LAWS OF FIJI 
Ed. 1978] 
CHAPTER 239 
PATENTS 
ARRANGEMENT OF SECTIONS 
SECTION 
1. Short title. 
2. Interpretation. 3. Exclusive right to invention. 4. Form of letters patent and privileges conferred. 
5. Letters patent not to be granted in certain cases. 
6. Application for letters patent. 7. Declaration. 8. Petition, specification, etc., to be recorded. 9. Records may be inspected. 10. Certified copies to be received as evidence. 11. Specifications may be amended. 12. Provisional certificate. 13. Appeal from Attorney-General. 14. Procedure where no opposition is made to application. 15. Where application is opposed. 16. Where letters patent have been granted for inventions already patented outside Fiji. 17. Letters patent to be registered. 18. Attorney-General may annul letters patent. 19. Letters patent to be for one invention only. 20. Notice of proceeding under section 5 to be published. 21. Copy of order of Supr eme Court forwarded to 
Administrator-General. 22. Supreme Court may order amendments. 23. Patent granted in United Kingdom may be registered in Fiji. 24. Copy of specifications to  be submitted with a 
certificate. 25. Opposition. 26. Effect of certificat e of registration. 
27. Commencement and duration of privileges and rights. 28. Court may annul. 29. Amendment of specification. 30. Where rights have been assigned, transmitted, etc. 31. Regulations. --------------------------------------------- ------------  
PATENTS 
Ordinances Nos. 3 of 1879, 7 of 1882, 12 of 1924, 
13 of 1933, 4 of 1956, 30 of 1959, 
37 of 1966, 26 of 1967. 
AN ACT TO MAKE PROVISION FOR THE 
ISSUE OF LETTERS PATENT FOR 
INVENTIONS  
[25th January, 1879.] 
Short title  
1. This Act may be cited as the Patents Act. 
Interpretation  
2. In this Act, unless the context otherwise requires- 
"invention" means any 
manner of new manufacture and every new process of manufacture and every new method of application of known processes and improvements in any 
known process; 
"inventor" includes the 
heirs, executors, administrators or assigns 
of an inventor. 
Exclusive right to invention  
3. Every inventor shall be entitled under the conditions 
and restrictions hereinafter en acted to the sole exclusive 
right of and in his invention. 
Form of letters patent and privileges conferred  
4. The right and privilege gran ted to inventors shall be 
conferred by letters patent under the seal of Fiji in the 
prescribed form whereby the inventor shall be entitled 
to the sole and exclusive pr ivilege of using, selling or making his said invention in  Fiji and of authorising 
others so to do for the term of fourteen years from the 
date of the letters patent. 
(Amended by 26 of 1967 s.2.)  
Letters patent not to be granted in certain cases 
5. No person shall be entitled to letters patent- 
(a) if the invention is of 
no utility; (b) if the invention at the time of presenting the petition was not a new invention; (c) if the petitioner is not the true and first inventor thereof; or (d) if the petition or any specification contains a 
wilfully false statement, 
and any person interested may make a an application to 
the Supreme Court on any such grounds for the 
cancellation of revocation of any letters patent. 
(Amended by 30 of 1959, s. 2.)  
Application for letters patent  
6. Every person desirous of obtaining letters patent under this Act shall file  in the office of the 
Administrator-General a petiti on in the prescribed form 
signed by him or his agent or attorney setting forth the residence of the inventor a nd the title of the invention. 
To the petition shall be annexed a specification (or instrument in writing) particularly describing and ascertaining the nature of the said invention and the manner in which the same is to be produced or performed, and with such speci fication or instrument in 
writing shall be filed the drawings necessary to 
elucidate the same, and such  petition and all documents 
and drawings accompanying the same shall be in duplicate. 
(Amended by 30 of 1959, s. 3 and 26 of 1972, s. 3.)  
Declaration  
7. Every petition and spec ification particularly 
describing the nature of an invention shall be 
accompanied by a declaration in writing signed by the petitioner or his agent or attorney for him in the 
prescribed form. 
(Amended by 26 of 1972, s. 4.)  
Petition, specification, etc., to be recorded  
8. The Administrator-General shall cause to be filed 
every petition and specification with accompanying drawings, if any, explaining th e nature of any invention 
and also any certificate granted by the Attorney-General and every letters patent i ssued and a memorandum of 
any order relating thereto. 
