Dominica Patent Guide
A patent can be registered in Dominica pursuant to the Patents Act (Act No. 8 of 1999) which provides for local patent applications.
The following information and documentation is required:
- a request for the grant of the patent
- a description of the invention
- one or more claims and any drawings referred to in the description or any claim
- an abstract
- Declaration of Inventor (notarised)
- Authorisation of Agent (notarised)
- Declaration of priority claim (if priority is claimed) (notarised)
- certified copy of priority document (if priority is claimed)
- certified English translation of all of the above documents
It usually takes about 18 months for the Registrar General of the Office of the Attorney General and Minister for Legal Affairs at the Ministry of Legal Affairs to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registrar General will issue a Certificate of Registration.
Patent Cooperation Treaty
Dominica 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 Dominica 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 four working days.
Once a patent has been filed in Dominica there is an annuity payable to the Dominican Government each year. The first fee is due on the first anniversary of the filing date and subsequent fees are due annually thereafter. Annuities for a PCT issued patent are due on the same dates.
Failure to pay an annuity will result in the rights protected by the registration being deemed as withdrawn or abandoned.
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 General 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 Dominica.
To record the assignment of a patent registration the documentation required is the Deed of Assignment (notarised), a certified copy of the amended priority document (if applicable) and an Authorisation of Agent (notarised).
It usually takes four weeks or less for the Registrar General to process an application to record an assignment. Once the recording is complete the Registrar General 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 Dominica.
To record a change of name and/or address for a patent registration the documentation required is an Affidavit of Change of Address (notarised), a certified copy of the Secretary of State Certificate (if applicable), a certified copy of the amended priority document (if applicable) and an Authorisation of Agent (notarised).
It usually takes four weeks or less for the Registrar General to process an application to record a Change of Particulars. Once the recording is complete the Registrar General will issue a Certificate of Change of Name and/or Address.