Patents (CAP. 308 1
CHAPTER 308
THE PATENTS ACT
Arrangement of Sections
Section
1 . Short title.
2 . Interpretation.
3 . Persons entitled to apply for patent. -,
4. Applications and specification.
5. Registrar may refer application to examiner.
6. Power for Registrar to refuse application or require
amendment.
7 . Time for leaving complete specification.
8. Comparison of provisional and complete specification.
9. Advertisement on acceptance of complete specification.
10. Opposition to grant of patent.
1 1 . Specifications &c., not to be published unless applica-
tion accepted.
12. Sealing of patent.
13. Date of patent.
14. Provisional protection.
15. Effect of acceptance of complete specification.
16. Granting of Letters Patent by Governor-General.
17. Power to grant patents jointly, though some grantees
are not inventors
18. Extent of patent.
19. Term of patent.
20. Amendment of specification.
2 1. Power to disclaim part of invention during action, &c..
22. Restriction on recovery of damages.
23. Advertisement of amendment.
24. Power for Cabinet to order grant of licences.
25. Register of patents.
26. Fees.
27. Extension of term of patent on petition to the Cabinet.
28. Revocation of patent.
29. Patent to bind Crown.
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2 CAP. 30'8) Patents
Section
30. Hearing with assessors.
3 1. Delivery of particulars.
32. Order for inspection, &c., in action.
33. Certificate of validity questioned and costs thereon.
34. Remedy in case of groundless threats of legal
proceedings.
35. Licensed patent agents.
36. Patent for one invention only.
37. Patent on application of representative of deceased
inventor.
38. Patent to first inventor not invalidated by application
in fraud of him.
39. Assignment of patent for particular place.
40. Loss or destruction of patent.
41. Witnesses may be summoned.
42. Proceedings and costs before Judge.
43. Exhibition at industrial or international exhibition not
to prejudice patent rights.
44. Power to require models on payment.
45. Assignment to Governor-General of certain inventions.
46. International arrangements for protection of inventions.
47. Provision for intercolonial, &c., arrangements.
48. Cabinet may make regulations.
49. Saving for prerogative.
SCHEDULE.
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Patents (CAP. 308 3
(1st September, 1906 .)
S.R.O. 2211956.
1511961.
1811989.
1. This Act may be cited as the Patents Act. Short title.
2. In this Act- Interpretation.
"British Possession" means any territory or place situate
within Her Majesty's dominions and not being or
forming part of the United Kingdom o ~ o f the
Channel Islands or of the Isle of Man: and all
territories and places under one legislature as
hereinafter definkd are deemed to bevone British
Possession for the purposes of this Act.
"Court" means the High Court.
" examiner" means any skilled person or persons to
whom the Registrar shall refer questions concern-
ing patents under this Act.
"legislature" includes any person or persons who
exercise legis!ative authority in the British posses-
sion and where there are local legislatures as well
as a central legislature means a central legislature
only.
"prescribed" means prescribed by any of the Schedules
to this Act or by regulations under this Act.
"Registrar" means the Registrar of the High Court.
"true and first inventor" "true inventor" and "inven-
tor" shall, to the extent that the context does not
express, include the person who is the actual
inventor of any invention or his assigns, or if the
actual inventor be dead, his legal representatives,
or (if the actual inventor, his legal representatives,
or assigns, is or are not resident in Antigua and
Barbuda) any person to whom such invention has
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4 CAP. 308) Patents
been communicated by the actual inventor, his legal
representatives, or assigns, but shall not include
a person importing an invention from any other
country without the authority of the actual inven-
tor, his legal representatives or assigns.
Persons entitled
to apply for
3 . (1) Any person, whether a Commonwealth citizen
patent. or not, may make an application for a patent.
(2) Two or more persons may make a joint application
for a patent, and a patent may be granted to them jointly.
(3) An applicant may be-
(a) the actual inventor; or
(b) his assigns; or
( 6 ) the actual inventor jointly with the assigns of
a part interest in the invention; or
(6) the legal representative of a deceased actual
inventor or of his assigns; or any person to whom the
invention has been communicated;
(e) by the actual inventor, his legal representatives,
or assigns (if the actual inventor, his legal represent-
atives, or assigns is or are not resident in Antigua and
Barbuda).
Applications and
specification. 4. (1) An application for a patent must be made in
the form set forth in the Schedule. or in such other form
as may from time to time be prescribed and must be left
at the Registrar's office in the prescribed manner.
(2) An application must contain a declaration by the
applicant, or, in the case of a joint application, by one of
the applicants, to the effect that the applicant or one or more
of the applicants is or are in possession of an invention,
whereof the applicant or one or more of the applicants claims
or claim to be the true and first inventor or inventors, and
for which the applicant or applicants desires or desire to obtain
a patent. The application must be accompanied by either
a provisional or complete specification, and must state an
address in the City of St. John's for the reception of notices
and other communications with respect to the application
or invention.
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Patents (CAP. 308 5
(3) A provisional specification must describe the nature
of the invention, and be accompanied by drawings, if
required.
