Gibraltar Patent Guide
A patent can be registered in Gibraltar pursuant to the Patents Act, 1924 which provides for applications to extend rights under an existing UK or European Patent (EP (UK)) registration. The application for registration must be made within three years of the grant of the UK or EP (UK) registration.
The following information and documentation is required:
- a certified copy of the specifications of the patent (including drawings, if any)
- a Certificate of the Comptroller-General of the Intellectual Property Office of the UK (UK IPO) giving full particulars of the issue of the patent; or
- a Certificate issued by an officer duly authorised under the Patents Act that the UK has accepted the EP (UK) as being effective in the UK and that the particulars of the application are true
It usually takes about two months for the Registrar of Patents at Companies House Gibraltar to process an application for registration. Paris Convention priority cannot be claimed. Once the registration is complete the Registrar will issue a Certificate of Registration.
Patent Cooperation Treaty
Gibraltar is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible. As of 1 January, 2021 however, PCT applications which designate the UK will also cover Gibraltar. Once a PCT patent derived from a PCT application is granted in the UK it will also automatically be extended to Gibraltar.
It is generally not necessary to conduct a search in Gibraltar to ascertain that there will be no difficulty with the application for registration because of the requirement that there be a pre-existing UK or EP (UK) registration. If, however, a search is required, the result can usually be provided within two weeks.
A patent registration is valid for the same period as specified on the underlying UK or EP (UK) registration on which it is based.
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.
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 Gibraltar (and the UK if necessary).
To record the assignment of a patent registration the only documentation required is a certified copy of the document showing the assignment (notarised).
It usually takes about two months for the Registrar to process an application to record an assignment. Once the recording is complete the Registrar will issue a Certificate of Registration 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 Gibraltar (and the UK if necessary).
To record a change of name and/or address for a patent registration no documentation is required.
It usually takes about two months for the Registrar to process an application to record a Change of Particulars. Once the recording is complete the Registrar will issue a Certificate showing the change.