Patents
PATENTS ACT
CHAPTER 82:76
Act
21 of 1996
Amended by
*5 of 1999 (By implication)
18 of 2000
54 of 2000
*See Note on page 2
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–100 ..
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Index of Subsidiary Legislation
Page
Patents Rules (LN 144/1996) … … … … … 57
Note on Act No. 5 of 1999
(Validation of applications filed under the Patent Co-operation Treaty)
See Patents (Validation of International Applications filed under the Patent Co-operation Treaty),
(No. 2) Act 1999 (Act No. 5 of 1999) for validating the effect of certain international applications
under the said Treaty designating Trinidad and Tobago filed between 10th March, 1994 and
1st December, 1997.
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CHAPTER 82:76
PATENTS ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
INTELLECTUAL PROPERTY OFFICE
3. Intellectual property office.
Controller and his staff.
PART III
PATENTS
4. Administration of patents; Information Services.
5. Appointment of Examiners.
6. Restrictions on officers of Intellectual Property Office.
7. Exercise of discretionary power by Controller.
PART IV
PATENTABILITY OF INVENTIONS
8. Patentable inventions.
9. Novelty.
10. Inventive step.
11. Industrial application.
12. Exclusions from patentability.
PART V
RIGHT TO APPLY FOR AND OBTAIN A PATENT
13. Right to apply for patent.
14. Right to patent.
15. Invention made by an employee or pursuant to a commission.
16. Judicial assignment of patent application or patent.
17. Mention of inventor.
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PART VI
APPLICATIONS FOR PATENT
18. Making of application.
19. Date of filing application.
20. Priority date.
21. Information on corresponding foreign applications.
22. Disclosure of matter, etc., between earlier and later applications.
23. Examination as to form.
24. Search and substantive examination.
25. Refusal or grant of patent.
26. Amendment of application; time limit for grant; changes in patent.
27. Withdrawal of application.
28. Notification of grant and publication of specification.
PART VII
PROVISIONS AS TO PATENTS AFTER GRANT
29. Term of patent.
30. Annual fees.
31. Surrender of patent or of claim.
PART VIII
PROPERTY IN PATENT APPLICATIONS AND PATENTS
32. Nature of and transactions in patents.
33. Co-ownership of patents and applications for patents.
PART IX
REGISTER OF PATENTS, EVIDENCE OF REGISTER,
DOCUMENTS, ETC.
34. Register of patents.
35. Effect of registration, etc., on rights in patents.
36. Information about and inspection of patent applications and patents.
37. Correction of errors.
38. Rectification of register.
39. Evidence of register, documents, etc.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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PART X
RIGHTS OF OWNER OF PATENT
40. Rights of owner of patent.
41. Prevention of indirect use of invention.
42. Limitation of effect of patent.
43. Exhaustion of rights.
44. Extent of protection.
PART XI
VOLUNTARY AND NON-VOLUNTARY LICENCES
45. Voluntary licences.
46. Non-voluntary licences.
47. Exercise of powers on applications under section 46.
48. Use of patented invention for services of the State.
PART XII
INFRINGEMENT
49. Infringement.
50. Action for infringement.
51. Restrictions on recovery of damages for infringement.
52. Relief for infringement of partially valid patent.
53. Certificate of contested validity of patent.
54. Proceedings for infringement by exclusive licensee.
55. Effect of non-registration on infringement proceedings.
56. Remedy for groundless threats of infringement proceedings.
57. Power of Court to make declaration as to non-infringement.
58. Right to continue use begun before date of filing or priority.
PART XIII
REVOCATION OF PATENT
59. Application for revocation of patent.
60. Grounds for revocation.
61. Examination of application for revocation.
SECTION
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PART XIV
PUTTING VALIDITY IN ISSUE
62. Circumstances in which validity of patent may be put in issue.
63. Amendment of patent in infringement or revocation proceedings.
PART XV
UTILITY CERTIFICATES
64. Provisions applicable to utility certificates.
65. Protection by utility certificate.
66. Term of utility certificate.
67. Grounds for revocation.
68. Conversion of application.
69. Registration of utility certificates.
PART XVI
INTERNATIONAL ARRANGEMENTS
70. Notification as to convention countries.
71. Implementation of Patent Co-operation Treaty.
72. Judicial notice of certain treaties and instruments thereunder.
PART XVII
OFFENCES
73. Falsification of register, etc.
74. Unauthorised claim of patent rights.
75. Unauthorised claim that patent has been applied for.
76. Misuse of title “Intellectual Property Office”.
77. Offences by corporations.
78. Time limit for prosecution.
PART XVIII
REPRESENTATION
79. Representation.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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PART XIX
LEGAL PROCEEDINGS
80. Appeal against order of Controller.
81. Right of appeal from order and decision of Court.
82. Burden of proof in certain cases.
83. Extension of privilege for certain communications with Attorneys-at-
law relating to patent proceedings.
84. Costs and security for costs.
PART XX
GENERAL AND MISCELLANEOUS
85. Immunity as regards official acts.
86. Service by post.
87. Controller’s annual report.
88. Saving in respect of rights to sell forfeited articles.
89. Act binding on State.
90. Rules.
91. Repeal and transitional provisions.
SECTION
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CHAPTER 82:76
PATENTS ACT
An Act to make provision in respect of future patents and
applications for patents, for the protection of inventions,
to give effect to certain international conventions on
patents and for connected purposes.
[1ST DECEMBER 1997]
PART I
PRELIMINARY
1. This Act may be cited as the Patents Act.
2. In this Act—
“appointed day” in any Part or section of this Act, means the day
appointed under section 1(2) for the coming into operation
of that Part or section;
“Controller” means the Controller of the Intellectual Property
Office appointed under section 3(2) and any reference to the
Controller shall be construed as including a reference to any
officer discharging the functions of the Controller;
“Court” means the High Court;
“date of filing” means—
(a) in relation to an application for a patent made
under this Act, the date which is the date of filing
that application under section 19; and
(b) in relation to any other application, the date which,
under the law of the country where the application
was made or in accordance with the terms of a
treaty or convention to which that country is a party,
is to be treated as the date of filing the application
or is equivalent to the date of filing an application
in that country (regardless of the outcome of the
application) by virtue of section 20;
21 of 1996.
Commencement.
253/1997.
Short title.
Interpretation.
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“Examiner” means any person or body appointed or designated
as such by the Minister under section 5;
“exclusive licence” means a licence from the proprietor of or
applicant for a patent which confers on the licensee, or on
the licensee and persons authorised by him, to the exclusion
of all other persons, (including the proprietor or the
applicant), any right in respect of the invention to which the
patent or application relates and “exclusive licensee” and
“non-exclusive licence” shall be construed accordingly;
“formal requirements” means those requirements designated as
such by rules made for the purposes of section 23;
“Intellectual Property Office” means the Intellectual Property
Office referred to in section 3(1);
“international application for a patent” means an application made
under the Patent Co-operation Treaty;
“International Bureau” means the Secretariat of the World
Intellectual Property Organisation established by the
convention signed at Stockholm on the 14th day of
July, 1967;
“invention” means an idea of an inventor which permits in practice
the solution to a specific problem in the field of technology;
“inventor” means the actual deviser of an invention and “joint
inventor” shall be construed accordingly;
“Minister” means the Minister to whom is assigned responsibility
for patents;
“Paris Convention” means the Paris Convention for the Protection
of Industrial Property signed in Paris on the 20th day of
March, 1883 as amended from time to time and as in force
in Trinidad and Tobago;
“patent” means the title granted to protect an invention and unless
the context otherwise requires includes, subject to Part XV,
a utility certificate;
“patent application” means an application under this Act for a
patent and unless the context otherwise requires includes,
subject to Part XV, a utility certificate application;
“Patent Co-operation Treaty” means the treaty of that name signed
at Washington on the l9th day of June, 1970;
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“patented invention” means an invention for which a patent is
granted and “patented process” shall be construed
accordingly;
“patented product” means a product which is a patented invention
or, in relation to a patented process, a product obtained
directly by means of the process or to which the process has
been applied;
“periodical” includes the Gazette, daily newspapers circulating in
Trinidad and Tobago or other publication issued by the
Intellectual Property Office;
“prescribed” means, in the case of proceedings before the Court,
prescribed by Rules of Court, and, in any other case,
prescribed by Rules made under this Act;
“priority date” means the date determined as such under
section 20;
“published” means made available to the public and a document
shall be taken to be published if a reproduction thereof can
be inspected as of right by members of the public whether
on payment of a fee or not;
“register” means the register of patents referred to in section 34;
“right” in relation to any patent application or patent includes
an interest in the patent application or patent and, without
prejudice to the foregoing, any reference in this Act to a right
in a patent includes a reference to a share in the patent;
“utility certificate”, unless the context otherwise requires, means
a utility certificate under Part XV.