(4) A complete specification, whether left on application
or subsequently, must particularly describe and ascertain the
nature of the invention, and in what manner it is to be per-
formed, and must be accompanied by drawings, if required:
Provided that the requirement as to drawings shall not
bc deemed to be insufficiently complied with by reason only
that instead of being accompanied by drawings the complete
specification refers to the drawings which accompanied the
provisional specification. -
(5) A specification, whether provisional or complete,
must commence with the title, and, in the case of a com-
plete specification, must end with a distinct statement of the
itlvcntion claimed.
5. The Registrar shall, if he think fit, refer any Registrar may
refer application
application to an examiner, who shall ascertain whether the ,,
nature of the invention has been fairly described and the
application, specification, and drawings (if any) have been
prepared in the prescribed manner, and the title sufficiently
indicates the subject matter of the invention, and shall report
thereon to the Registrar.
6. (1) If the Registrar is of opinion, or if, after Power for
Registrar to reference to an examiner, such examiner reports that the ..fuse application
nature of the invention is not fairly described, or that the or require
application, specification, or drawings has not or have not amendment.
been prepared in the prescribed manner, or that the title
does not sufficiently indicate the subject matter of the
invention the Registrar may refuse to accept the application
or require that the application, specification, or drawings
be amended, before he proceeds with the application; and
in the latter case the application shall, if the Registrar so
direct, bear date as from the time when the requirement is
complied with.
(2) Where the Registrar refuses to accept the applica-
tion or requires an amendment, the applicant may appeal
from his decision to a Judge in Chambers.
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6 CAP. 308) Patents
(3) The Judge shall, if required, hear the applicant and
the Registrar, and may make an order determining whether,
and subject to what conditions, (if any) the application shall
be accepted.
(4) The Registrar shall, when an application has been
accepted, give notice thereof to the applicant.
(5) If after an application has been made, but before
the patent thereon has been sealed, another application for
a patent is made, accompanied by a specification bearing
the same or a similar title, the Registrar, if he think fit, on
the request of the second applicant or of his legal represen-
tative may, within two months of the grant of a patent on
the first application either decline to proceed with the second
application or allow the surrender of the patent, if any,
granted thereon.
Time co plete for leaving 7. (1) If the applicant does not leave a complete
specification. specification with his application, he may leave it at any
subsequent time within nine months from the date of
application, and the Registrar may, on payment of the
prescribed fee, extend such time to ten months.
(2) Unless a complete specification is left within nine
months of such extended time, the application shall be
deemed to be abandoned.
Comparison of
provisional and
8. (1) Where a complete specification is left after a
complete provisional specification, the Registrar may, if he think fit,
refer both specifications to an examiner for the purpose of
ascertaining whether the complete specification has been
prepared in the prescribed manner, and whether the inven-
tion particularly described in the complete specification is
substantially the same as that which is described in the pro-
visional specification.
(2) If the Registrar is of opinion, or if, after reference
to an examiner, such examiner report that the conditions
hereinbefore contained have not been complied with, the
Registrar may refuse to accept the complete specification
unless and until the same shall have been amended to his
satisfaction; but any such refusal shall be subject to appeal
to a Judge in Chambers.
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Patents (CAP. 308 7
(3) The Judge shall, if required, hear the applicant and
thc Registrar, and may make an order determining whether
and subject to what conditions, if any, the complete specifica-
tion shall be accepted.
(4) Unless a complete specification is accepted within
twelve months from the date of application, or such extended
time not exceeding fifteen months from the date of applica-
tion, as the Registrar on payment of the prescribed fee may
allow, then (save in the case of an appeal having been lodged
against the refusal to accept) the application shall, at the
expiration of the said twelve months, or such extended time,
become void. -
(5) Reports of examiners shall not in any case be
published or be open to public inspections, and shall not be
liable to production or inspection in any legal proceeding,
other than an appeal to a Judge in Chambers under this
Act, unless the court or officer having power to order
discovery in such legal proceeding shall certify that such
production or inspection is desirable in the interest of justice,
and ought to be allowed.
9. On the acceptance of the complete specification, on
acceptance of
the Registrar shall advertise the acceptance in the Gazette and complete
the application and specification or specifications with the vecification.
drawings (if any) shall be open to public inspection at the
Registrar's office during office hours.
10. (1) Any person may, at any time within three Opposition to
grant of patent.
months from the date of the advertisement of the acceptance
of a complete specification, give notice at the Registrar's office
of opposition to the grant of the patent on the ground of
an applicant having obtained the invention from him, or from
a person of whom he is the legal representative, or on the
ground that the invention has been patented in Antigua and
Barbuda on application of prior date, or on the ground that
the complete specification describes or claims an invention
other than that described in the provisional specification, and
that such other invention forms the subject of an application
made by the opponent in the interval between the leaving
of the provisional specification, and the leaving of the
complete specification, but on no other ground.
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8 CAP. 308) Patents
(2) Where such notice is given, the Registrar may
require the person giving such notice to give security to an
amount not exceeding one hundred and twenty dollars for
the costs of the opposition; and if the security so required
is not given within the said three months, the opposition shall
lapse.
(3) Where such notice and such security, if required,
is given, the Registrar shall give notice of the opposition to
the applicant, and shall, on the expiration of the said three
months, after hearing the applicant and the person so giving
notice, if desirous of being heard, decide on the case, but
subject to appeal to a Judge in Chambers.
