1. RELEVANT AUTHORITIES AND LEGISLATION
1.1.What is the relevant St Kitts and Nevis authority?
The relevant St. Kitts and Nevis authority for registration of patents is the St. Kitts and Nevis Intellectual Properties Office.
1.2.What is the relevant St Kitts and Nevis Patent Legislation?
The relevant legislation is the Patents Act, Cap. 18.25 of the 2009 RevisedSt. Kitts and Nevis.
2. RIGHT TO APPLY
2.1.What are regarded as patentable inventions?
A patent in respect of an invention shall be granted only if the inventionsatis es the following conditions:-
i) is new
ii) involves an inventive step and
iii) is capable of industrial application
2.2.Matters excluded from patentability?
Even if they are inventions, the following matters are excluded from patentability:-
i) a discovery, scienti c theory or mathematical method
ii) a scheme, rule or method for doing business, performing amental act of playing a game and
iii) methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practicedon the human or animal body
A patent shall not be granted in respect of an invention if the commercialexploitation of the invention in St. Kitts and Nevis would be:-
i) contrary to public order or morality
ii) prejudicial to human, animal or plant life or health or
iii) prejudicial to the environment
2.3.Who has the right to apply to register a patent?
A person, whether alone or jointly with another, who makes an inventionwhich satis es section 2.1 above, may make an application for a patent,either alone or jointly with another.
2.4.Right to a patent?
The right to a patent shall belong to the inventor(s), that is to say, theperson who came up with the idea of the invention. If there is more thanone inventor, the right to the invention shall belong to them jointly.
Where two or more persons make the same invention independently ofeach other, the right to the invention shall belong to the person whoseapplication bears the earliest ling date or bears the earliest validly claimed priority date, if priority is claimed.
The right to a patent can be assigned or transferred by succession.
3. APPLICATION FOR A PATENT
3.1.What is the procedure for registration of a patent?
The application to be submitted to the Registrar shall contain the followinginformation:-
i) a request for the grant of a patent, also known as the petition
ii) speci cation containing a description of the invention
iii) claim(s) and/or drawings referred to in the description or an abstractwhich gives technical information regarding the invention and
iv) a power of attorney
An application for a patent shall relate to one invention only or to a groupof inventions, so linked as to form a single general inventive concept.
3.2.Can an application for registration of patent be amended?
Yes. It may be done at any time before a patent is granted but such anamendment shall not include any matter which was not disclosed in theinitial application led.
3.3.How is priority claimed?
Priority is claimed by ling a declaration claiming priority as provided for inthe Paris Convention of one or more earlier national, regional or international applications led by an applicant or his or predecessor in titlein a country that is a party to the Paris Convention;
3.4.How long on average does registration take?
On average, it takes two-three years to complete the registration of a patent.
3.5.What is the average cost of obtaining a St Kitts and Nevis patent?
The average cost of obtaining a St. Kitts and Nevis patent is roughly US$1,100.00.
4. ABSOLUTE GROUNDS OF REFUSAL
4.1.What are the absolute grounds for refusal of registration?
The grounds for refusal would be consistent with matters that are considered to be excluded from patentability in accordance with section 2 herein.
4.2.What are the ways to overcome absolute grounds of objection?
The most obvious way to avoid and or overcome an absolute ground(s) of objection is to ensure that your product is regarded as a patentable invention and or is otherwise not excluded from patentability.
5. OPPOSITION
5.1.On what grounds can a patent be opposed?
A patent can be opposed on the ground that it quali es as one of those listed under the matters excluded from patentability.
5.2.Who can oppose the registration of a patent?
Anyone can oppose a patent.
5.3.What is the procedure for opposition?
i) The person wishing to oppose the registration of a patent may give notice to the Registrar of the opposition to the registration of the patent in writing
ii) The Registrar shall send forthwith a copy of the notice of opposition to the applicant who shall within the prescribed period and prescribed manner lewith the Registrar a counter statement of the grounds of which he or she relies for his application
iii) If applicant does not le the counter statement, he or she shall be deemed to have abandoned his application
iv) Where the applicant les a counter statement, the Registrar shall forthwith furnish a copy of the statement to the person who gave notice of opposition and after hearing the parties if they wish to be heard and considering the merits of the case shall decide whether the patent shall be registered or not
6. REGISTRATION
6.1.What happens when a patent is granted registration?
Where the Registrar is satis ed that the application as led complies with the relevant requirements he or she shall do the following:-
commence?
i) register the patent
ii) publish a reference to the registration in the Gazette and
iii) issue to the application a certi cate of registration of patent
6.2.From which date following application do an applicant’s patent rights
The applicant’s patent rights commences from the date of registration of the application.
6.3.What is the term of a patent?
A patent shall expire 20 years after the ling date of the application for registration of patent.
6.4.How is a patent renewed?
A patent is renewable and renewed on an annual basis.
7. RIGHTS OF THE OWNER OF A PATENT
7.1. What are the rights of the owner of a Patent?
No person other than the patentee shall exploit a patented invention in St.Kitts and Nevis without the patentee’s authority