PART II
INTELLECTUAL PROPERTY OFFICE
3. (1) There shall be an office to be known as the Intellectual
Property Office.
(2) There shall be a Controller in charge of the Intellectual
Property Office who shall have the responsibility for the
administration of all laws relating to intellectual property, and who
shall exercise the powers and perform the functions conferred by
and under this Act, and by and under any law.
Intellectual
property office.
Controller and
his staff.
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(3) There shall be appointed such number of Deputy or
Assistant Controllers and other officers as are considered necessary.
(4) The offices of the Controller, Deputy Controller and
Assistant Controller are prescribed as public offices for the purposes
of section 111(4) of the Constitution.
(5) The Controller shall have a seal of such device as may
be approved by the Minister and impressions of such seal shall be
judicially noticed and admitted in evidence.
(6) The Minister may issue to the Controller directions in
writing, not inconsistent with the provisions of this Act, concerning
the exercise and performance of his powers and functions in relation
to any matter which appears to the Minister to concern the
development of intellectual property and other matters connected
therewith and the Controller shall give effect to any such directions.
(7) Subject to the provisions of this Act, the officers
appointed under subsection (3) shall discharge, under the
superintendence and direction of the Controller such functions
under this Act as he may, from time to time, by general or special
order in writing, direct them to discharge.
PART III
PATENTS
4. (1) For the purposes of this Act, the Controller shall be
responsible for the grant and administration of patents and utility
certificates, for the provision of patent information services, and for
the promotion of inventiveness among citizens of Trinidad and Tobago.
(2) The patent information services, referred to in
subsection (1), shall consist of the making available, in the manner
prescribed for use by the public, and on payment of the prescribed
fees, if any, of patent and relevant non-patent literature, including
all domestic patent documents and such foreign patent documents
as are available.
5. The Minister may appoint or designate such Examiners,
as may be necessary, for exercising the powers conferred and
performing the functions required by or under this Act.
Administration
of patents;
Information
Services.
Appointment of
Examiners
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6. (1) No patent application may be filed by, no patent may
be granted to, and no rights relating to patents may be held by
officers and other employees of the Intellectual Property Office.
(2) No officer or other employee of the Intellectual
Property Office shall, during his period of employment or thereafter,
communicate information obtained as such officer or employee to
a person not entitled to the information or make other use of such
information for personal gain.
(3) An officer or other employee of the Intellectual
Property Office who contravenes subsection (2) is liable on
summary conviction to a fine of fifteen thousand dollars and to
imprisonment for six months.
7. Where any discretionary power is by or under this Act
given to the Controller, he shall not exercise that power adversely
to any party in proceedings before him without giving that party
an opportunity of being heard as regards such exercise.
PART IV
PATENTABILITY OF INVENTIONS
8. Subject to section 12, a patent may be granted only for an
invention in respect of which the following conditions are satisfied,
that is to say:
(a) the invention is new;
(b) it involves an inventive step;
(c) it is capable of industrial application,
and references in this Act to a patentable invention shall be
construed accordingly.
9. (1) An invention shall be taken to be new if it does not
form part of the state of the art.
(2) The state of the art in the case of an invention to which
an application for a patent or a patent relates shall be taken to
comprise all matter (whether a product, a process, information about
either, or anything else) which has at any time before the priority
date of that invention been made available to the public (whether
in Trinidad and Tobago or elsewhere) by written or oral description,
by use or in any other way.
Restrictions on
officers of
Intellectual
Property Office.
Exercise of
discretionary
power by
Controller.
Patentable
inventions.
Novelty.
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(3) For the purposes of this section, the disclosure of
matter constituting an invention under subsection (2) shall not be
taken into consideration if such disclosure occurred not more than
one year immediately preceding the date of filing the patent
application and the disclosure was due to or in consequence of—
(a) acts committed by the applicant or his predecessor
in title; or
(b) an abuse committed by a third party with regard
to the applicant or his predecessor in title.
(4) In the case of an invention consisting of a substance or
composition for use in a method of treatment of the human or animal
body by surgery or therapy or of diagnosis practised on the human
or animal body, the fact that the substance or composition forms
part of the state of the art shall not prevent the invention from being
taken to be new if the use of the substance or composition in any
such method does not form part of the state of the art.
10. An invention shall be taken to involve an inventive step
if, having regard to the state of the art within the meaning of
section 9(2), it is not obvious to a person having ordinary skill in
the art.
11. An invention shall be taken to be capable of industrial
application if it can be made or used in any kind of industry
including agriculture, fishery and handicraft.
12. (1) It is hereby declared that the following are excluded
from patentability, that is to say, anything which consists of—
(a) a discovery, scientific theory or mathematical
method;
(b) a literary, dramatic, musical or artistic work or
any other aesthetic creation whatsoever;
(c) a scheme, rule or method for performing a mental
act, playing a game or doing business;
(d) diagnostic, therapeutic and surgical methods for
the treatment of humans or animals;
(e) the presentation of information.
Inventive step.
Industrial
application.
Exclusions from
patentability.
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(2) A patent shall not be granted for an invention the
commercial exploitation of which would be contrary to public order
or morality, or which is prejudicial to human, animal or plant life
or health, or to the environment, provided that such refusal is not
based solely on the ground that the commercial exploitation is
prohibited by a law in force in Trinidad and Tobago.
PART V
RIGHT TO APPLY FOR AND OBTAIN A PATENT
13. Any person may make an application for a patent either
alone or jointly with another.
14. (1) A patent for an invention may be granted—
(a) primarily to the inventor or joint inventors;
(b) to the successor or successors in title of any person
or persons mentioned in paragraph (a),
and to no other person.
(2) Subject to section 15, a person who makes an
application for a patent shall be taken to be the person who is
entitled under subsection (1) to be granted a patent and two or
more persons who make such an application jointly shall be taken
to be the persons so entitled.
(3) Where two or more persons have made the same
invention independently of each other, the person whose application
has the earliest filing date or, if priority is claimed, the earliest
validly claimed priority date shall have the right to the patent as
long as the said application is not withdrawn, abandoned or rejected.
15. (1) In the absence of any provisions to the contrary in
any contract of employment or for the execution of work, the right
to a patent for an invention made in the performance of such
contract of employment or in the execution of such work shall,
notwithstanding section 14, be deemed to accrue to the employer,
or the person who commissioned the work, as the case may be.
(2) Where an invention referred to in subsection (1)
acquires an economic value much greater than the parties could
Right to apply
for patent.
Right to patent.
Invention made
by an employee
or pursuant to a
commission.
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reasonably have foreseen at the time of concluding the contract of
employment or for the execution of work, as the case may be, the
inventor shall be entitled to equitable remuneration which may be
fixed by the Court in the absence of agreement between the parties.