(4) The Judge shall, on such appeal, hear the appli-
cant and any person so giving notice and being, in the opinion
of the Judge, entitled to be heard in opposition to the grant,
and shall determine whether the grant ought or ought not
to be made.
(5) The Judge may, if he think fit, obtain the assistance
of an expert, who shall be paid by the party giving notice
of opposition such remuneration as the Judge shall deter-
mine which may be recovered as costs.
(6) The Judge or the Registrar, as the case may be,
may after decision, make such order as may be thought fit
for the payment of costs by the applicant to the party giving
notice or vice uersa, and such order may be made a rule of
Court on an application ex parte.
Specifications 1 . Where an application for a patent has been
&c., not to be
published unless abandoned or become void, the specification or specifica-
application tions and drawings (if any) accompanying or left in connec-
accepted. tion with such application shall not at any time be open to
public inspection or be published by the Registrar.
Of patent. 2 . (1) If there be no opposition, or, in the case of
opposition, if the determination is in favour of the grant of
a patent, such patent shall be sealed with the public seal of
Antigua and Barbuda.
(2) A patent shall be sealed as soon as may be, and
not after the expiration of fifteen months from the date of
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Patents (CAP. 308 9
application, except in the cases hereinafter mentioned, that ,
it is say-
(a) Where the sealing is delayed by an appeal to
a Judge in Chambers, or by opposition to the grant of
the patent, the patent may be sealed at such time as
a Judge in Chambers may direct.
(6) If the person making the application die before
the expiration of the fifteen months aforesaid, the patent
may be granted to his legal representative and sealed
at any time within six months after the death of the
applicant.
(c) Where the Registrar has extended the time for
leaving or the time for accepting the complete specifica-
tion, or both such times, the total periodd-t ime so
extended shall be added to the period of fifteen months
above provided.
13. Every patent shall be in duplicate, and one Date of patent.
duplicate shall be deposited in the Registrar's office, and every
patent shall be dated and sealed as of the day of the
application:
Provided that no proceedings shall be taken in respect
of an infringement committed before the publication of the
complete specification:
Provided also, that in case of more than one applica-
tion for a patent for the same invention, the sealing of a
patent on one of those applications shall not prevent the seal-
ing of a patent on an earlier application.
14. Where an application for a patent, in respect of ;;::;$:'
an invention, has been accepted, the invention may, during
the period between the date of the application and the date
of sealing such patent, be used and published without
prejudice to the patent to be granted for the same; and such
protection from the consequences of use and publication is
in this Act referred to as provisional protection.
15. After the acceptance of a complete specification, f:E:t;Ae ,
and until the date of sealing a patent in respect thereof, or
the expiration of the time for sealing, the applicant shall have specification.
the like privileges and rights as if a patent for the invention
had been sealed on the date of the acceptance of the com-
plete specification:
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10 CAP. 308) Patents
Provided that an applicant shall not be entitled to
institute any proceeding for infringement, unless and until
a patent for the invention has been granted to him.
Granting of 16. All Letters Patent for inventions under this Act
Letters Patent by
Governor- shall be granted by the Governor-General in the name of
General. Her Majesty, under the public seal of Antigua and Barbuda.
Power to grant
patents jointly,
17. A patent may be granted to several applicants
though some jointly, although some or one of them only are or is the true
are not and first inventors or inventor.
inventors.
Extent of patent. 18. Every patent, when sealed, shall have effect
throughout Antigua and Barbuda.
Term of patent. 19. (1) The term limited in every patent for the dura-
tion thereof shall be fourteen years from its date.
(2) Every patent shall, notwithstanding anything therein
or in this Act, cease if the patentee fail to make the pre-
scribed payments within the prescribed times.
(3) If, nevertheless in any case, by accident, mistake,
or inadvertence, a patentee fails to make any prescribed
payments within the prescribed time, he may apply to the
Registrar for an enlargement of time for making the payment.
(4) Thereupon the Registrar shall, if satisfied that the
failure has arisen from any of the above-mentioned causes,
on receipt of the prescribed fee for enlargement, not exceeding
fifty dollars, enlarge the time accordingly, sub-ject to the
following conditions-
(a) The time for making any payment shall not in
any case be enlarged for more than six months;
( 6 ) If any proceeding shall be taken in respect of
an infringement of the patent committed after a failure
to make any payment within the prescribed time, and
before the enlargement thereof the Court before which
the proceeding is proposed to be taken may, if it shall
think fit, refuse to award or give any damages in respect
of such infringement.
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Patents (CAP. 308 1 1
20. (1) An applicant or a patentee may, from time Amendment of
specification.
to time, by request in writing left at the Registrar's office,
seek leave to amend his specification, including drawings for-
ming part thereof, by way of disclaimer, correction, or ex-
planation, stating the nature of such amendment and his
reason for the same.
(2) The request and the nature of such proposed amend-
ment shall be advertised in the Gazette, and at any time within
one month from its first advertisement any person may give
notice at the Registrar's office of opposition to the
amendment.
(3) Where suchnotice is given, the Registrar shall give
notice of the opposition to the person making &-.request,
and shall hear and decide the case, subject to an appeal to
a Judge in Chambers.
