HSM

Anguilla Patent Guide

Registration
A patent can be registered in Anguilla pursuant to the Patents Act, 2002 which provide for both national patent applications and applications to extend rights under a UK registration within three years from the date of registration in the UK.

For a national application the following information and documentation is required:

  1. a request for the grant of the patent
  2. a description of the invention
  3. one or more claims and any drawings referred to in the description or any claim
  4. an abstract
  5. Declaration of inventor
  6. Power of Attorney (notarised)
  7. certified copy of priority document (if priority is claimed)
  8. PCT application if required

For a UK-based application the following information and documentation is required:

  1. a request for the grant of the patent
  2. certified copy of the UK extract issued by the Intellectual Property Office of the UK (UK IPO)
  3. Power of Attorney (notarised)

It usually takes about 8-12 months for the Registry to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registry will issue a Certificate of Registration.

Patent Cooperation Treaty
Anguilla is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.

Searches
It is necessary to conduct a search in Anguilla to ascertain the innovativeness of the patent. The result can usually be provided in one week.

Annuity Payments
Once a national patent has been registered in Anguilla there is an annuity payable to the Anguillian Government each year. The fee is due on the anniversary of the filing date. Annuities for a PCT issued patent are due on the same date. When the annuity has been paid the Registry will issue an official receipt.

For a UK-based patent annuities are payable from the anniversary of the filing date in the UK. A certified copy of the UK extract issued by the UK IPO must be submitted to the Registry each year with the fee.

A grace period of six months is allowed for the payment of the annuity. If the annuity is not paid within that time the patent will lapse.

Expiry
A national patent registration is valid for 20 years. Once the registration has expired it cannot be renewed. A UK-based patent registration is valid for the same period as specified on the underlying UK registration on which it is based.

Abandonment
Please inform us as soon as possible if you wish to abandon your patent or allow it to lapse so that we can update our records and advise the Registry accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Anguilla (and the UK if necessary).

To record the assignment of a national patent registration the documentation required is a request for the assignment, the Deed of Assignment (notarised) and a Power of Attorney (notarised).

To record the assignment of a UK-based patent registration the documentation required is a request for the assignment, a certified copy of the UK extract showing the assignment issued by the UK IPO, the Deed of Assignment (notarised) and a Power of Attorney (notarised).

It usually takes 6-8 months for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Anguilla (and the UK if necessary).

To record a change of name and/or address for a national patent registration the documentation required is a request for the change, the official document evidencing the change (notarised), an Affidavit certifying the change (notarised) and a Power of Attorney (notarised).

To record a change of name and/or address for a UK-based patent registration the documentation required is a request for the change, the official document evidencing the change (notarised), a certified copy of the UK extract showing the change issued by the UK IPO and a Power of Attorney (notarised).

It usually takes 6-8 months for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Certificate of Change.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA