Jamaica Patent Guide
A patent can be registered in Jamaica pursuant to the Patents Act, 1875 (amended in 1975) 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
- Power of Attorney (notarised)
A patent can also be issued with proof of a patent from an industrialised country (i.e. the UK, EU, USA, Canada, Australia or Japan) with proof of insurance. This will speed up the registration process as a local examination will not be required.
It usually takes about 12-18 months for the Registrar of Companies to process an application for registration. Paris Convention priority cannot be claimed. Once the registration is complete the Registrar will issue Letters Patent signed by the Governor General.
Patent Cooperation Treaty
Jamaica 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 Jamaica 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 weeks.
A patent registration is valid for 14 years. The term can run from the date of the application or from any date between the date of the application and the date of sealing. However, where there is a foreign corresponding patent the registration will expire on the date that the foreign patent expires. If there is more than one foreign corresponding patent the registration will expire on the date that the first of the foreign patents expires.
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 Jamaica.
To record the assignment of a patent registration the only documentation required is the Deed of 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 return the Deed 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 Jamaica.
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.
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 return the certified copy of the document evidencing the change.