(4) The Judge shall, if required, hear the person mak-
ing the request and the person so giving notice, and being,
in the opinion of the Judge, entitled to be heard in opposi-
tion to the request, and shall determine whether, and sub-
ject to what conditions, if any, the amendment ought to be
allowed.
(5) Where no notice of opposition is given, or the person
so giving notice does not appear, the Registrar shall deter-
mine whether, and subject to what conditions, if any, the
amendment ought to be allowed.
(6) When leave to amend is refused by the Registrar,
the person making the request may appeal from his decision
to a Judge in Chambers.
(7) The Judge shall, if required, hear the person mak-
ing the request and the Registrar, and may make an order
determining whether, and subject to what conditions, if any,
the amendment ought to be allowed.
(8) No amendment shall be allowed that would make
the specification, as amended, claim an invention substan-
tially larger than or substantially different from the inven-
tion claimed by the specification as it stood before
amendment.
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12 CAP. 308) Patents
(9) Leave to amend shall be conclusive as to the right
of the party to make the amendment allowed, except in the
case of fraud; and the amendment shall in all Courts and
for all purposes be deemed to form part of the specification.
(10) The foregoing provisions of this section do not
apply when and so long as any action for infringement or
proceeding for revocation of a patent is pending.
Power to
disclaim part of
21. In the action for infringement of a patent, and
invention during in a proceeding for revocation of a patent, the Court may
action, &c. order that the patentee shall, subject to such terms as to costs
and otherwise as the Court may impose, be at liberty to apply
at the Registrar's office for leave to amend his specification
by way of disclaimer, and may direct that in the meantime
the trial or hearing of the action shall be postponed.
Restriction on
recovery of 22. Where an amendment by way of disclaimer,
damages. correction, or explanation has been allowed under this Act
no damages shall be given in any action in respect of the
use of the invention before the disclaimer, correction, or ex-
planation, unless the patentee establishes to the satisfaction
of the Court that his original claim was framed in good faith
and with reasonable skill and knowledge.
Advertisement of
amendment.
23. Every amendment of a specification shall be
advertised in the Gazette.
Power for
Cabinet to order
24. If on the petition of any person interested it be
grant of licences. proved to the Cabinet that, by reason of the default of a
patentee to grant licences on reasonable terms-
(a) the patent is not being worked in Antigua and
Barbuda; or
( b ) the reasonable requirements of the public with
respect to the invention cannot be supplied; or
(c) any person is prevented from working or using
to the best advantage an invention of which he is
possessed;
the Cabinet may order the patentee to grant licences on such
terms as to the amount of royalties, security for payment,
or otherwise, as the Cabinet, having regard to the nature
of the invention and the circumstances of the case, may deem
just, and any such order may on application to the Court
be enforced by mandamus.
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Patents (CAP. 308 13
25 . (1) There shall be kept at the Registrar's office ~~$~~~
a book called the register of patents wherein shall be entered
the names and addresses of grantees of patents, notification
of assignments and of transmissions of patents, of licences
under patents, and of amendments, extensions, and revoca-
tions of patents, and such other matters affecting the validity
or proprietorship of patents as may from time to time be
prescribed.
(2) The register of patents shall be prima facie evidence
of any matters by this Act directed or authorised to be inserted
therein.
(3) Copies of deeds, licences, and any other dwuments
affecting the proprietorship in any letters patent or in any
licence thereunder, must be supplied to the Registrar in the
prescribed manner for filing in his office.
26. Such fees as may be prescribed shall be levied Fees.
and paid to the credit of the general revenue of Antigua and
Barbuda.
27. (1) A patentee may, after advertising in manner Extension of term
of patent on
directed by any rules made under this section his intention petition to the
to do so, present a petition to the Cabinet, praying that his Cabinet.
patent may be extended for a further term, but such peti-
tion must be presented at least six months before the time
limited for the expiration of the patent.
(2) Any person may enter a caveat, addressed to the
Secretary to the Cabinet at his office, against the extension.
(3) If the Cabinet shall be pleased to refer any such peti-
tion to the Court, the Court shall proceed to consider the
same, and the petitioner and any person who has entered
a caveat shall be entitled to be heard by himself or by counsel
on the petition.
(4) The Court shall, in considering its decision, have
regard to the nature and merits of the invention in relation
to the public, to the profits made by the patentee as such,
and to all the circumstances of the case.
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14 CAP. 308) Patents
(5) If the Court report that the patentee has been in-
adequately remunerated by his patent, it shall be lawful for
the Cabinet to extend the term of the patent for a further
term not exceeding seven, or, in exceptional cases, fourteen
years; or to order the grant of a new patent for the term
therein mentioned, and containing any restrictions, condi-
tions, and provisions that the Court may think fit.
(6) It shall be lawful for the Cabinet to make rules of
procedure and practice for regulating proceedings on such
petitions, and subject thereto such proceedings shall be
regulated according to the existing procedure and practice
relating to pleadings in the Court.
(7) The costs of all parties of and incident to such pro-
ceedings shall be in the discretion of the Court; and the orders
of the Court respecting costs shall be enforceable in like
manner as other orders of the Court.
Revocation of
patent.
28. (1) No proceedings by scire fmias to repeal a patent
shall be taken.
