St. Kitts & Nevis Patent Guide
A patent can be registered in St. Kitts & Nevis pursuant to the Patents Act, 2000 (Cap. 18.25) (2002 Revised Edition) and the Patents Regulations which provide 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
- Statement and Declaration (notarised)
- Power of Attorney (one witness) (notarised)
- certified copy of priority document (if priority is claimed)
- PCT application of required
Until mid-2020 the St. Kitts & Nevis Intellectual Property Office was accepting but not processing applications for registration. Applications are now being examined. Paris Convention priority can be claimed. On receipt of the application the Office will issue a stamped copy of the application as evidence of filing.
Patent Cooperation Treaty
St. Kitts & Nevis are 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 St. Kitts & Nevis 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. At present, however, searches cannot be undertaken.
Once a patent has been registered in St. Kitts & Nevis there is an annual fee payable to the St. Kitts Government each year. The fee is due on the anniversary of the filing date.
Failure to pay an annual fee will result in the rights protected by the registration being deemed to have been withdrawn and the patent will lapse.
A grace period of six months, however, is allowed for the late payment of an annual fee.
When granted a patent registration will be 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 application or allow it to lapse so that we can update our records and advise the 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 St. Kitts & Nevis.
To record the assignment of a patent registration the only documentation required is the Deed of Assignment (notarised) and a Power of Attorney (one witness) (notarised).
At present, however, the Office is unable to process an application to record an 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 St. Kitts & Nevis.
To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change and a Power of Attorney (one witness) (notarised).
At present, however, the Office is unable to process an application to record a Change of Particulars.