(Amended by 30 of 1959, s. 4.)  
Records may be inspected  
9. Such records shall be ope n to the inspection of all 
persons at any reasonable hour upon the payment of a 
fee of one dollar, and any person may have a copy of any document recorded on payment for the same at the rate of ten cents for every folio of seventy-two words. 
(Amended by 30 of 1959, s. 5.)  
Certified copies to be received as evidence  
10. Copies of any documents so recorded certified as 
correct by the Administrator-General shall be received in evidence in any court of law in Fiji. 
(Amended by 30 of 1959, s. 6.)  
Specifications may be amended  
11. A specification may be amended on application to 
the Administrator-General or, if the Administrator-
General refuses to allow such amendment, the same may be amended by leave of the Attorney-General, and 
an amended specification sha ll, except as to suits and 
proceedings pending at the date of amendment, have the same effect as though it had been the specification 
originally filed: 
Provided that no extension or enlargement of any 
exclusive privilege before acquired shall be affected by such amendment. 
(Substituted by 7 of 1882, s. 1, and amended by 30 of 1959, s. T)  
Provisional certificate  12. When any applicant has f iled his petition for letters 
patent the Administrator-General shall refer the same to 
the Attorney-General* with one of the duplicates of 
such petition and the specification and all other accompanying documents and drawings and a certificate of the filing of the petition, and the Attorney-General* shall, if he deems the invention as prima facie entitled to protection, issue a cer tificate to that effect as 
in the prescribed form, and the inventor shall, subject to the provisions of this Act be protected for a period of 
six months in like manner as by letters patent: 
Provided nevertheless that it shall be competent to the 
Attorney-General* to ex tend the period of such 
protection pending the decision as to any opposition 
made to the granting of any letters patent as to him shall seem necessary. (*Delegated to Administrator-General by Notification 29th April, 1971.) 
(Amended by 30 of 1959, s. 8 and 26 of 1967, s. 5.)  
Appeal from Attorney-General  
13. If in any case the Attorney -General refuses to issue 
such certificate as hereinbefo re provided an appeal shall 
lie from the decision of the Attorney-General so 
refusing such certificate to the Supreme Court who may 
direct the same to be i ssued by the Administrator-
General in such manner and subject to such conditions and restrictions as  shall seem fit: 
Provided that- 
(a) such application shall 
be made to the Supreme Court within one month from the time of the decision of the Attorney-General refusing a certificate being made known to the applicant for letters patent or to his 
agent or attorney; 
(b) any certificate to be 
issued by direction of the Supreme Court shall be issued within three months from the date of such appeal and upon the issue of such certificate 
like proceedings shall be had and taken as if such certificate had been issued by the Attorney- General. 
(Amended by Order 7th October, 1970.)  
Procedure where no opposition is made to application 
14. Within two months of the issue of the certificate of 
the Attorney-General or, where the Attorney- General 
has refused to issue such certificate, from the date of issue of the same by the Administrator-General as provided in section 13, the a pplicant for letters patent 
shall give notice in the prescribed form twice in the Gazette and twice in one ot her newspaper published in 
Fiji and, if no notice of oppos ition to the application for 
letters patent be sent to  the Administrator-General 
within three months of the date of publication of the last 
of such notices, the Administrator-General shall report such fact to the Attorney-G eneral and Attorney-General 
shall, within three months from the date of such report, cause letters patent to be i ssued with such reservations, 
provisos and conditions as may be deemed fit. 
(Amended by 30 of 1959, s. 9 and 26 of 1967, s. 6 and Order 7th October, 1970.)  
Where application is opposed. Holder of certificate may 
appeal  
15. Any person desiring to oppose such application 
shall within three months of the date of the first notice of the application for letters patent provided for in section 14 give notice in writing of his opposition to 
such application and of the grounds thereof to the Administrator-General who shall, after hearing the 
parties to and against su ch application and such 
witnesses as he may deem necessary, decide the same 
and intimate his decision to the Attorney-General who shall within three months from the date of such intimation, if the same be favourable to the person holding a provisional certificate, direct the issue of letters patent to such person with such reservations, provisos and conditions as may be meet. In case the decision be adverse to the pa rty holding the provisional 
certificate he may appeal against such decision to the 
Supreme Court which shall within three months from 
the date of such appeal either  direct the issue of letters 
patent to the appellant subj ect to such reservations, provisos and conditions as it may deem fit or make such 
other order as may be meet. 