(2) Revocation of a patent may be obtained on peti-
tion to the Court.
(3) Every ground on which a patent might, at the com-
mencement of this Act, be repealed by scire facias shall be
available by way of defence to an action for infringement,
and shall also be a ground of revocation.
( 4 ) A petition for revocation of a patent may be
presented by-
(a ) the Attorney-General;
(b) any person authorized by the Attorney General;
(6) any person alleging that the patent was obtain-
ed in fraud of his rights, or of the rights of any person
under or through whom he claims;
(d) any person alleging that he, or any person under
or through whom he claims, was the true inventor of
any invention included in the claim of the patentee;
(e) any person alleging that he, or any person under
or through whom he claims an interest in any trade,
business, or manufacture, had publicly manufactured,
used or sold, within Antigua and Barbuda, before the
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Patents (CAP. 308 15
date of the patent, anything claimed by the patentee
as his invention.
(5) The plaintiff must deliver with his petition particulars
of the objections on which he means to reIy; and no evidence
shall, except by leave of the Court, be admitted in proof
of any objection of which particulars are not so delivered.
(6) Particulars delivered may be from time to time
amended by leave of the Court.
(7) The defendant shall be entitled to begin, and give
evidence in support of the patent; and if the plaintiff give
evidence impeaching the validity of the patent, tEdefend-
ant shall be entitled to reply.
(8) Where a patent has been revoked on the ground
of fraud, the Registrar may, on the application of the true
inventor made in accordance with provisions of this Act, grant
to him a patent in lieu of and bearing the same date as the
date of revocation of the patent so revoked, but the patent
so granted shall cease on the expiration of the term for which
the revoked patent was granted.
29. A patent shall have to all intents the like effect Patent to bind Crown.
as against Her Majesty the Queen Her heirs and successors,
as it has against a subject, excepting always that the
Governor-General may at any time after the application use
the invention for the services of the Crown on terms to be
before or after the use thereof agreed on, between the
Governor-General and the patentee, or, in default of such
agreement, on such terms as may be settled by the Court
after hearing all parties interested.
30. (1) In an action or proceeding for infringement Hearing with
assessors.
or revocation of a patent, the Court may, if it think fit, or
on the request of either of the parties to the proceeding, call
in the aid of an assessor specially qualified, and try and hear
the case wholly or partially with his assistance;
(2) The remuneration, if any, to be paid to an assessor
under this section shall be determined by the Court and be
paid in the same manner as the other expenses of the execu-
tion of this Act.
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16 CAP. 308) Patents
Delivery of
particulars. 3 1. (1) In an action for infringement of a patent, the
plaintiff must deliver with his statement of claim, or, by order
of the Court at any subsequent time, particulars of the
breaches complained of.
(2) The defendant must deliver with his statement of
defence, or by order of the Court at any subsequent time,
particulars of any objections on which he relies in support
thereof.
(3) If the defendant disputes the validity of the patent,
the particulars delivered by him must state on what grounds
he disputes it, and if one of those grounds is want of novelty
must state the time and place of the previous publication
or user alleged by him.
(4) At the hearing no evidence shall, except by leave
of the Court be admitted in proof of any alleged infringe-
ment or objection of which particulars are not so delivered.
(5) Particulars delivered may be from time to time
amended, by leave of the Court.
(6) O n taxation of costs regard shall be had to the par-
ticulars delivered by the plaintiff and by the defendant; and
they respectively shall not be allowed any costs in respect
of any particulars delivered by them, unless the same is cer-
tified by the Court to have been proved or to have been
reasonable and proper, without regard to the general costs
of the case.
Order for
inspection, &c.,
32. In an action for infringement of a patent, the
in action. Court may, on the application of either party, make such
order for an injunction, inspection, or account, and impose
such terms and give such directions respecting the same and
the proceedings thereon as the court may see fit.
Certificate of
validity
33. In an action for infringement of a patent, the
questioned and Court may certify that the validity of the patent came in
costs thereon. question; and if the Court so certify, then, in any subse-
quent action for infringement, the plaintiff in that action,
on obtaining a final order or judgment in his favour, shall
have his full costs, charges, and expenses as between solicitor
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Patents (CAP. 308 17
and client, unless the Court trying,the action certifies that
he ought not to have the same.
34. Where any person claiming to be the patentee Yz2?ni;e;y
of an invention, by circulars, advertisements, or otherwise, threats of legal
threatens any other person with any legal proceedings or proceedings.
liability in respect of any alleged manufacture, use, sale, or
purchase of the invention, any person or persons aggrieved
thereby may bring an action against him, and may obtain
an injunction against the continuance of such threats, and
may recover such damage (if any) as may have been sus-
tained thereby, if the alleged manufacture, use, sale, or
purchase to which the threats related was not in fact an
infringement of any legal rights of the person -king such
threats:
Provided that this section shall not apply if the person
making such threats with due diligence commence and
prosecute an action for infringement of his patent.
35. It shall be lawful for the Registrar, with the sanc- Licensed patent
agents.
tion of the Governor-General, to license fit and proper persons
to be patent agents for transacting business under the provi-
sions of this Act, and, upon proof to the Registrar's satisfac-
tion of the malfeasance or incapacity of any such licensed
patent agent, or on non-payment of any annual fee for any
such licence, and with such sanction as aforesaid, to revoke
any such licence.