(3) Where an employee whose contract of employment
does not require him to engage in any inventive activity makes, in
the field of activities of his employer, an invention using data or
means placed at his disposal by his employer, the right to the patent
for such invention shall be deemed to accrue to the employer, in
the absence of any provision to the contrary in the contract of
employment, provided that the employee shall be entitled to
equitable remuneration which, in the absence of agreement between
the parties, may be fixed by the Court taking into account his
emoluments, the economic value of the invention and any benefit
derived from it by the employer.
(4) For the avoidance of doubt, it is hereby declared that
when an invention is made by an employee whose contract of
employment does not require him to engage in inventive activity,
or in a field of activity different to that of his employer and without
using information or means put at his disposal by the employer,
the right to the patent for such invention shall accrue to
the employee.
(5) The rights conferred on the inventor under
subsections (1), (2), (3) and (4) shall not be restricted by contract.
(6) This section shall not apply to an invention made
before the appointed day.
16. (1) Where the essential elements of the invention claimed
in a patent application or patent have been unlawfully derived from
an invention for which the right to the patent belongs to another
person, such other person may apply to the Court for an order that
the said patent application or patent be assigned to him.
(2) The Court upon receipt of such application may make
such Order as it sees fit.
(3) No application for the assignment of a patent under
subsection (1) shall be entertained by the Court after the expiry of
Judicial
assignment of
patent
application or
patent.
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five years from the date of the grant of the patent, unless it is shown
that any person registered as a proprietor of the patent knew at the
time of the grant or, as the case may be, of the transfer of the
patent to him, that he was not entitled to the patent.
17. (1) The inventor or joint inventors of an invention shall
have a right to be mentioned as such in any patent granted for the
invention, unless in a written declaration addressed to the Controller
he indicates or in the case of joint inventors, they indicate a wish
not to be named.
(2) Any promise or undertaking by the inventor made to
any person to the effect that he will make such a declaration shall
be void.
PART VI
APPLICATIONS FOR PATENT
18. (1) Every application for a patent shall be made in the
prescribed form, and shall be filed at the Intellectual Property Office
in the prescribed manner under this Act. Such an application
shall be accompanied by the prescribed filing fee.
(2) Every application for a patent shall contain—
(a) a request for the grant of a patent;
(b) a specification containing a description of the
invention, a claim or claims and any drawings
referred to in the description or any claim;
(c) an abstract;
(d) where the applicant’s ordinary residence or
principal place of business is outside of Trinidad
and Tobago, an address within Trinidad and
Tobago for service; and
(e) where the applicant is not the sole inventor or the
applicants are not the joint inventors, a statement
justifying his or their right to be granted the patent.
(3) The specification of an application shall disclose the
invention in a manner which is clear and complete enough for the
Mention of
inventor.
Making of
application.
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invention to be performed by a person skilled in the art, and shall,
in particular, indicate at least one mode known to the applicant for
carrying out the invention.
(4) The claim or claims shall—
(a) define the matter for which the applicant seeks
protection;
(b) be clear and concise;
(c) be supported by the description; and
(d) relate to one invention or to a group of inventions
which are so linked as to form a single general
inventive concept.
(5) The purpose of the abstract is to give technical information
and, upon publication, it shall not form part of the state of the art
by virtue of section 9(2), and the Controller may determine whether
the abstract adequately fulfills its purpose and, if it does not, may
reframe it so that it does.
(6) Without prejudice to the provisions of subsections (3) and
(4), rules may be made prescribing the circumstances in which the
specification of an application which requires for its performance
the use of a micro-organism is to be treated for the purposes of this
Act as complying with subsection (3).
19. (1) The date of filing an application for a patent shall,
subject to the provisions of this section, be the earliest date on
which the following conditions are satisfied in relation to the
application, that is to say:
(a) the documents filed contain an indication that a
patent is sought in pursuance of the application;
(b) those documents identify the applicant or
applicants for the patent;
(c) those documents contain a description of the
invention for which a patent is sought whether or
not the description complies with the other
provisions of this Act and the relevant rules.
Date of filing
application.
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(2) If the Controller finds that the application does not
comply with subsection (1) he shall invite the applicant to file the
required correction, and shall accord as the filing date the date of
receipt of the required correction, but if no correction is made, the
application shall be treated as if it had not been filed.
(3) Where the application refers to drawings which in fact
are not included in the application, the Controller shall invite the
applicant to furnish the missing drawings, and if the applicant
complies, the Controller shall accord as the filing date the date of
receipt of the missing drawings. If the applicant does not comply,
the Controller shall accord as the filing date the date of receipt of
the application and shall treat any reference to the said drawings
as non-existent.
(4) (a) The applicant may, up to the time when the
application is in order for grant, divide the application into two or
more applications (“divisional applications”), provided that each
divisional application shall not go beyond the disclosure in the
initial application.
(b) Each divisional application shall be entitled to the
filing date and, where applicable, the priority date of the initial
application.
(5) The fact that a patent has been granted on an
application that did not comply with the requirement of unity of
invention under section 18(4)(d) shall not be a ground for the
invalidation of the patent.
20. (1) A patent application may contain a declaration
claiming priority of one or more earlier applications filed by the
applicant or his predecessor in title in a country that is a party to
the Paris Convention.
(2) Where the application contains a declaration under
subsection (1), the Controller may require that the applicant
furnish within the prescribed time a copy of the earlier application
certified as correct by the office with which it was filed, or where
the earlier application is an international application filed under
Priority date.
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the Patent Co-operation Treaty, by the office with which the
international application was filed, and if the earlier application
is not in English, a translation thereof in English verified by the
translator that the translation is to the best of his knowledge
complete and faithful.
(3) The effect of the declaration referred to in
subsection (1) shall be as provided in the Convention referred
to therein.
(4) Where any of the requirements of this section or any
rules pertaining thereto have not been complied with, the declaration
referred to in subsection (1) shall be deemed to be invalid.
21. (1) The applicant shall, at the request of the Controller,
furnish the Controller with the date and number of any other
application for a patent or other title of protection made in an
industrial or intellectual property office of any other country, or
within a regional industrial or intellectual property office (hereafter
in this section referred to as a “foreign application”), relating to
the same or essentially the same invention as that claimed in the
application filed with the Controller.
(2) The applicant shall upon request furnish the Controller
with the following documents relating to one of the foreign
applications referred to in subsection (1):
(a) a copy of any communication received by the
applicant concerning the result of any search or
examination carried out in respect of the foreign
application;
(b) copy of the patent or other title of protection
granted on the basis of the foreign application;
(c) a copy of any final decision rejecting the foreign
application or refusing the patent requested in the
foreign application;
(d) a copy of any final decision invalidating the patent
or other title of protection granted on the basis of
the foreign application referred to in
subsection (2).
Information on
corresponding
foreign
applications.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
20 Chap. 82:76 Patents
(3) Documents furnished pursuant to subsections (1)
and (2)—
(a) shall, if not in English, be accompanied by a
translation thereof in English verified by the
translator that the translation is to the best of his
knowledge complete and faithful; and
(b) may be used only for facilitating the evaluation
of the novelty and inventive step of the invention
for which the patent application is made.
(4) The applicant for a patent may submit comments on
any documents furnished by him under subsections (1) and (2).
22. Where an application is made for a patent under section 19
and a declaration is made in accordance with section 20(2) in or in
connection with that application specifying an earlier application,
the first-mentioned application and any patent granted in pursuance
thereof shall not be invalidated by reason only of the fact that any
subject matter disclosed in the earlier application was made
available to the public at any time after the date of filing of the
said earlier application.
23. (1) Where an application for a patent has a date of filing
and is not withdrawn, upon the payment by the applicant of the
prescribed fee, the Controller shall conduct a formalities
examination.
(2) On such formalities examination the Controller shall
determine whether the application complies with the provisions of
this Act and rules made thereunder relating to such examination.