(Substituted by 7 of 1882, s. 3, and amended by 30 of 1959, s. 10 and Order 7th October, 1970.)  
Where letters patent have been granted for inventions 
already patented outside Fiji  
16. Where upon application made under this Act letters 
patent are granted in Fiji in respect of any invention first invented in any other country  or place and a patent or 
like privilege for the exclusive use of such invention has been granted in any such other country or place before the grant of letters patent in Fiji, all rights and privileges under such letters patent last mentioned shall (notwithstanding any term therein limited) cease and be void immediately upon the expiration or other determination of such patent or like privilege granted in such other country or place or, where more than one such patent or like privileg e is obtained, then upon the 
expiration or other determin ation of the term which 
shall first expire or be determined of such several 
patents or like privileges: 
Provided always that no lett ers patent shall be of any 
validity if issued for on in respect of any invention for 
which any such patent or like privilege as aforesaid 
shall have been obtained in any such other country or 
place and which shall be granted in Fiji after the 
expiration of the term for whic h such patent or privilege 
was granted or was in force. 
(Substituted by 7 of 1882, s. 4.)  
Letters patent to be registered  
17. All letters patent and assi gnments of letters patent 
shall be registered in the office of the Administrator-
General on payment to him of the prescribed fees. 
(Substituted by 37 of 1966, s. 62.) 
Attorney-General may annul letters patent  
18. Letters patent may be annulled by the Attorney- 
General if the same be proved to be prejudicial to the public interests or if the sp ecial conditions on which the 
same have been granted are not observed. Notice of any letters patent being annulled and the cause thereof shall 
be inserted in the Gazette. 
(Amended by 30 of 1959, s. 12.)  Letters patent to be for one invention only  
19. No letters patent shall in clude several distinct and 
separate inventions but where one invention is 
applicable to the improvement of several manufactures 
or where several inventions are applicable to the improvement of one and the same manufacture the 
whole may be included in the same letters patent. 
Notice of proceeding under section 5 to be published  
20. Any person intending to a pply to the Supreme Court 
under the provisions of sec tion 5 for cancellation or 
revocation of letters patent  shall give at least one 
month's notice of his inten tion to proceed under section 
5 by notice in the Gazette and such notice shall be 
published in not less than three issues of the Gazette and the period of one month before mentioned shall commence from the date of the publication of the last of such notices and such public ation shall be in lieu of 
service of any writ or proce ss required by the rules of 
the Supreme Court. 
(Amended by 30 of 1959, s. 13.)  
Copy of order of Supreme Court forwarded to 
Administrator-General  
21. If upon any of the grounds set out in section 5, the 
Supreme Court shall order any letters patent to be cancelled or revoked, a copy of such order shall be forthwith forwarded by the Chief Registrar of the Court to the Administrator-General who shall record the same, and all right under any letters patent so cancelled or 
revoked shall cease. 
Supreme Court may order amendments  
22. The Court may order any specification or petition to be amended and may reserve its decision for a time sufficient to allow of such amendment to be effected and thereafter give judgment on such terms as to costs 
and otherwise as may seem fit. 
UNITED KINGDOM PATENTS  
Patent granted in United Kingdom may be registered in 
Fiji 
*23. Any person being the grantee of a patent in the United Kingdom or any pers on deriving his right from such grantee by assignment. transmission or other 
operation of law may apply to the Administrator- General within three years from the date of issue of the patent to have such patent registered in Fiji. Where any 
partial assignment or transmission has been made all proper parties shall be join ed in the application for 
registration. (* Inserted by 12 of 1924.) 
(Amended by 30 of 1959. s. 14.)  
Copy of specifications to be  submitted with a certificate  
*24. Every application under th e provisions of section 
23 shall be accompanied by a certified copy of the 
specification or specifications , including drawings, if 
any, of the United Kingdom patent and a certificate of the Comptroller-General of  the United Kingdom Patent 
Office giving full particulars of the issue of the patent 
on such specification or specifications. 