36. Every patent may be in the form in the Schedule, Patent for one
invention only.
and shall be granted for one invention only, but may con- Schedule.
tain more than one claim; but it shall not be competent for
any person in an action or other proceeding to take any
objection to a patent on the ground that it comprises more
than one invention.
37. (1) If a person possessed of an invention for which Patent on
application of
he is entitled to obtain a patent dies without making applica- representative of
tion for a patent for the invention, application may be made deceased inventor.
by, and a patent for the invention granted to, the legal
representative of the inventor.
(2) Every such application must be made within six
months of the decease of such person, and must contain a
U W S OF AN'I'IGUA AND BARBUDA
CAP. 308) Patents
declaration by the legal representative that he believes such
person to be the true and first inventor of the invention.
Patent to first
inventor not
38. A patent granted to the true and first inventor
invalidated by shall not be invalidated by an application in fraud of him,
application in or by provisional protection obtained thereon, or by any use
fraud of him.
or publication of the invention subsequent to that fraudulent
application during the period of provisional protection.
Assignment of
patent for
39. A patentee may assign his patent for the whole
particular place. of Antigua and Barbuda or any part thereof.
Loss or
destruction of
40. If a patent is lost or destroyed, or its non-
patent. production is accounted for to the satisfaction of the Registrar,
the Registrar may at any time cause a triplicate thereof to
be sealed and delivered to the person entitled thereto.
Witnesses may be
summoned.
41. For the purpose of any application or opposition
or other matters requiring the decision of a Judge or the
Registrar, the Registrar may, and at the request of any party
to be heard shall, cause summonses under the seal of the
Court to be issued for the attendance of witnesses and may
examine witnesses on oath and administer oaths for that
purpose under this part of the Act, and every witness so sum-
moned shall be bound to attend at the time and place men-
tioned in such summons and shall be paid his expenses
according to the scale for the time being allowed to witnesses
on trials in the Court, and shall continue in attendance until
the matter shall have been disposed of, and produce any docu-
ment in his power, possession, custody, or control which he
shall by such summons be required to produce.
Proceedings and 42. A Judge may make rules regulating references
costs before
Judge. and appeals to the Judge, and the practice and procedure
before him under this Act; and in any proceeding before
the Judge under this Act, he may order costs to be paid by
either party, and any such order may be made a rule of the
Court.
Exhibition at 43. The exhibition of an invention at an industrial
industrial or
international or international exhibition, whether within or without Her
exhibition not to Majesty's Dominions certified as such under the hand of the
prejudice patent
rights. Registrar, or the publication of any description of the
invention during the period of the holding of the exhibition,
LAWS OF ANTIGUA AND BARBUDA
Patents (CAP. 308 19
or the use of the invention for the purpose of the exhibition
in the place where the exhibition is held, or the use of the
invention during the period of the holding of the exhibition
by any person elsewhere, without the privity or consent of
the inventor, shall not prejudice the right of the inventor
or his legal personal representative to apply for and obtain
provisional protection and a patent in respect of the inven-
tion or the validity of any patent granted on the application,
provided that both the following conditions are complied with,
namely-
(a) The exhibitor must, before exhibiting the
invention, give the Registrar the prescribed notice of
his intention to do so; and
(b) The application for a patent m u s ~ made
before or within six months from date of the opening
of the exhibition.
44. Where the invention is one which admits of being 2;:;stz;quire
represented by a model, the Registrar may require the payment.
patentee at his own expense to furnish him with a model
of the invention.
45. (1) The inventor of any improvement in Assignment to
Governor-General
instruments o r munitions of war, his executors,,,fcertain
administrators, or assigns (who are in this section compris-'inventions.
ed in the expression the inventor) may (either for or without
valuable consideration) assign to the Governor-General on
behalf of Her Majesty, all the benefit of the invention and
of any patent obtained or to be obtained for the same; and
the Governor-General may be a party to the assignment.
(2) The assignment shall effectually vest the benefit of
the invention and patent in the Governor-General on behalf
of Her Majesty, and all covenants and agreements therein
contained for keeping the invention secret and otherwise shall
be valid and effectual (notwithstanding any want of valuable
consideration), and may be enforced accordingly by the
Governor-General for the time being.
(3) Where any such assignment has been made to the
Governor-General he may at any time before the applica-
tion for a patent for the invention, or before publication of
the specification or specifications, certify to the Registrar his
opinion that, in the interest of the public service, the par-
LAWS 01.'ANTIGUAAND BARBUDA
20 CAP. 308) Patents
ticulars of the invention and of the manner in which it is
to be performed should be kept secret.
(4) If the Governor-General so certify, the application
and specification or specifications, with the drawings (if any),
and any amendment of the specification or specifications and
any copies of such documents and drawings, shall, instead
of being left in the ordinary manner at the Registrar's office,
be delivered to the Registrar in a packet sealed by authority
of the Governor-General.
(5) Such packet shall, until the expiration of the term
or extended term during which a patent for the invention
may be in force, be kept sealed by the Registrar, and shall
not be opened save under the authority of an order of the
Governor-General.
