17/12/2017
Applying for Letters Patent in Jamaica?
What is a Patent?
A Patent is an intellectual property right in the form of a grant by the government of a country to an inventor for exclusive use of an invention for a specified period of time. During this period no person may, without the authorization of the inventor, make, use or sell the invention.
How to obtain Letters Patent
Based on the Patent Act of 1857 an application has to be made to the Governor General by way of Petition stating that the applicant has invented or discovered some new and useful art, machines, manufacture or composition of matters not previously known to or used in Jamaica or some improvement in any such invention or discovery. (The key considerations are novelty and utility of the public.)
The applicant should also submit a declaration stating that he is the true inventor or discoverer of the art, machine, manufacture or composition of matters or improvement and that such invention, discovery or improvement has not been known or used in Jamaica.
The applicant should also submit a written description or specification in duplicate of the invention and the manner of using or the process of compounding the invention together with drawings if applicable.
The Petition together with the Declaration, Specification and Form of Letters Patent should be submitted to the Jamaica Intellectual Property Office which will in turn submit to the Attorney General for testing and issuance of a certificate of allowance.
Duration of a Patent
Patents are effective for 14 years from the date on which it was granted. Usually this will be the date of the application.
The process to obtain Letters Patent takes up to three (3) years from the filing of the application to the grant.
Fees
The fees remain the same as contained in the Act.
Submission of Application J$15.00
Examiner’s Fees J$25.00
Publication Fees Varies based on the paper (4 consecutive weeks of publication in Gazette and a newspaper)
Stamp duty and recording fees can be obtained from the Stamp Office and Registrar General’s Department respectively.
Write to us for more information.
