HSM

St. Helena Patent Guide

Registration
A patent can be registered in St. Helena pursuant to the Patents (Registration) Ordinance, Chapter 129 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:

  1. two certified copies of the specifications of the patent (including drawings, if any)
  2. 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
  3. Power of Attorney

It usually takes about two months for the Registrar of the St. Helena Supreme Court 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
St. Helena is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.

Searches
It is generally not necessary to conduct a search in St. Helena 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 five working days.

Expiry
A patent registration is valid for the same period as specified on the underlying UK or EP (UK) registration on which it is based.

Abandonment
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.

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 St. Helena (and the UK if necessary).

To record the assignment of a patent registration the documentation required is a certified copy of the document showing the assignment and the original St. Helena Certificate of Registration or a certified copy from the Registrar.

It usually takes about four months for the Registrar to process an application to record an assignment. Once the recording is complete the Registrar will issue an Assignment Certificate.

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. Helena (and the UK if necessary).

To record a change of name and/or address for a patent registration the documentation required is a certified copy of the document showing the change has been recorded in the UK and the original St. Helena Certificate of Registration or a certified copy from the Registrar.

It usually takes about four 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 recording the change.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA