Barbados Patent Guide
A patent can be registered in Barbados pursuant to the Patents Act, 2001 (cap. 314) and The Patents Regulations (No. 84 of April 17, 1984) which provide for local patent applications.
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. Authorisation of Agent (Form No. 2)
6. certified copy of priority document (if priority is claimed)
7. PCT application if required
It usually takes about two to three years for the Registrar of Corporate Affairs and Intellectual Property Office to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registrar’s Office will issue a Certificate of Registration.
Patent Cooperation Treaty
Barbados is 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.
Whilst there is no requirement to conduct a search in Barbados 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 three working days.
Once a patent has been registered in Barbados there is an annual fee payable to the Barbadian Government each year. The fee is due on the anniversary of the application date. 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.
A grace period of six months, however, is allowed for the late payment of an annual fee upon payment of a late fee. After that time the patent application shall be deemed to have been withdrawn or the patent will lapse.
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 Registrar’s Office 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 Barbados.
To record the assignment of a patent registration the only documentation required is the Deed of Assignment (either the original or a notarised copy) and an Authorisation of Agent (Form No. 2).
It usually takes six months or less for the Registrar’s Office to process an application to record an assignment. Once the recording is complete the Registrar’s Office will issue a Certificate of Recording showing the 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 Barbados.
To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change and an Authorisation of Agent (Form No. 2).
It usually takes six months or less for the Registrar’s Office to process an application to record a Change of Particulars. Once the recording is complete the Registrar’s Office will issue a Certificate of Recording showing the change.