Registration of United Kingdom (CAP. 377 1
Patents

CHAPTER 377

THE REGISTRATION O F UNITED KINGDOM
PATENTS ACT

Arrangement of Sections
Section

1. Short title.
2 . Interpretation.
3 . Application for registration.
4. Certificate to accompany application.
5. Formalities before issue of certificate of registration.
6. Rights on grant of certificate.
7. Commencement and duration of rights.
8. Powers of Court.
9. Substitution of amended specification and drawings for

those originally filed.
10. Registration of assignment or transmission.
11. Rules.

LAWS OF ANTIGUA AND BARBUDA

Registration of United Kingdom (CAP. 377 3
Patents

REGISTRATION OF UNITED KINGDOM PATENTS

911925.

Ord. 411957.

1. This Act may be cited as the Registration of United Short title.
Kingdom Patents Act.

2. In this Act- Interpretation

"Court" means the High Court.

"Registrar" means the Registrar of the High Court.

3. Any person being the grantee of a patent in the Application for
registration.

United Kingdom or any person deriving his right from such
grantee by assignment, transmission or other operation of
law may apply within three years from the date of issue of
the patent to have such patent registered in Antigua and
Barbuda. Where any partial assignment or transmission has
been made, all proper parties shall be joined in the applica-
tion for registration.

4. Every application under this Act shall be accom- Certificate to
accompany panied by a certified copy of the specification or specifica- application.

tions (including drawings, if any) of the United Kingdom
patent and a certificate of the Comptroller General of the
United Kingdom Patent Office giving full particulars of the
issue of the patent on such specification or specifications.

5 . (1) Upon such application being received, together Formafities
before issue of with the documents mentioned in section 4, the Registrar certificate of

shall advertise the application in such manner as may be registration.
prescribed, and any person may at any time within two
months from the date of such advertisement give notice to
the Registrar of opposition to the issue of a certificate of
registration upon any of the grounds prescribed by section 10
of the Patents Act, for opposition to the grant of Letters Cap. 308.
Patent.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 377) Registration of United Kingdom
Patents

(2) Where notice of opposition is given within the
prescribed time, the Registrar shall transmit a copy of the
notice to the applicant and after hearing both parties, if
desirous of being heard, shall decide on the case.

(3) If there is no opposition, or, in the case of opposi-
tion, if the decision of the Registrar is in favour of the issue
of the certificate of registration, the Registrar shall issue a
certificate of registration, and for such certificate there shall
be paid to the credit of the general revenue of Antigua and
Barbuda a fee of four dollars and eighty cents.

Rights on grant
of certificate.

6. Such certificate of registration shall confer on the
applicant privileges and rights subject to all conditions
established by the law of Antigua and Barbuda as though
the patent had been issued in the United Kingdom with an
extension to Antigua and Barbuda.

Commencement
and duration of

7. Privileges and rights so granted shall date from the
rights. date of the patent in the United Kingdom and shall con-

tinue in force only so long as the patent remains in force
in the United Kingdom:

Provided that no action for infringement shall be enter-
tained in respect of any manufacture, use or sale of the
invention prior to the date of issue of the certificate of registra-
tion in Antigua and Barbuda.

Powers of Court. 8. (1) The Court shall have power upon the applica-
tion of any person who alleges that his interests have been
prejudicially affected by the issue of a certificate of registra-
tion, to declare that the exclusive privileges and rights con-
ferred by such certificate of registration have not been
acquired on any of the grounds upon which the United
Kingdom patent might be revoked under the law for the time
being in force in the United Kingdom.

Such grounds shall be deemed to include the manu-
facture, use or sale of the invention in Antigua and Barbuda
before the priority date applicable to the patent in the United
Kingdom, but not to include the manufacture, use or sale
of the invention in Antigua and Barbuda by some person
or persons after the priority date applicable to the patent
in the United Kingdom and before the date of the issue of
the certificate of registration under section 5.

LAWS OF ANTIGUA AND BARBUDA

Rezistration of United Kingdom (CAP. 377 5
Patents

(2) For the purposes of this section the expression 1 2 7 13 & 14
Geo. VI. c. 87. "priority date" in its application to a patent in the United

Kingdom has the meaning assigned to it in section 5 of the
Patents Act, 1949 of the United Kingdom.

9. Whenever the specification or drawings of a United kt:f,"p of
Kingdom patent registered in Antigua and Barbuda has been specification and
amended by way of disclaimer, correction or explanation, drawings for

those originally
according to the law of the United Kingdom, a request, filed.
accompanied by a copy of the specification and drawings
(if any) as amended, duly certified by the Comptroller
General of the United Kingdom Patent Office, may be made
to the Registrar to substitute a copy of the specification and
drawings as amended for the specification and drawings
originally filed.

10. Where a person becomes entitled by assignment, Registration of
assignment or

transmission, or other operation of law to the privileges and t,ansm~ss~on.
rights conferred by a certificate of registration or to any
interest therein, he may make application in the prescribed
manner to the Registrar of Patents for the entry on the
register of such assignment, transmission, or other instru-
ment affecting the title, or giving an interest therein.

1 . The Registrar may make such general rules and Rules.
do such things as he may think expedient, subject to the
provisions of this Act, for regulating procedure under this
Act, and for prescribing the fees to be paid in respect of pro-
ceedings under this Act.