(3) If the Controller determines that all the formal
requirements have not been complied with, he shall give the
applicant an opportunity to make observations on the report and to
amend the application within a specified period so as to comply
with those requirements and if the applicant fails to do so the
Controller may refuse the application.
(4) If the Controller refuses the application under
subsection (3), he shall inform the applicant in writing of his
decision and the reason therefor.
Disclosure of
matter, etc.,
between earlier
and later
applications.
Examination as
to form.
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24. (1) Where the Controller is of the opinion that the
application complies with the requirements of section 23, he shall,
upon payment by the applicant of the prescribed fee, cause the
application to be examined as to whether there has been compliance
with the requirements of sections 8 to 12 and 18(3) and (4) and the
rules relating thereto.
(2) For the purposes of the examination under this section,
the Controller may transmit the application to a duly authorised
authority with which an arrangement to that effect has been made.
25. (1) If the Controller determines that any of the
requirements of this Act or the rules made thereunder are not
complied with, he shall so inform the applicant and shall give him
an opportunity within a specified period to make observations on
the determination and, subject to section 26(2), to amend the
application so as to comply with those requirements, and if the
applicant fails either to satisfy the Controller that the said
requirements are complied with, or to amend the application so as
to comply with them, the Controller shall, subject to section 7,
refuse the application.
(2) If the Controller determines that the application,
whether as originally filed or as amended in pursuance of
section 23, this section, or section 26, complies with the
requirements of this Act and the relevant rules made thereunder,
he shall notify the applicant of that fact and on payment within the
prescribed period of the fee prescribed for the grant, grant him a
patent, and if the said fee is not so paid, the application shall be
deemed to be withdrawn.
(3) Where two or more patent applications for the same
invention, having the same date of filing or the same date of priority,
are filed by the same applicant or his successor-in-title, the
Controller may on that ground refuse to grant a patent in pursuance
of more than one of the applications.
(4) If the Controller refuses the application under
subsection (1) or (3), he shall inform the applicant in writing of his
decision and of the reasons for his decision.
Search and
substantive
examination.
Refusal or grant
of patent.
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(5) The patent shall be deemed to be granted on the date
the Controller publishes under section 28(1) a notice of the grant
of the patent.
26. (1) At any time before a patent is granted under this Act,
the applicant may, in accordance with the prescribed conditions and
subject to subsection (2), amend the application of his own volition.
(2) No amendment of an application shall be allowed
under section 23(3) or 25(1) or this section if such amendment
extends the matter disclosed in the application as filed.
(3) The Controller shall, whenever possible, reach a final
decision on the application not later than two years after the
commencement of the examination referred to in section 24.
(4) The Controller shall, upon request of the owner of the
patent, make changes in the text or drawings of the patent in order
to limit the extent of the protection conferred thereby, provided
that the change would not result in the disclosure contained in the
patent going beyond the disclosure contained in the initial
application on the basis of which the patent was granted.
27. At any time before a patent is granted under this Act, the
applicant may, in the prescribed manner, withdraw his application
and any such withdrawal may not be revoked.
28. (1) The Controller shall as soon as practicable after a
patent has been granted under section 25(2) publish a notice of the
grant in a periodical.
(2) At the same time as the publication under
subsection (1) of the notice of a grant, the Controller shall publish
in the prescribed manner particulars of the patent and also such
matters and information as appeared to him to be useful
or important.
(3) The Controller shall, as soon as practicable after he
publishes a notice under subsection (1), issue to the proprietor of
the patent a certificate, in the prescribed form, that the patent has
been granted to him, and a copy of the patent.
Amendment of
application; time
limit for grant;
changes in
patent.
Withdrawal of
application.
Notification of
grant and
publication of
specification.
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PART VII
PROVISIONS AS TO PATENTS AFTER GRANT
29. A patent granted under this Act shall take effect on the date
on which notice of its grant is published in a periodical and, subject to
this Act, shall continue in force until the end of the period of twenty
years beginning with the date of filing of the application for the patent.
30. (1) In order to maintain the patent or patent application,
an annual maintenance fee shall be paid in advance to the Controller
for each year, starting one year after the date of filing the application
for grant of the patent. A period of grace of six months shall be
allowed for the late payment of the annual maintenance fee on
payment of the prescribed surcharge. If an annual maintenance
fee is not paid in accordance with this subsection, the patent
application shall be deemed to have been withdrawn or the patent
shall lapse.
(2) If a patent ceases to have effect under subsection (1),
the lapse of the patent shall be entered in the register and published
in a periodical.
31. (1) The proprietor of a patent may at any time by notice
given to the Controller in the prescribed manner offer to surrender
his patent or one or more claims contained in his patent.
(2) Where an offer is made under this section, the Controller
shall advertise the offer in the prescribed manner and any person
interested may, within the prescribed period commencing on the
date of the publication of the advertisement, give notice to the
Controller of his opposition to the proposed surrender.
(3) Where notice of opposition is duly given under this
section, the Controller shall notify the proprietor of the patent and
determine the question.
(4) If the Controller is satisfied that the patent or any claim
or claims contained in the patent may properly be surrendered, he
may accept the offer, and record his acceptance in the register, and
shall, as soon as practicable, publish notice of his acceptance in
a periodical.
Term of patent.
Annual fee.
Surrender of
patent or of
claim.
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LAWS OF TRINIDAD AND TOBAGO
24 Chap. 82:76 Patents
(5) As from the date when notice of acceptance is
published in a periodical under subsection (4), the patent or claim
or claims shall cease to have effect, but no action for infringement
shall lie in respect of any act done before that date and no right to
compensation shall accrue for any use of the patented invention
before that date for purposes of State.
(6) Where a patent has been granted to two or more
persons, a notice in accordance with subsection (1) shall be signed
by each of these persons.
PART VIII
PROPERTY IN PATENT APPLICATIONS AND PATENTS
32. (1) Any patent or application for a patent is personal
property (without being a thing in action), and any patent or any
such application and rights in or under it may be transferred, created
or granted in accordance with subsections (2) to (6).
(2) Subject to section 33(3), any patent or any such
application, or any right in it, may be assigned or mortgaged.
(3) Any patent or any such application or right shall vest
by operation of law in the same way as any other personal property
and may be vested by an assent of personal representatives.
(4) Subject to section 33(3), a licence may be granted
under any patent or any such application for working the invention
which is the subject of the patent or the application, and—
(a) to the extent that the licence so provides, a
sub-licence may be granted under any such
licence and any such licence or sub-licence
may be assigned or mortgaged; and
(b) any such licence or sub-licence shall vest by
operation of law in the same way as any other
personal property and may be vested by an assent
of personal representative.
(5) Any of the following transactions, that is to say:
(a) any assignment or mortgage of a patent or any
such application, or any right in a patent or any
such application;
Nature of and
transactions in
patents.
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LAWS OF TRINIDAD AND TOBAGO
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(b) any assent relating to any patent or any such
application or right,
shall be void unless it is in writing and is signed by or on behalf of
the parties to the transaction (or, in the case of an assent or other
transaction by a personal representative, by or on behalf of the
personal representative) or in the case of a body corporate is so
signed or is under the seal of that body.
(6) An assignment of a patent or any such application or
a share in it, and an exclusive licence granted under any patent or
any such application, may confer on the assignee or licensee the
right of the assignor or licensor to bring proceedings by virtue of
section 50 for a previous infringement.
33. (1) Where a patent is granted to two or more persons,
each of them shall, subject to any agreement to the contrary, be
entitled to an equal undivided share in the patent.
(2) Subject to the provisions of this section, where two or
more persons are proprietors of a patent, then, subject to any
agreement for the time being in force, each of those persons shall
be separately entitled, by himself or his agents, in respect of the
invention concerned, for his own benefit and without accounting
to the other or others—
(a) to do any act which would, apart from this
subsection, amount to an infringement of the
patent concerned and any such act shall not
amount to an infringement of that patent; or
(b) to bring civil proceedings for infringement of the
patent pursuant to section 50.