(6) Such sealed packet shall be delivered at any time
during the continuance of the patent to any person authorized
by writing under the hand of the Governor-General to receive
the same, and shall, if returned to the Registrar, be again
kept sealed by him.
(7) On the expiration of the term or extended term of
the patent, such sealed packet shall be delivered to any person
authorized by writing under the hand of the Governor-
General to receive it.
(8) Where the Governor-General certifies as aforesaid,
after an application for a patent has been left at the Registrar's
office, but before the publication of the specification or
specifications, the application, specification, or specifications
with the drawings (if any), shall be forthwith placed in a
packet sealed by authority of the Registrar, and such packet
shall be subject to the foregoing provisions respecting a packet
sealed by authority of the Governor-General.
(9) No proceeding by petition or otherwise shall lie for
revocation of a patent granted for an invention in relation
to which the Governor-General has certified as aforesaid.
(10) No copy of any specification or other document
or drawing, by this section required to be placed in a sealed
packet, shall in any manner whatever be published or open
LAWS OF ANTIGUA AND BARBUDA
Patents (CAP. 308 2 1
to the inspection of the public, but save in this section other-
wise directed, the provisions of this Act shall apply in respect
of any such invention and patent as aforesaid.
(1 1) The Governor-General may, at any time by writing
under his hand, waive the benefit of this section with respect
to any particular invention, and the specifictions, documents,
and drawings shall be thenceforth kept and dealt with in the
ordinary way.
(12) The communication of any invention for any
improvement in instruments or munitions of war to the
Governor-General or to any person or persons authorized
by him, to investigate the same or the merits t h e r e o w a l l
not, nor shall anything done for the purpose of the investiga-
tion, be deemed use or publication of such invention so as
to prejudice the grant or validity of any patent for the same.
46. (1) If Her Majesty is pleased, by Order in Coun- Ei;~222 for
cil, to apply the provisions of section 103 of the United protection of
Kingdom Act, entitled "The Patents, Designs, and Trade hventions.
Marks Act, 1883," to Antigua and Barbuda, then any per-
son who has applied for protection for any invention in
England, or in any foreign state with the Government of
which Her Majesty has made an arrangement under the said
section, for mutual protection of inventions, shall be entitl-
ed to a patent for his invention under this Act, in priority
to other applicants; and such patent shall take effect from
the same date as the date of the application in England or
such foreign state (as the case may be).
(2) Such application shall be made within twelve months
from such person applying for protection in England or the
foreign state with which the arrangement is in force.
(3) Nothing in this section contained shall entitle the
patentee to recover damages for infringements happening
prior to the date of the actual acceptance of his complete
specification in Antigua and Barbuda.
(4) The publication in Antigua and Barbuda during the
respective periods aforesaid of any description of the inven-
tion, or the use therein during such periods of the inven-
tion, shall not invalidate the patent granted for the invention.
Provision for
intercolonial,
&c.,
arrangements.
Cabinet may
make regnlations.
Saving for
prerogative.
LAWS OF ANTIGUA AND BARBUDA
CAP. 308) Patents
(5) The application for the grant of a patent under this
section shall be made in the same manner as an ordinary
application under this Act.
(6) An application under this section shall be accom-
panied by a complete specification which, if it be not accepted
within the period of twelve months, shall, with the drawings
(if any) be open to public inspection at the expiration of that
period.
(7) The provisions of this section shall, in the case of
foreign states, apply only in the case of those foreign states
with respect to which Her Majesty from time to time, by
Order in Council, declares the provisions of the aforesaid
section 103 of the said first recited United Kingdom Act to
be applicable, and so long only in the case of each state as
such Order continues in force with respect to that state.
47. (1) Whenever it appears to the Cabinet that the
legislature of any British Possession has made satisfactory
provision for the protection in such Possession of inventions
patented in Antigua and Barbuda, the Cabinet may, by
order, apply all or any of the provisions of the last preceding
section relating to the protection of inventions patented in
England, with such variations or additions (if any) as to the
Cabinet seem fit, to inventions patented in such British
Possession.
(2) An order under this section shall, from a date to
be mentioned for the purpose in the order, take effect as
if its provisions had been contained in this Act; but the
Cabinet may revoke any such order.
48. The Cabinet may make regulations for carrying
into effect the provisions of this Act, and for regulating the
amount, collection, and disposal of fees.
49. Nothing in this Act shall take away, abridge or
prejudicially affect the prerogative of the Crown in relation
to the granting of any Letters Patent or to the withholding
of a grant thereof.
LAWS OF ANTIGUA AND BARBUDA
Patents (CAP. 308 2 3
SCHEDULE S . 4
FORMS OF APPLICATION, ETC.
FORM A
I, (a) of (a) Here insert
in do solemnly and sincerely declare name*
and calling of
that I am in possession of an invention for (b) inventor.
that I am the true and first inventor thereof; (b) here insert
title of and that the same is not in use by any other person or persons .
invention.
to the best of my knowledge and belief; and humbly pray that
a patent may be granted to me for the said invenkn.
And I make the above solemn declaration conscientiously
believing the same to be true, etc.
( c ) (c) Signature of
Declared at in , this inventor.
day of 19 ,
(4 (d) Signature and title of the officer
before whom the
RegiJtrar. declaration is
made.
