Aruba Patent Guide
A patent can be registered in Aruba pursuant to Aruba Patent Act, 1995 which provides for local patent applications.
The following information and documentation is required:
1. a request for the grant of the patent
2. title of the invention
3. a description of the invention
4. one or more claims and any drawings referred to in the description or any claim
5. an abstract
6. applicant’s name and address
7. Power of Attorney
8. certified copy of priority document (if priority is claimed)
It usually takes about eight months for the Director of the Bureau of Intellectual Property to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Bureau will issue a Certificate of Registration of Patent.
Patent Cooperation Treaty
Aruba is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.
Whilst there is no requirement to conduct a search in Aruba 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 two to three weeks.
Once a patent has been registered in Aruba there is an annuity payable to the Aruban Government each year.
The fee is due on the anniversary of the application date and the first, second and third year fees are payable together on the first day of the month following the second anniversary of the filing date.
Failure to pay an annuity will result in the rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.
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 Bureau accordingly. This will avoid us sending out unnecessary Reminder Notices.
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 Aruba.
To record the assignment of a patent registration the only documentation required is the Deed of Assignment and a Power of Attorney.
It usually takes about four weeks for the Bureau to process an application to record an assignment. Once the recording is complete the Bureau 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 Aruba.
To record a change of name and/or address for a patent registration the only documentation required is a certified copy of the document evidencing the change and a Power of Attorney.
It usually takes about four weeks for the Bureau to process an application to record a Change of Particulars. Once the recording is complete the Bureau will issue a Certificate of Change of Name or Address.