(3) Subject to any agreement for the time being in force,
where two or more persons are proprietors of a patent, one of them
shall not, without the consent of the other or others, grant a licence
under the patent or assign or mortgage a share in the patent.
(4) Subject to the provisions of this section, where two or
more persons are proprietors of a patent, anyone else may supply
one of those persons with the means, relating to an essential element
of the invention, for putting the invention into effect, and the supply
of those means by virtue of this subsection shall not amount to an
infringement of the patent.
Co-ownership of
patents and
applications for
patents.
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LAWS OF TRINIDAD AND TOBAGO
26 Chap. 82:76 Patents
(5) Where a patented product is disposed of by any of
two or more proprietors to any person, that person and any other
person claiming through him shall be entitled to deal with the
product in the same way as if it had been disposed of by a sole
registered proprietor.
(6) Nothing in subsection (1) or (2) shall affect the mutual
rights or obligations of trustees or of the personal representatives
of a deceased person, or their rights or obligations as such.
(7) The foregoing provisions of this section shall have
effect in relation to an application for a patent which is filed as
they have effect in relation to a patent and—
(a) references to a patent and a patent being granted
shall accordingly include references respectively
to any such application and to the application
being filed; and
(b) the reference in subsection (5) to a patented
product shall be construed accordingly.
PART IX
REGISTER OF PATENTS, EVIDENCE OF REGISTER,
DOCUMENTS, ETC.
34. (1) There shall be kept and maintained by the Controller
at the Intellectual Property Office a register of patents in which
there shall be entered particulars of patents in force, of assignments
and transmissions of patents and of licences under patents and
notice of all matters which are required by or under this Act to be
entered in the register and of such other matters affecting the
validity of proprietorship of patent as may be prescribed by Rules.
(2) Without prejudice to subsection (1) or any other
provision of this Act, rules may make provisions with respect to
the following matters including provisions imposing requirements
as to any of those matters:
(a) the registration of patents and of applications
for patents;
(b) the registration of transactions, instruments or
events affecting rights in or under patents and
applications;
Register of
patents.
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(c) the furnishing to the Controller of any prescribed
documents or description of documents in
connection with any matter which is required to
be registered;
(d) the correction of errors in the register and in any
documents filed at the Intellectual Property Office
in connection with registration;
(e) the publication and advertisement of anything done
under this Act or rules in relation to the register.
(3) Notwithstanding anything in subsection (2)(b), no
notice of any trust, whether express, implied or constructive, shall
be entered in the register and the Controller shall not be affected
by any such notice.
(4) The register need not be kept in documentary form.
(5) Save as otherwise provided by rules, the public shall
have a right to inspect the register at the Intellectual Property Office
at all convenient times.
(6) Any person who applies for a certified copy of an entry
in the register or a certified extract from the register shall be entitled
to obtain such a copy or extract on payment of a fee prescribed in
relation to certified copies and extracts, and rules may provide
that any person who applies for an uncertified copy or extract shall
be entitled to such a copy or extract on payment of a fee prescribed
in relation to uncertified copies and extracts.
(7) Applications under subsection (6) or rules made by
virtue of that subsection shall be made in such manner as may be
prescribed.
(8) In relation to any portion of the register kept otherwise
than in documentary form—
(a) the right of inspection conferred by subsection (5)
is, save as otherwise provided by rules, a right to
inspect the material on the register; and
(b) the right to a copy or extract conferred by
subsection (6) or by rules is a right to a copy or
extract in a form in which it can be taken away
and in which it is visible and legible.
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28 Chap. 82:76 Patents
35. (1) Any person who claims to have acquired the property
in a patent or application for a patent by virtue of any transaction,
instrument or event to which this section applies shall be entitled
as against any other person who claims to have acquired that
property by virtue of an earlier transaction, instrument or event to
which this section applies if, at the time of the later transaction,
instrument or event—
(a) the earlier transaction, instrument or event was
not registered, or
(b) in the case of any application, notice of the earlier
transaction, instrument or event had not been
given to the Controller, and
(c) in any case, the person claiming under the later
transaction, instrument or event, did not know of
the earlier transaction, instrument or event.
(2) Subsection (1) shall apply equally to the case where
any person claims to have acquired any right in or under a patent
or application for a patent, by virtue of a transaction, instrument or
event to which this section applies, and that right is incompatible
with any such right acquired by virtue of an earlier transaction,
instrument or event to which this section applies.
(3) This section applies to the following transactions,
instruments and events:
(a) the assignment of a patent or application for a
patent, or a right in it;
(b) the mortgage of a patent or application or the
granting of security over it;
(c) the grant, assignment of a licence or sub-licence,
or mortgage of a licence or sub-licence, under a
patent or application;
(d) the death of the proprietor or one of the proprietors
of any such patent or application or of any person
having a right in or under a patent or application
and the vesting by an assent of the personal
representative of a patent, application or any such
right; and
Effect of
registration, etc.,
on rights in
patents.
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(e) any order or directions of a Court or other
competent authority—
(i) transferring a patent or application or any
right in or under it to any person; or
(ii) that an application should proceed in the
name of any person,
and in either case the event by virtue of which
the Court or authority had power to make any
such order or give any such directions.
(4) Where an application for the registration of a
transaction, instrument or event has been made, but the transaction,
instrument or event has not been registered, then, for the purposes
of subsection (1)(a), registration of the application shall be treated
as registration of the transaction, instrument or event.
36. (1) The Controller shall, on a request being made to him
in the prescribed manner and on payment of the prescribed fee, if
any, give the person making the request such information as may
be prescribed.
(2) Subject to subsection (4), until a patent is granted
documents or information constituting or relating to the application
shall not, without the written consent of the applicant, be published
or communicated to any person by the Controller.
(3) Where a patent application has been withdrawn in
accordance with section 27, documents or information constituting
or relating to the application shall not, without the written consent
of the applicant, be published or communicated to any person by
the Controller.
(4) Subsection (2) shall not prevent the Controller from
publishing or communicating to others any prescribed bibliographic
information about an unpublished patent application.
37. (1) The Controller may, in accordance with the provisions
of this section, correct any linguistic error, error of transcription,
clerical error or mistake in any specification of a patent, any
application for a patent, or any document filed in pursuance of
such an application, or any error in the register.
Information
about and
inspection of
patent
applications and
patents.
Correction of
errors.
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LAWS OF TRINIDAD AND TOBAGO
30 Chap. 82:76 Patents
(2) A correction may be made in pursuance of this
section either upon a request made in the prescribed manner
and accompanied by the prescribed fee, or without such
a request.
(3) Where the Controller proposes, or a request is made,
to make a correction referred to in subsection (1), he shall before
determining the matter give notice of the proposal to the
proprietor of or applicant for the patent, as the case may be,
and to any person, other than the person by whom the request
is made, who appears to him to be concerned.
38. (1) The Court may, on the application of a person
aggrieved, order the register to be rectified by the making, or
the variation or deletion of any entry in it.
(2) In proceedings under this section the Court may
determine any question which it may be necessary or expedient
to decide in connection with the rectification of the register.
(3) Rules of Court may provide for the notification of
any application under this section to the Controller and for his
appearance on the application and for giving effect to any order
of the Court on the application.
39. (1) The register shall be prima facie evidence of
anything required or authorised by this Act or rules to be
registered and shall be admissible and sufficient evidence of
any such thing.
(2) A certificate purporting to be signed by the
Controller and certifying that any entry which he is authorised
by this Act or rules to make has or has not been made, or that
any other thing which he is so authorised to do has or has not
been done, shall be prima facie evidence, and shall be admissible
and sufficient evidence, of the matters so certified.
(3) Each of the following, that is to say:
(a) a copy of an entry in the register or an extract
from the register which is supplied under
section 34(6);
Rectification of
register.
Evidence of
register,
documents, etc.
