New Patents Act in Force in Dominica

19 Dec 2008

ROSEAU - The new Patents Act (Act No. 8 of 1999), which was promulgated in Dominica on October 7, 1999, has finally become effective upon issuance of the Implementing Regulations on August 25, 2008, according to Lysaght & Co.

The final transitional period has been provided for by the Registry, within which it is still possible to file applications for the re-registration of granted UK or European patents, and which will expire on February 1, 2009.

The provisions of the new Patents Act which will now be effective in Dominica are as follows:

Re-registration of Granted UK Patents

• As the new Act introduces a requirement of absolute novelty (with certain standard exceptions), inter alia, and the previous Patents Act and the registration of the United Kingdom Patents Act have been repealed, it is no longer possible to re-register granted UK or European patents in Dominica.

PCT National Phase Applications

• Since Dominica is bound by the Patent Cooperation Treaty (PCT), the coming effectiveness of the new Act allows for the processing of the PCT national phase patent applications. 

Renewal Fees

• Annual renewal fees may now be payable in respect of all patents granted under the former acts (including re-registration patents), as well as in respect of all pending and new applications.  The Act states that renewal fees are payable annually, in advance, “starting one year after the filing date of the application for the grant of the patent” (Section 28(2)).

 

 



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