Legal notes to patent registration in Anguilla

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Patent registration in Anguilla. Anguilla is a British overseas territory in the Caribbean. Anguillan cuisine is influenced by the native Caribbean, African, Spanish, French, and English cuisines. Seafood is abundant. The island’s cultural history begins with the native Taino, Arawak, and Carib. Their artifacts have been found around the island, telling of life before European settlers arrived. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Anguilla.

Patent in Anguilla

A patent in Anguilla is a form of intellectual property that includes a set of exclusive rights granted to an inventor or their assignee under the Anguilla patents act for a limited period in exchange for the public disclosure of an invention.

Protection of European (EP) patents designating the UK has been extended to Anguilla. Accordingly, on an application made in Anguilla, the owner of a European patent designating the UK has the same rights as the owner of a UK patent.

If the applicant applies for patent registration in Anguilla based on an existing UK patent, normally, the applicant will be granted a patent within 3 years of the UK’s patent’s date of issue. The patent will expire with the UK patent.

The same procedure applies to a European patent.

The unpatentable invention in Anguilla

To be patentable in Anguilla, an invention must be new, non-obvious, inventive, and industrially applicable.

In addition, an invention can also be an improvement on existing items or methods.

Accordingly, the invention that is not patentable in this country are:

  • Discoveries as well as laws of nature and mathematical methods;
  • Aesthetic designs;
  • Systems, rules, and methods for the performance of mental labor, games or management as well as computer programs;
  • Presentation of data and abstract ideas.

Necessary documents for patent registration in Anguilla

The necessary documents for patent registration in Anguilla include:

  • The request to grant a patent (patent application);
  • Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, and citizenships, etc.;
  • A description of the invention (even if it complies with formal requirements only).
  • A filing number and date of a priority application or a PCT application;
  • A signed and stamped power of attorney by the applicant(s);
  • A copy of the amendments (if any);
  • Priority documents (if any).
  • Other required documents.

The procedure of patent registration in Anguilla

To obtain a patent in Anguilla, the applicant needs to file their patent application to the Anguilla IP Office.

The application will then undergo formal examination by the examiners at the IP Office to check if the application complies with the law on IP in Anguilla or the Anguilla Patent Act requirements.

If there are no issues with the formality, the application will go to the publication period that lasts 2 months before a Certificate of Registration can be issued during which any third parties may file for opposition to the patent registration of the invention.

A patent is protected in Anguilla for 20 years from the date of filing or in accordance with the UK or EP patent being extended.

Once registered, a prescribed annual fee becomes payable to the Registrar beginning 1 year after the filing date of the application.

When obtaining a patent in Anguilla, an invention can not be used, manufactured, duplicated or sold without the patentee’s authorization. Patent rights can be enforced in court against third party infringers who practice the invention without the permission of the patentee.

You can see a list of Anguilla IP firms here.

 

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