(NOTE: This declaration must be accompanied by the statement
of an address in the City of St. John's for the reception of all
notices and other communications with respect to the application
or invention.)
FORM B
1 3 (6)
in
nature of my invention for
follows ( 6 )
FORM OF PROVISIONAL SPECIFICATION (a) Here insert
title as in
(a] declaration.
, of (b) Here insert ' name, address,
, do hereby declare that the and calling of
to be as inventor as in declaration.
(c) Here insert
(4 short description of invention.
day of 19 . (d) Signature of
inventor.
Dated this
LAWS OF ANTIGUA AND BARBUDA
2 4 CAP. 308) Patents
(a) Here insert
title as in
declaration.
(b) Here insert
name, address,
and calling of
inventor as in
declaration.
(c) Here insert
full description
of invention.
(d) Here state
distinctly the
features of
novelty claimed.
(e) Signature of
inventor.
FORM C
\ I
1, (b) of
of do hereby declare the nature of my
invention for and in what manner
the same is to be performed, to be particularly described and ascer-
tained in and by the following statement (c)-
Having now particularly described and ascertained the nature
of my said invention and in what manner the same is to be per-
formed, I declare that what I claim is (4,
3 . , etc
Dated this
(4
day of
FORM D
(L.S.)
By His Excellency (here insert the name of the Governor-
General) Governor-General
of Antigua and Barbuda
To all to whom these presents shall come, Greeting:
WHEREAS of
in , hath by his solemn declaration
represented unto me that he is in possession of an invention for
, that he is the true and first
inventor thereof, and that the same is not in use by any other
person to the best of his knowledge and belief:
And Whereas the said inventor hath humbly prayed that I
would be pleased to grant unto him (hereinafter together with his
LAWS OF ANTIGUA AND BARBUDA
Patents (CAP. 308 2 5
executors, administrators, and assigns, or any of them, referred
to as the said patentee) Letters Patent in the name of Her Majesty
for the sole use and advantage, of his said invention within Antigua
and Barbuda:
And Whereas the said inventor hath by and in his complete
specification particularly described the nature of his invention:
Know Ye, therefore, that I, in the name and on behalf of
Her Majesty, do by these Presents, give and grant unto the said
patentee by special licence, full power, sole privilege, and authority,
that he the said patentee by himself, his agent, or licensees, and
no others may at all times hereafter, during the term of years herein
mentioned, make, use, exercise, and vend the said invention
within -.
in such manner as to him or them may seem meet, and that the
said patentee shall have and enjoy the whole profit and advantage
from time to time accruing by reason of the said invention, dur-
ing the term of fourteen years from the date hereunder written
of these presents: and to the end that the said patentee may have
and enjoy the sole use and exercise and the full benefit of the said
invention, I do by these Presents require and strictly command
all and every person and persons, bodies politic and corporate,
and all others of what estate, quality, degree, name, or condition
soever they be within Antigua and Barbuda, that they do not at
any time during the continuance of the said term of fourteen years,
either directly or indirectly, make use of or put in practice the
said invention, or any part of the same, nor in anywise imitate
the same, nor make or cause to be made any addition thereto
or subtraction therefrom, whereby to pretend themselves the in-
ventors thereof, without the consent, licence, or agreement of the
said patentee in writing under his hand and seal, on pain of in-
curring such penalties as may be justly inflicted on such offenders
for their contempt and of being answerable to the said patentee
according to law for his damages thereby occasioned:
Provided always and these Letters Patent are on this condi-
tion, that, if any time during the said term it be made to appear
to the High Court that this grant is contrary to law, or prejudicial
or inconvenient to Her Majesty's subjects in general, or that the
said invention is not a new invention as to the public use and
exercise thereof or that the said patentee is not the first and true
inventor thereof within Antigua and Barbuda as aforesaid, these
Letters Patent shall forthwith determine, and be void to all intents
and purposes, notwithstanding anything hereinbefore contained:
Provided also, that if the said patentee shall not pay all fees
by law required to be paid in respect of the grant of these Letters
Patent, or in respect of any matter relating thereto at the time
LAWS OF ANTIGUA AND BARBUDA
26 CAP. 308) Patents
or times, and in manner for the time being by law provided; and
also if the said patentee shall not supply or cause to be supplied,
for Her Majesty's service in Antigua and Barbuda, all such articles
of the said invention as may be required by the Officers administer-
ing any department of Her Majesty's service in Antigua and
Barbuda in such manner, at such times, and at and upon such
reasonable prices and terms as shall be settled for that purpose
by the Governor-General of Antigua and Barbuda, then, and in
any of the said cases, these Letters Patent, and all privileges and
advantages, whatever hereby granted shall determine and become
void, notwithstanding anything hereinbefore contained:
Provided also, that nothing herein contained shall prevent
the granting of licences in such manner and for such considera-
tions as they may by law be granted; and lastly, I do by these
Presents in the name and on behalf of Her Majesty grant unto
the said patentee that these Letters Patent shall be construed in
the most beneficial sense for the advantage of the said patentee.
In witness whereof I have caused these Letters to be made Patent
this dav of
one thousand nine hundred and
and to be sealed and dated as of the said
day of one thousand nine hundred and
in the
year of Her Majesty's Reign.
