Antigua & Barbuda Patent Guide

Registration
A patent can be registered in Antigua & Barbuda pursuant to The Patents Act, 2018 which provides for local patent applications.

The following information and documentation is required:

1. a request for the grant of the patent (notarized) (Form 1)
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. applicant’s name, address and nationality
6. Power of Attorney (notarised)
7. certified copy of priority document (if priority is claimed)
8. PCT application if required

Up until 22 November, 2018 the Registrar’s Office was accepting but not processing applications for registration. As of 22 November, 2018 applications will be processed on the filing of a request for examination. Paris Convention priority can be claimed. Once the registration is complete the Registrar’s Office will issue a Certificate of Registration.

Patent Cooperation Treaty
Antigua & Barbuda 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.

Searches
Whilst there is no requirement to conduct a search in Antigua & Barbuda 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.

Annual Fees
Once a patent has been registered in Antigua & Barbuda there is an annual fee payable in advance to the Antiguan Government each year. The fee is due on or before the anniversary of the filing date of the patent.

A grace period of six months is allowed for late payment of an annual fee on payment of a surcharge. If the fee is not paid within that time the patent will lapse.

Expiry
A patent registration is valid for 20 years. Once the registration has expired it cannot be renewed.

Abandonment
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 Registrar’s Office accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
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 Antigua & Barbuda.

To record the assignment of a patent registration the documentation required is the Deed of Assignment (notarised), a Declaration verifying the assignment (notarised), a Power of Attorney (notarised) and a Recording of Change in Ownership Form (notarised).

It usually takes 18 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 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 Antigua & Barbuda.

To record a change of name and/or address for a patent registration the only documentation required is the document evidencing the change (notarised) or a Declaration certifying the change (notarised) and a Power of Attorney (notarised).

It usually takes 18 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 Change of Name and/or Address.