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Patents

Anguilla

(Latin America/Caribbean) Firm Webster LP Updated 22 Mar 2021
Which patent-related international treaty is your country is a member of?

Anguilla belongs to the following patent-related international treaties:

  • Paris Convention
  • Patent Cooperation Treaty ("PCT")
  • Patent Law Treaty ("PLT")
  • European Patent Convention ("EPC")
What kinds of protection is available for inventions?

Inventions protections available in Anguilla include:

  • Inventions
  • Utility models
What kinds of subject matter (as such) are excluded from patent protection?

The following subject matter is excluded from patent protection in Anguilla:

  • Methods of medical treatment or diagnosis
  • Business methods
  • Other: Scheme, rule or method for performing a mental act, playing a game.
What are the documents and information required for filing a national patent application?

Required documents and information required for filing a national patent application in Anguilla include:

  • Name and address of the applicant(s)
  • Name and address of the inventor(s)
  • Specification (description, claims and drawings)
  • Abstract
  • Power of Attorney
  • Deed of Assignment
  • Other: A certified copy or original Certificate of the Comptroller-General with the formulation/specification. Affidavit of Use is also required. All executed documents are required to be in the English language and notarized or executed before a Consul. No legalization is required. The application for registration in Anguilla will be dependent on the information contained in the Certificate of the Comptroller General and the patent will be recorded based on those particulars. If the patent is assigned at a later date and the applicant wishes to record such assignment in Anguilla a Certificate from the Comptroller General evidencing the assignment will also be required.
Is it possible to request early publication or a deferment of publication?

Yes, it is possible to request early publication or a deferment of publication in Anguilla. An applicant, so long as all the required documents are submitted may request early publication and the Registrar, subject to the completeness of such application will cause the examination of the application of and if the Registrar is satisfied that the application for a patent ought to be granted, he shall grant the patent and proceed with the gazetting, usually within one month of the filing. 

Does the applicant have a provisional right upon the publication of an application?

Yes, the applicant has a provisional right upon publication of an application in Anguilla. Upon submission of the application, the date of receipt is assigned and for all intents and purposes, the submission date is treated as the grant date. If however corrections or amendments are required the filing date of such correction or amendment is treated as the filing date of the application and that new later date is treated as the grant date. The rights are accorded as at either date and the certificate issued by the Registrar will evidence such date.

When is it possible to file a voluntary amendment to specification?

It is possible to file a voluntary amendment prior to examination by the Registrar in Anguilla. If an applicant makes a request after examination of the application the change would not be evidenced in the certificate issued because the patent would have been granted after examination on the basis of the disclosure contained in the application filed.

Is it required to file a request for substantive examination?

No, it is not required to file a request for substantive examination in Anguilla. 

Is there a third-party opposition procedure upon publication or after grant?

Yes, there is a third-party opposition procedure upon publication or after the grant in Anguilla. 

What is the time period from application to grant for a straightforward application (no office actions or oppositions)?

N/A, see next section. 

Is there any process for accelerated examination of application?

We have disregarded the above timeline because patents are usually registered within one month, a year from the date of submission of the application. If an application is incomplete the Registrar usually requires that the correction/amendment/additional submission be made within two months of the filing of the application. Upon examination and subsequent publication, any person who opposes the grant is given two months from the date of the advertisement within which to file an application. There is no specific requirement save that the applicant should ensure that the application and supporting documents are in order before requesting accelerated examination.

To maintain the validity of patent, is it required to pay an annuity in your country?

Yes, it is required to pay an annuity to maintain the validity of a patent in Anguilla. 

Is late payment of annuity permissible?

Yes, late payment of annuity is permissible in Anguilla. The prescribed annual fee on payment of the prescribed surcharge. If the annual fee is not paid the Registrar may deem that the application was withdrawn or the patent shall lapse. 

Annual Fees for Patents:

1st year to 5th year $100.00 per year
6th year to 10th year $150.00 per year  
11th year to 15th year $200.00 per year
16th year to 20th year $250.00  per year 
Surcharge for late payment of an annual fee 10% of the overdue fee
What are the available enforcement methods in your country?

Available enforcement methods in Anguilla include:

  • Civil enforcement
Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware?

None identified. 

Patents

Anguilla

(Latin America/Caribbean) Firm Webster LP Updated 22 Mar 2021