(* Inserted by 12 of 1924.) 
Opposition  
*25.-(1) Upon such application being received together 
with the documents men tioned in section 24 the 
Administrator-General shall advertise the application in 
such manner as may be pres cribed and any person may 
at any time within two mont hs from the date of such 
advertisement give notice to  the Administrator-General 
of opposition to the issue of a certificate of registration 
as though such notice were a notice under section 15 for 
opposition to the grant of letters patent. 
(* Inserted by 12 of 1924.) 
(2) Where notice of oppositi on is given within the 
prescribed time the Admin istrator-General shall 
transmit a copy of the notice to the applicant and, after 
hearing both parties if desirous of being heard, shall 
decide on the case. 
(3) If there is no opposition or, in the case of opposition, 
if the decision of the Admini strator-General is in favour 
of the issue of the certi ficate of registration, the 
Administrator-General sha ll issue a certificate of 
registration. 
(Section amended by 30 of 1959, s. 15.)  
Effect of certific ate of registration  *26. Such certificate of regist ration shall confer on the 
applicant privileges and rights subject to all conditions 
established by the law of Fiji as though the patent had been issued in the United Kingdom with an extension to Fiji. 
(* Inserted by 12 of 1924.) 
Commencement and duration of privileges and rights 
*27. Privileges and rights so granted shall date from the 
date of the patent in the United Kingdom and shall 
continue in force only so l ong as the patent remains in 
force in the United Kingdom: 
Provided that no action for infringement shall be 
entertained in respect of any manufacture, use or sale of 
the invention prior to the date of the issue of the certificate of registration in Fiji. 
(* Inserted by 12 of 1924.) 
Court may annul  
*28. The court shall have power, upon the application 
of any person who alleges that his interests have been prejudicially affected by th e issue of a certificate of 
registration, to declare that the exclusive privileges and rights conferred by such certi ficate of registration have 
not be acquired on any of the grounds upon which the United Kingdom patent might  be revoked under the law 
for the time being in force in the United Kingdom. Such grounds shall be deemed to include the manufacture, use or sale of the invention in Fiji before the priority 
date applicable to the patent in the United Kingdom, but not to include the manufactur e. use or sale of the 
invention in Fiji by some person or persons after the priority date applicable to the patent in the United Kingdom and before the date of the issue of the certificate of regist ration under section 25. 
(* Inserted by 12 of 1924.) 
(Amended by 13 of 1933, s. 2, and 4 of 1956. s. 21.)  
Amendment of specification  
*29. Whenever the specifications or drawings of a 
United Kingdom patent registered in Fiji have been amended by way of disclaimer, correction or explanation according to the law of the United Kingdom, a request accompanied by. a copy of the specifications and drawings, if any, as amended duly certified by the Comptroller-General of the United Kingdom Patent Office may be made to the 
Administrator- General to substitute a copy of the 
specifications and drawings as amended for the specifications and drawin gs originally filed. 
(* Inserted by 12 of 1924.) 
Where rights have been assigned, transmitted, etc.  
*30. Where a person becomes entitled by assignment, transmission or other operation of law to the privileges and rights conferre d by a certificate of registration or to 
any interest therein he ma y make application in the 
prescribed manner to the Administrator-General for the entry on the register of such  assignment, transmission or 
other instrument affecting the title or giving an interest 
therein. 
(* Inserted by 12 of 1924.) 
Regulations 
*31. The Attorney-General may make such general 
regulations and do such th ings as he may think 
expedient subject to the pr ovisions of this Act for 
regulating procedure under this  Act, and for prescribing 
the forms to be used and the fees to be paid in respect of proceedings under this Act. (* Inserted by 12 of 1924.) 
(Amended by 26 of 1967 s. 9.)  
Controlled by Ministry of the Attorney-General 
—————————————— 
Subsidiary Legislation 
CHAPTER 239 
PATENTS 
SECTION 31-PATENTS REGULATIONS  
Regulations 8th Oct., 1965 
[in force 15th Oct., 1965] 
Made by the Governor in Council 
Short title  
1. These Regulations may be cited as the Patents 
Regulations. Advertisement of applic ation for registration  
2. Applications made under the provisions of section 23 
of the Act or registration in Fi ji of patents granted in the 
United Kingdom shall be advertised once in the Gazette and once in a newspaper published and circulating in 
Fiji in Form 1 contained in the Schedule. 
