate of registration upon any of the grounds 
prescribed by the Patents Act, for opposition to the grant of Letters Patent.  
Dated the .......................................... day of ............................ .............. 20......................  
 ............................................................................  
 Registrar.  
Registrar’s Office,  
 Court House,  
.................................................  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  73 
Revision Date: 31 Dec 2002  
SCHEDULE  2 TO THE RULES  
(Rule 12)  
1. Fees to be paid to general revenue in addition to the fee of $20.00 for a certificate of 
Registration.  
 $    ¢  
For advertisement of application  ................................ ................................ ................................ ......................   20.00  
On filing every amended or substituted specification  ................................ ................................ ......................   20.00  
On notice of opposition to grant of cert ification  ................................ ................................ ..............................   30.00  
On hearing of every opposed application  ................................ ................................ ................................ .........   20.00  
For every office copy per folio of seventy -two words  ................................ ................................ .....................   2.00 
On deposit of every assignment of document affecting title  ................................ ................................ ............   20.00  
On every search  ................................ ................................ ................................ ................................ ................   10.00  
For every matter or thing not above pro vided  ................................ ................................ ................................ ..  15.00  
Fees payable to solicitors:   
 $   ¢ 
In respect of each application  ................................ ................................ ................................ ...........................   25.00  
 $    ¢  
For registering assignments, etc ................................ ................................ ................................ .......................   25.00  
Copying any document per folio of seventy -two words  ................................ ................................ ...................   2.00 
On opposition such fees as the Registrar may allow on ta xation as between Solicitor and 
client.  
[Substituted by SRO 37/1998]   
FOURTH SCHEDULE  
(Preserved by Section  70 of Act 9 of 2000)  
PATENTS (PUBLIC OFFICERS) REGULATIONS  
———————  
1. Short Title . 
These Regulations may be cited as the Patents (Public Officers) Regulations.  74 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
2. Application for Provisional Protection . 
(1) Any officer in the employment of the Government who has made an 
invention  
(a) may, at his or her own expense, and  
(b) shall, at the expense of the Government if so required by the Minister , 
lodge an application for provisional protection with the Registrar of 
Patents, and shall at the same time send a copy of the application to 
the Minister  through the head of his  or her  department.  
(2) The Minister  shall decide as expeditiously as possible whether  the invention 
shall be regarded as secret, and the decision shall be forthwith communicated to the head 
of the officer’s department  for the information of the officer.  
3. Control of Patent . 
(1) As soon as practical the Minister  shall decide whether the of ficer shall or 
shall not be allowed controlling rights in the patent and his or her decision shall be 
communicated to the head of the officer’s department for the information of the officer.  
(2) Pending the decision of the Minister  as to such controlling r ights, rights in 
the invention shall be deemed to belong to and to be held in trust for the Government.  
4. Control by Officer . 
If the Minister  decides that the officer shall be allowed controlling rights in the 
patent, the following provisions shall apply : 
(a) the officer shall, subject to the provisions of regulation 2, be 
responsible for all expenditure in taking out the patent ; 
(b) the Minister  may attach to his  or her  decision such conditions as he  or 
she may think fit and, in particular, may reserve to  the Government a 
right of user of the invention free of royalty, or a right to a share of 
any commercial proceeds, or both such rights ; 
(c) the officer may, whether any rights are reserved under paragraph (b) 
of this regulation or not, apply to the Awards  Committee as 
constituted under regulation 8 (hereinafter referred to as “the 
Committee”) through the head of his or her department for an award 
in respect of his  or her  invention ; 
(d) the question whether an award shall be made, the amount thereof, 
and, i f a share of commercial proceeds is reserved to the Government, 
the amount of such share shall be determined by the Minister  after 
investigation by the Committee ; 
(e) a reservation to the Government of user of the invention free of 
royalty under paragraph (b) of this regulation may include a like 
reservation to Her Majesty’s Government in the United Kingdom, or 
the Government of any British Colony or Protectorate or any territory 
in respect of which Her Majesty’s Government in the United 
Kingdom exercises a  mandate.  Laws of Saint Christopher 
and Nevis  Patents Act  Cap 18.25  75 
Revision Date: 31 Dec 2002  
5. Control by Government . 
If the Minister  decides that the officer shall not be allowed controlling rights in the 
patent, the following provisions shall apply : 
(a) the officer shall assign all his or her rights in the invention to the 
Government ; 
(b) the Government shall be responsible for all expenditure in taking out 
the patent ; 
(c) the Minister  shall decide whether the officer shall or shall not be 
allowed a share of any commercial proceeds ; 
(d) the officer may, whether he  or she  is allowed a s hare in the 
commercial proceeds or not, apply to the Committee through the head 
of his  or her  department for an award in respect of his or her 
invention ; 
(e) the question whether an award shall be made, the amount thereof, 
and, if the Minister  decides that  the officer shall be allowed a share in 
the commercial proceeds, the amount of such share, shall be 
determined by the Minister  after investigation by the Committee.  
6. Power to Revise Decision . 
In the event of material change taking place in the circumsta nces which existed at 
the time when an award or allocation of commercial proceeds was made, the original 
decision may be modified by the Minister  after further investigation by the Committee; 
provided that, in any such modification of the original decision , the amount of an award 
which has been paid shall not be reduced.  
7. Grant of Full Rights in Certain Cases . 
Where an invention is in all respects alien to the employment of the officer, he  or 
she shall normally be granted the full rights in such invention . 
8. Power to Appoint Committee . 
There shall be constituted for the purposes of these regulations, an Awards 
Committee which shall consist of a judicial or legal officer appointed by the Minister  as 
Chairperson and such other persons as the Minister  may fr om time to time by notice in the 
Gazette  appoint.  
9. Officer’s Right of Audience . 
An officer shall be entitled at his  or her  own expense to appear personally before 
the Committee or to be represented in such manner as the Committee may approve.  
10. Committ ee’s Recommendations . 
(1) All conclusions of the Committee shall be embodied in recommendations 
which shall be forwarded to the Minister . 76 Cap 18.25  Patents Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) The reservation of a right of user free of royalty to Her Majesty’s 
Government in the United Kingdom or the Govern ment of any other territory mentioned in 
regulation 4 (e) shall not be taken into account, but if and when such right shall be 
exercised by any such Government, a material change shall, for the purpose of regulation 
6, be deemed to have taken place.  
11. Power to Make Rules . 
The Committee may make rules for regulating their proceedings, but no such rules 
shall come into force until they shall have been approved by the Minister . 
12. Allowance for Expenses . 
In fixing the amount of any award or of the share of any commercial proceeds 
reserved to the Government under regulation 4 (d) or allowed to the officer under 
regulation 5 (e) (as the case may be), any reasonable expenses to which an officer may 
have been put in connection with his or her invention shall be taken into account.  
13. Right of Appeal . 
Nothing in these regulations shall restrict any officer’s right of appeal to the 
Secretary of State under Colonial Regulations.