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(b) a copy of any document kept in the Intellectual
Property Office, or an extract from any such
document, any specification of patent drawings
or other matter which has been published under
section 28(2),
which purports to be a certified copy or a certified extract shall be
admitted in evidence without further proof and without production
of the original, and such evidence shall be sufficient evidence of
the matter therein stated.
(4) In this Part “certified copy” and “certified extract”
means a copy and extract certified by the Controller and sealed
with the seal of the Intellectual Property Office.
PART X
RIGHTS OF OWNER OF PATENT
40. (1) Subject to the other provisions of this Part, the owner
of a patent shall have the following exclusive rights in relation to
the patent:
(a) to exploit the patented invention;
(b) to assign or transmit the patent;
(c) to conclude licence contracts.
(2) The owner of the patent shall have the right, subject
to sections 43, 46 and 58, to take action against any person
exploiting the patented invention in Trinidad and Tobago without
his agreement.
(3) For the purposes of this Part, “to exploit” or
“exploiting” a patented invention means any of the following acts
in relation to the patent:
(a) when the patent has been granted in respect of a
product—
(i) making, importing, offering for sale, selling
or using the product;
(ii) stocking such product for the purposes of
offering for sale, selling or using;
Rights of owner
of patent.
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(b) when the patent has been granted in respect of
a process—
(i) using the process;
(ii) doing any of the acts referred to in
paragraph (a), in respect of a product
obtained directly by means of the
process.
41. (1) While in force a patent shall confer on its proprietor
the right to prevent all persons not having his consent from
supplying or offering to supply in Trinidad and Tobago a person
(other than a person entitled to engage in commercial working of
the patented invention) with means relating to an essential element
of that invention, for putting it into effect therein, provided that
that person knows, or it is obvious to a reasonable person in the
circumstances that those means are suitable for putting, and are
intended to put that invention into effect.
(2) Subsection (1) shall not apply when the means referred
to therein are staple commercial products, except when the person
induces the person supplied to commit acts which the proprietor
of the patent is entitled to prevent by virtue of section 40.
(3) Persons performing acts referred to in paragraphs (a),
(b), or (c) of section 42 shall not be considered to be persons entitled
to engage in commercial working of the invention for the purposes
of subsection (1).
42. The rights conferred by a patent shall not extend to—
(a) acts done privately and for non-commercial
purposes;
(b) acts done for experimental purposes relating to
the subject matter of the relevant patented
invention;
(c) the extemporaneous preparation for individual
cases in a pharmacy of a medicine in accordance
with a medical prescription or acts concerning the
medicine so prepared; and
Prevention of
indirect use of
invention.
Limitation of
effect of patent.
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(d) the use of articles on aircraft, land vehicles or
vessels of other countries which temporarily or
accidentally enter the airspace, the territory or
territorial waters of Trinidad and Tobago.
43. The rights conferred by a patent shall not extend to acts in
respect of articles which have been put on the market in Trinidad
and Tobago by the owner of the patent or with his consent.
44. The extent of the protection conferred by a patent shall be
determined by the terms of the claim; and, the description and
drawings shall be used to interpret the claims.
PART XI
VOLUNTARY AND NON-VOLUNTARY LICENCES
45. (1) Subject to section 33, a proprietor of a patent
application or patent may grant a licence in respect of the relevant
invention.
(2) A licence contract shall be in writing and may, on
payment of the prescribed fee, be recorded in the register and
the relevant notice published in a periodical as prescribed by
the Rules. Until such contract has been so recorded, the licence
shall have no effect against third parties, unless otherwise
decided by the Court.
(3) In the absence of any provision to the contrary in the
terms of a licence contract, a licensee may not extend to another
person the authorisation conferred on him by the proprietor in
accordance with subsection (1), nor may he assign or mortgage
his licence.
(4) In the absence of any provision to the contrary in the
terms of a licence contract, the proprietor may continue to enjoy
the rights conferred on him by sections 40 and 41.
(5) To the extent that the licence has been granted as an
exclusive licence, the proprietor may not grant a licence in respect
of the invention to a third person and may not himself do any of
the acts referred to in sections 40 and 41.
Exhaustion of
rights.
Extent of
protection.
Voluntary
licences.
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(6) If before the expiration of the licence contract, any of
the following events occur with respect to any patent application
or patent, the subject of that contract:
(a) the patent application is withdrawn or is deemed
to be withdrawn;
(b) the patent application is treated as if it had not
been filed;
(c) the grant of a patent is refused; or
(d) the patent is revoked,
the licensee shall, from the date of the event, be no longer bound
to make any payment directly relating to that patent application
or patent.
(7) In any of the cases referred to in subsection (6), the
licensee shall have the right to repayment of the payments already
made and directly relating to the patent application or patent in
question, provided he has not, or practically has not, benefitted
from the licence.
46. (1) At any time after the expiration of three years from
the date of grant of a patent under this Act or four years from the
date of the filing, whichever is later, any person interested may
apply to the Court for the grant of a licence under the patent on
any of the following grounds, namely, that a market for the patented
invention is not being supplied, or is not being supplied on
reasonable terms in Trinidad and Tobago.
(2) Subject to subsections (4), (5), (6) and (7), if the
Court is satisfied that either of the grounds referred to in
subsection (1) is established, the Court may make an Order for the
grant of the licence in accordance with the application on such
terms as the Court thinks fit.
(3) A licence granted under this section—
(a) is not exclusive;
(b) shall not be assigned otherwise than in connection
with the goodwill of the business in which the
patented invention is used; and
Non-voluntary
licences.
[18 of 2000].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 35
(c) is limited to the supply of the patented invention
predominantly in Trinidad and Tobago.
(4) Where the Court is satisfied that the grounds on which
any licence granted under this section have ceased to exist, it may,
on the application of any interested party, terminate such licence.
(5) Any person to whom a licence is granted under this
section shall pay such remuneration to the patentee as may be
agreed, or as may be determined by a method agreed upon between
that person and the patentee, or in default of agreement, as the
Court may, taking into account the economic value of the licence,
determine on the application of either party.
(6) Before a licence is granted under subsection (1), the
Court must be satisfied that the person applying for the licence has
made efforts to obtain a licence from a patentee on reasonable
commercial terms and conditions within a reasonable time, but
has failed to do so.
(7) A licence shall not be granted under this section in
respect of a patent relating to semiconductor technology except
for public non-commercial use or to remedy a practice determined
after judicial or administrative process to be anti-competitive.
47. The powers of the Court on an application under section 46
shall be exercised with a view to securing that the inventor or other
person beneficially entitled to a patent shall receive reasonable
remuneration having regard to the economic value of the licence.
48. (1) Where the public interest so requires, or where the
Minister decides that the manner of exploitation by the owner
of a patent or his licensee is anti-competitive, then subject to
subsection (2) the Minister may authorise a State agency or
any person in writing, to make use, exercise or vend the patented
invention for the services of the State subject to the payment of
adequate compensation to the owner thereof, taking into account
the economic value of the exploitation, and anything done by
virtue of this subsection shall not amount to an infringement of
the patent.
Exercise of
powers on
applications
under
section 46.
Use of patented
invention for
services of the
State.
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UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
36 Chap. 82:76 Patents
(2) Before issuing his authorisation under subsection (1),
the Minister shall hear the owner of the patent and any other
interested party who may wish to be heard.
(3) Subsection (2) does not apply in the case of a national
emergency.
(4) The Minister may, upon the request of any of the
parties, vary the terms of the authorisation.
(5) (a) Upon the request of the owner of the patent, the
Minister shall terminate the authorisation if he is satisfied that
the circumstances which led to his decision have ceased to exist
and are unlikely to recur, or that the State agency or person
authorised by him has failed to comply with the terms of
the authorisation;
(b) Notwithstanding paragraph (a), the Minister
shall not terminate the authorisation if he is satisfied that the
need for adequate protection of the legitimate interests of the
State agency or the person authorised by him justifies
maintaining the decision.