Application for entry in register  
3. Applications for entry in the register under the 
provisions of section 30 of the Act shall be made in 
Form 2 contained in the Schedule: 
Provided that the Administrator- General may in any 
particular case permit an a pplication in any other form. 
Production of documents of title 
4. Every document giving effect  to or being evidence of 
the assignment, transmission or devolution of the 
privileges and rights or inte rest specified in section 30 
of the Act or affecting the pr oprietorship thereof, or any 
interest therein as claimed by an application under the said section, except such doc uments as are matters of 
record in, Fiji, shall, unless the Administrator-General otherwise directs, be produced  to him together with the 
application and he may call for such other proof of title 
as he may think fit. 
SCHEDULE  
Form 1  
PATENTS ACT 
(CHAPTER 239)  
PATENTS REGULATIONS  
(Regulation 3)  
NOTICE OF APPLICATION  
In the matter of the application of ............................................................................... 
for a certificate of registra tion of Letters Patent for 
.................................................... Notice is hereby given that an application has been 
made for the issue of a cert ificate of registration of 
Letters Patent herein under the provisions of section 23 
of the Patents Act. Any person desirous of opposing such application is required  to give notice of such 
opposition and of the ground thereof to the Administrator-General within two months from the date 
of the publication hereof. 
Dated at this ........................ day of ..........................., 
19................ 
Signed ...................................... 
Applicant(s)  
—————————————— 
Form 2  
PATENTS ACT 
(CHAPTER 239)  
PATENTS REGULATIONS  
(Regulation 4)  
APPLICATION FOR ENTRY OF NAME OF 
SUBSEQUENT PROPRIETOR OF GRANT IN 
THE REGISTER  
To: The Administrator-General, Government Buildings. Suva Fiji. 
(a) Full name, occupation and 
address of applicant(s). I/We (a)..........................................................................
of ........................................................................................
(b) Address for service. whose address for service is (b) ....................................
........................................................................................hereby apply to have my/our name(s) entered in the re
g
proprietor(s) of the rights and privileges conferred by 
(c) Official number of patent and date. Certificate of Registration numbered (c) 
..................................................... and granted the ........................................... 19 . . . . . . , 
(d) Full name of original under the Patents Act to (d) .......................................... .grantee. ........................................................................................
(e) Particulars of document 
under which applicant claims to be entitled. I/We claim to be so entitled by virtue of (e) 
............................................... ........................................................................................in proof whereof I/We transmit the accompanying doc
u
........................................................................................
........................................................................................
together with (an) attest ed copy (Copies) thereof (resp e
Dated at ........................... this .................... day of 
............................., 19............... 
Signed ................................................................... 
Applicant(s)  
————————————— 
SECTION 31-PATENTS (FEES) REGULATIONS  
Regulations 25th Nov., 1974, 30th June, 1976. 
Made by the Attorney-General 
Short title  
1. These Regulations may be cited as the Patents (Fees) Regulations. 
Fees  
2. The fees specified in the Schedule shall be paid to the 
Administrator-General for the several matters referred 
to therein. 
SCHEDULE 
(Sections 17 and 31) 
(Amended by Regulatio ns 30th June 1976)  
$
...
c 
1. On depositing petition and specification ................................................................... 25.00 2. Attorney-General's fee fo r provisional certificate of 
protection .................................. 25.00 
3. On obtaining Letters Patent 
..................................................................................... 
45.00 
4. On lodging particulars of objections 
......................................................................... 10.00 
5. Every search and inspection 
...................................................................................... 
2.00 
6. Registration of Letters Patent 
..................................................................................... 
5.00 
7. Filing memorandum of alteration or amendment of 
specification .................................. 5.00 
8. Registration and assignment of Letters Patent 
............................................................. 5.00 
9. Copy of extract of any writing per folio of seventy-
two words .................................... 1.00 
10. For certificate of regist ration issued under section 
25 of the Act ................................ 5.00 
11. For registration of an assignment under section 30 
of the a Act ................................. 5.00 
12. For making substitution of or amended 
specifications ................................................ 5.00 
13. On lodgement of applic ation and specification under 
section 23 of the Act .............. 25.00 
—————————————— 
SECTION 31-PATENTS (FORMS) 
REGULATIONS  
Regulations 12th February, 1971 
Made by the Attorney-General 
Short title  1. These Regulations may be cited as the Patents 
(Forms) Regulations. 
