Seychelles Patent Guide

Registration
A patent can be registered in the Seychelles pursuant to the Patents Act 1991 (Cap. 156) (Revised Edition) which provides for both local patent applications and applications to extend rights under a UK or European Patent (EP (UK)) registration within three years from the date of registration in the UK.

For a local 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. Power of Attorney (notarised)
6. certified copy of priority document (if priority is claimed)
7. PCT application if required

For a UK or EP (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 or EP (UK) patent
3. Power of Attorney (notarised)

It usually takes about 18-24 months for the Registrar of Patents in the Seychelles Intellectual Property Office to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registrar will issue a Certificate of Registration.

Patent Cooperation Treaty
The Seychelles are signatory to the Patent Cooperation Treaty (PCT) and accordingly national phase filing of a PCT patent is possible. This is encouraged if you are seeking coverage in another domicile. A PCT application can simplify the process of seeking a patent in countries that are party to the Patent Cooperation Treaty.

Searches
Whilst there is no requirement to conduct a search in the Seychelles prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within five working days.

Annual Fees
Once a patent has been registered in the Seychelles there is an annual fee payable to the Seychelles Government which becomes due on the first anniversary of the filing date and annually thereafter. Annual fees for a PCT issued patent are due on the same date.

Failure to pay an annual fee will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.

Expiry
A local patent registration is valid for 14 years and may be extended for an additional 7 or 14 years. A UK or EP (UK) based patent registration is valid for 20 years from the filing date of the underlying 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 Registrar accordingly. This will avoid us sending out unnecessary Reminder Notices.

Restoration
It is possible to make an application to the Registrar to restore an abandoned patent within three years of the date from which the patent ceased to have effect upon payment of any unpaid annuity fees and penalties.

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 the Seychelles (and the UK if necessary).

To record the assignment of a local patent registration the only documentation required is either the original Deed of Assignment or a certified copy (notarised) and a Power of Attorney (notarised).

To record the assignment of a UK or EP (UK) based patent registration the only documentation required is a certified copy of the UK or EP (UK) extract showing the assignment and a Power of Attorney (notarised).

It usually takes six months or less for the Registrar to process an application to record an assignment. Once the recording is complete the Registrar 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 the Seychelles (and the UK if necessary).

To record a change of name and/or address for a local patent registration the only documentation required is either the original document evidencing the change or a certified copy (notarised) and a Power of Attorney (notarised).

To record a change of name and/or address for a UK or EP (UK) based patent registration the only documentation required is a request for the change, a certified copy of the UK or EP (UK) extract showing the change and a Power of Attorney (notarised).

It usually takes six months or less for the Registrar to process an application to record a Change of Particulars. Once the recording is complete the Registrar will issue a Certificate of Change of Name and/or Address.