(6) An authorisation granted to a person other than a State
agency shall be subject to the conditions prescribed by
subsection (3) of section 46.
(7) (a) Before an authorisation is granted under
subsection (1), the Minister must be satisfied that the proposed
user has made efforts to obtain a licence from the patentee on
reasonable commercial terms and conditions within a reasonable
time, but has failed to do so.
(b) Paragraph (a) shall not apply in cases of national
emergency or other circumstances of extreme urgency, provided
however, that in such cases the owner of the patent shall be notified
of the Minister’s decision as soon as is reasonably practicable.
(8) Any decision of the Minister under subsection (1),
(4) or (5) may be subject to judicial review.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 37
PART XII
INFRINGEMENT
49. Subject to the provisions of sections 42, 43, 44, 46 and 48,
the performance of any of the acts referred to in sections 40 and
41, in relation to a patent while it is in force, without the
authorisation of the proprietor of the patent, shall constitute
an infringement.
50. (1) Subject to the provisions of this Part, civil proceedings
may be brought in the Court by the proprietor of a patent in respect
of any act alleged to infringe the patent and (without prejudice to
any other jurisdiction of the Court) in those proceedings a claim
may be made—
(a) for an injunction restraining the defendant from
any apprehended act of infringement;
(b) for an order for him to deliver up or destroy any
patented product in relation to which the patent
is infringed or any article in which that product is
inextricably comprised;
(c) for damages in respect of the infringement;
(d) for an account of the profits derived by him from
the infringement;
(e) for a declaration that the patent is valid and has
been infringed by him.
(2) The Court shall not, in respect of the same
infringement, both award the proprietor of a patent damages and
order that he shall be given an account of the profits.
51. (1) In proceedings for infringement of a patent damages
shall not be awarded, and no order shall be made for an account
of profits, against a defendant who proves that at the date of the
infringement he was not aware, and had no reasonable grounds
for supposing that the patent existed; and, a person shall not be
taken to have been so aware or to have had reasonable grounds
for so supposing by reason only of the application to a product
Infringement.
Action for
infringement.
Restrictions on
recovery of
damages for
infringement.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
38 Chap. 82:76 Patents
of the word “patent” or “patented”, or any word or words
expressing or implying that a patent has been obtained for the
product, unless the number of the patent accompanied the word
or words in question.
(2) Where an amendment of the specification of a patent
has been allowed under any of the provisions of this Act, no
damages shall be awarded in proceedings for an infringement of
the patent committed before the decision to allow the amendment,
unless the Court is satisfied that the specification of the patent as
published was framed in good faith and with reasonable skill
and knowledge.
52. (1) If the validity of a patent is put in issue in proceedings
for infringement of the patent and it is found that the patent is only
partially valid, the Court may, subject to subsection (2), grant relief
in respect of that part of the patent which is found to be valid
and infringed.
(2) Where in any such proceedings it is found that a patent
is only partially valid, the Court shall not grant relief by way of
damages, costs or expenses, except where the plaintiff proves that
the specification for the patent was framed in good faith and with
reasonable skill and knowledge and in that event the Court may
grant relief in respect of that part of the patent which is valid and
infringed, subject to the discretion of the Court as to costs or
expenses and as to the date from which damages should
be reckoned.
(3) As a condition of relief under this section, the Court
may direct that the specification of the patent shall be amended
to its satisfaction upon an application made for that purpose
under section 63, and an application may be so made
accordingly, whether or not all other issues in the proceedings
have been determined.
53. (1) If in any proceedings before the Court the validity of
a patent to any extent is contested and that patent is found by the
Court to be wholly or partially valid, the Court may certify the
finding and the fact that the validity of the patent was so contested.
Relief for
infringement of
partially valid
patent.
Certificate of
contested
validity of
patent.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
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(2) Where a certificate is granted under this section, then,
if in any subsequent proceedings before the Court for infringement
of the patent concerned or for revocation of the patent a final order
or judgment is made or given in favour of the party relying on the
validity of the patent as found in the earlier proceedings, that party
shall, unless the Court otherwise directs, be entitled to his costs or
expenses as between Attorney-at-law and client (other than the
costs of expenses of any appeal in the subsequent proceedings).
54. (1) Subject to the provisions of this section, the holder of
an exclusive licence under a patent shall have the same right as the
proprietor of the patent to bring proceedings in respect of any
infringement of the patent committed after the date of the licence;
and, references to the proprietor of the patent in this Act relating to
infringement shall be construed accordingly.
(2) In awarding damages or granting any other relief in
any such proceedings, the Court shall take into consideration any
loss suffered or likely to be suffered by the exclusive licensee as
such as a result of the infringement, or, as the case may be, the
profits derived from the infringement, so far as it constitutes an
infringement of the rights of the exclusive licensee as such.
(3) In any proceedings taken by an exclusive licensee by
virtue of this section, the proprietor of the patent shall be made a
party to the proceedings, but if made a defendant shall not be liable
for any costs or expenses unless he enters an appearance and takes
part in the proceedings.
55. Where, by virtue of a transaction, instrument or event to
which section 35 applies, a person becomes the proprietor or one
of the proprietors or an exclusive licensee of a patent and the patent
is subsequently infringed, the Court shall not award him damages
or order that he be given an account of the profits in respect of
such a subsequent infringement occurring before the transaction,
instrument or event is registered, unless—
(a) the transaction, instrument or event is registered
within the period of six months beginning with
its date; or
Proceedings for
infringement by
exclusive
licensee.
Effect of non-
registration on
infringement
proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
40 Chap. 82:76 Patents
(b) the Court is satisfied that it was not practicable to
register the transaction, instrument or event before
the end of that period and that it was registered
as soon as was practicable thereafter.
56. (1) Where a person (whether or not the proprietor of, or
entitled to any right in, a patent) by circulars, advertisements or
otherwise threatens another person with proceedings for any
infringement of a patent, a person aggrieved by the threats (whether
or not he is the person to whom the threats are made) may, subject to
subsection (4), bring proceedings in Court against the person making
the threat, claiming any relief mentioned in subsection (3).
(2) In any such proceedings the plaintiff shall, if he proves
that the threats were so made and satisfies the Court that he is a
person aggrieved by them, be entitled to the relief claimed, unless—
(a) the defendant proves that the acts in respect of
which proceedings were threatened constitute or,
if done, would constitute an infringement of a
patent; and
(b) the patent alleged to be infringed is not shown by
the plaintiff to be invalid in a relevant respect.
(3) The said relief is—
(a) a declaration to the effect that the threats are
unjustifiable;
(b) an injunction against the continuance of the
threats; and
(c) damages in respect of any loss which the plaintiff
has sustained by the threats.
(4) Proceedings may not be brought under this section
for a threat to bring proceedings for an infringement alleged to
consist of making or importing a product for disposal or of
using a process.
(5) It is hereby declared that a mere notification of the
existence of a patent does not constitute a threat of proceedings
within the meaning of this section.
Remedy for
groundless
threats of
infringement
proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 41
57. (1) Without prejudice to the Court’s jurisdiction to make a
declaration apart from this section, a declaration that an act (that is to
say, the use by any person of any process, or the making or use or sale
by any person of any product) does not, or a proposed act would not,
constitute an infringement of a patent, may be made by the Court in
proceedings between the person doing or proposing to do the act and
the proprietor of the patent, notwithstanding that no assertion to the
contrary has been made by the proprietor, if it is shown—
(a) that that person has applied in writing to the
proprietor for a written acknowledgement to the
effect of the declaration claimed, and has
furnished him with full particulars in writing of
the act in question; and
(b) that the proprietor has refused or failed within a
reasonable time to give any such acknowledgement.
(2) No declaration under subsection (1) shall be made if
the act in question is already the subject matter of an infringement
proceeding.