Forms 
2. The forms contained in the Schedule shall be the 
forms to be used in resp ect of the matters therein 
respectively set out. 
Form 1  
SCHEDULE  
LETTERS PATENT 
(Section 4)  
No. 
FIJI  
LETTERS PATENT  
ELIZABETH THE SECOND, by the Grace of God, Queen of Fiji and of Her other Realms and Territories, 
Head of the Commonwealth: 
To all to whom these presents shall come. Greeting: Attorney-General. 
I Do, by these Letters Patent, give and 
grant to the person whose name is specified hereunder Special Licence and the exclusive right. subject to the laws in force from time to time in Fiji by ................................... agents and licensees, at all times during the term of these Letters Patent, to make, use, 
exercise and vend throughout Fiji the 
invention the title of  which is specified 
hereunder and being the invention that is fully defined in the claim or claims of the complete specification accepted in accordance with the provisions of the Patents Act in such manner as ............................................................................... think fit, so that ................................................................. shall have and enjoy the whole profit and advantage accruing by reason of the invention during that term. 
Name of Patentee: Address of Patentee: Name of Actual Inventor: Title of Invention: Number of Complete Specification: Term of Letters Patent:                                                                                                                                         Fourteen years                                                                                                                         
commencing on 
IN WITNESS whereof I have caused 
these Letters to be made Patent. 
WITNESS ......................................... 
Attorney-General of Fiji at Suva this ..................... day of ................., one thousand nine hundred and 
.................................... . 
Form 2  
PETITION 
(Section 6)  
I, ........................................................... of 
................................................ do hereby humbly petition The Attorney-General  for Letters Patent in 
respect of an invention (state  title of invention). I have 
furnished with this petition the necessary specifications or instruments particularly de scribing the nature of the 
said invention and a solemn declaration that I am the 
true and first inventor thereof in accordance with law. 
(Signed) 
Petitioner (or, Agent or Attorney for Petitioner). 
Form 3  
DECLARATION 
(Section 7)  
I, ............................................................ of 
................................................ do solemnly and sincerely declare that I am in  possession of an invention 
for. etc ................................................... (the title as in petition) 
which invention I believe will be of great public utility. 
that I am the true and first inventor thereof and that the same is not in use by any other person or persons to the best of my knowledge and be lief and that the instrument 
in writing under my hand hereunto annexed particularly describes and ascertains the nature of the said invention 
and the manner in which the same is to be performed. 
Form 4  
CERTIFICATE 
(Section 12)  
With reference to the petition of 
..................................................... of ............................................................ which has been referred to me by the Administrator- General to consider what may be properly done therein I do certify 
as follows: 
That the said petition sets  forth that the petitioner 
(state briefly the allega tions of the petition). 
That in support of the allegations contained in the said 
petition the declarat ion of the petitione r has been laid 
before me wherein he solemnly declares that 
(state briefly the allega tions of declaration). 
That there has also been laid before me a specification or instrument in writing particularly describing the 
nature of the said invention and a certificate of the filing 
of the said petition, decl aration and specification. 
Having duly and carefully considered the same I hereby certify that the petitioner is entitled prima facie to protection on account of his said invention provided the 
said application for Letters Patent be duly advertised 
according to the Patents Act and that the petitioner do 
otherwise comply with the pr ovisions of the said Act. 
Given under my hand this ............................... day of ................................................, 19................. 
Attorney-General. 
Form 5  NOTICE 
(Section 14)  
In the matter of the application of 
.................................................................................. of ........................................................................................... for Letters Patent for 
................................................................... 
Notice is hereby given that an application has been 
made for the issue of Letters Patent herein under the provisions of the Patents Ac t. And any person desirous 
of opposing such application is  required to give notice 
of such opposition and of the grounds thereof to the Administrator-General within  three months from the 
date of the publication hereof. 
Applicant. 
Controlled by Ministry of the Attorney-General 
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