58. (1) Where a patent is granted for an invention, a person
who before the date of filing of the patent application or, if priority
was claimed, before the date of priority, does in good faith in
Trinidad and Tobago an act which would constitute an infringement
of the patent if it were then in force, or makes in good faith effective
and serious preparation to do such an act, shall have the rights
specified in subsection (2).
(2) Any such person shall have the right—
(a) to continue to do or, as the case may be, to do
that act himself; and
(b) if the act was done or preparations had been made
to do it in the course of a business—
(i) to assign the right under paragraph (a);
(ii) to transmit the right under paragraph (a) to
his heirs on his death or, in the case of a
body corporate on its dissolution, to any
person who acquires that part of the business
in the course of which the act was done or
preparations had been made to do it; or
Power of Court
to make
declaration as to
non-
infringement.
Right to
continue use
begun before
date of filing or
priority.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
42 Chap. 82:76 Patents
(iii) to authorise the act to be done by any
partners of his for the time being in
that business,
and the doing of that act by virtue of this
subsection shall not amount to an infringement
of the patent concerned.
(3) The rights specified in subsection (2) shall not include
the right to grant a licence to any person to do an act referred to in
subsection (1).
(4) Where a product which is the subject of a patent is
disposed of by any person to another in exercise of a right conferred
by subsection (2), that other and any person claiming through him
shall be entitled to deal with the product in the same way as if it
had been disposed of by a sole proprietor of the patent.
PART XIII
REVOCATION OF PATENT
59. (1) Subject to the provisions of this section and section 60,
any person may apply to the Court for revocation of a patent.
(2) An application for the revocation of a patent on the
ground mentioned in section 60(e) may be made only by a person
found by the Court pursuant to section 16 to be entitled to be granted
that patent or to be granted a patent for part of the matter covered
by the patent, or, in case more than one person is found to be so
entitled, by all those persons.
(3) An application under this section may be filed even if
the patent has lapsed.
60. An application for revocation of a patent may be made
only on any of the following grounds, that is to say:
(a) the subject matter of the patent is not patentable
under Part IV;
(b) the specification of the patent does not disclose the
invention in a manner sufficiently clear and complete
for it to be carried out by a person skilled in the art;
Application for
revocation of
patent.
Grounds for
revocation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 43
(c) the subject matter of the patent extends beyond
the content of the patent application as filed or, if
the patent was granted on a divisional application,
it extends beyond the content of the relevant
earlier application as filed;
(d) the protection conferred by the patent has been
extended by an amendment which should not have
been allowed;
(e) the patent was granted to a person who was not
entitled thereto under section 14 or section 15, as
the case may be.
61. (1) If on an application for revocation of a patent the Court
considers that the grounds for revocation mentioned in section 60
prejudice the maintenance of the patent, the Court may by order
unconditionally revoke the patent.
(2) If on an application for revocation of a patent the
Court considers that the grounds for revocation mentioned in section 60
affect the patent only partially, the Court may make an Order for the
revocation of the patent unless within a time specified by the Court
the relevant specification is amended to the satisfaction of the Court.
(3) If required by the Court the proprietor of the patent
shall furnish to the Court such information as may be required in
regard to foreign applications filed for protection of the invention
or documents filed with any other national or regional industrial
property office or in connection with any proceedings relating to
an application, a patent or other title of protection for the same or
essentially the same invention.
PART XIV
PUTTING VALIDITY IN ISSUE
62. (1) Subject to the following provisions of this section,
the validity of a patent may be put in issue before the Court only:
(a) by way of defence in proceedings for infringement
under section 50 or 54;
(b) in proceedings under section 48, 56, 57 or 59.
Examination of
application for
revocation.
Circumstances
in which
validity of
patent may be
put in issue.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
44 Chap. 82:76 Patents
(2) The validity of a patent may not be put in issue in any
other proceedings and, in particular, no proceedings may be
instituted (whether under this Act or otherwise) seeking only a
declaration as to the validity or invalidity of a patent.
(3) The only grounds on which the validity of a patent
may be put in issue (whether in proceedings for revocation under
section 59 or otherwise) are the grounds on which the patent may
be revoked under that section.
(4) No determination shall be made in any proceedings
mentioned in subsection (1) on the validity of a patent which any
person puts in issue on the ground specified in section 60(e) unless—
(a) it has been determined, either in entitlement
proceedings commenced by that person or in the
proceedings in which the validity of the patent is
in issue, that the patent should have been granted
to him and not some other person; and
(b) except it has been so determined in entitlement
proceedings, the proceedings in which the validity
of the patent is in issue are commenced before the
end of the period of two years beginning with the
date of the grant of the patent or it is shown that any
person registered as a proprietor of the patent knew
at the time of the grant or of the transfer of the patent
to him that he was not entitled to the patent.
(5) Where the validity of a patent is put in issue by way of
defence, the Court shall, if it thinks just to do so, give the defendant
an opportunity to comply with the condition in subsection (4)(a).
(6) In subsection (4) “entitlement proceedings”, in relation
to a patent, means proceedings to determine the question whether
a patent was granted to a person not entitled to it.
63. (1) Subject to subsection (5), in any proceedings before the
Court in which the validity of a patent is put in issue, the Court may
allow the proprietor of the patent to amend the patent in such manner,
and subject to such terms as to advertising the proposed amendment
and as to costs, expenses or otherwise, as the Court thinks fit.
Amendment of
patent in
infringement or
revocation
proceedings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 45
(2) A person may give notice to the Court of his opposition
to an amendment proposed by the proprietor of the patent under
this section, and if he does so the Court shall notify the proprietor
and consider the opposition in deciding whether the amendment
or any amendment should be allowed.
(3) An amendment of a specification of a patent under
this section shall have effect and be deemed always to have had
effect from the grant of the patent.
(4) Where an application for an order under this section
is made to the Court, the applicant shall notify the Controller who
shall be entitled to appear and be heard and shall appear if so
directed by the Court.
(5) No such amendment shall be allowed if it discloses
matter which extends beyond that disclosed in the specification of
the granted patent or extends the scope of the protection conferred
by the patent.
PART XV
UTILITY CERTIFICATES
64. (1) The provisions in this Act relating to patents or to
patent applications shall, unless otherwise provided under this Part,
be applicable to utility certificates or to utility certificate
applications, as the case may be.
(2) Sections 8, 10, 24, 29, 30(1) and 60(a) shall not apply
to utility certificates nor to utility certificate applications.
65. (1) A utility certificate may be granted only for an
invention which is new and is capable of industrial application.
(2) An invention for which a utility certificate is requested
shall not be considered new if it differs from earlier inventions
only in minor respects or in details which are immaterial to the
function or application of the invention.
66. A utility certificate granted under this Act shall take effect on
the date on which notice of its grant is published in a periodical and,
Provisions
applicable to
utility
certificates.
Protection by
utility
certificate.
Term of utility
certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
46 Chap. 82:76 Patents
subject to this Act, shall continue in force until the end of a period of
ten years beginning on the date on which the utility certificate
application or, where relevant, the patent application was filed.
67. An application for revocation of a utility certificate may
be made only on the grounds—
(a) that the subject matter of the utility certificate may
not be protected by a utility certificate under
Part IV and this Part; and
(b) mentioned in section 60(b), (c), (d) or (e).
68. (1) At any time before a patent is granted or before the
refusal of a patent application is notified under this Act, an applicant
for a patent may, in accordance with the prescribed conditions, request
that his application be treated as a utility certificate application.
(2) In the same circumstances mentioned in
subsection (1), an applicant for a utility certificate may, in
accordance with the prescribed conditions and upon payment of
the prescribed fee, request that his application be treated as a
patent application.
(3) The Controller shall refuse a request under
subsection (1) or (2) if the patent application or the utility certificate
application has already been the subject of a request under either
of those subsections.
69. Particulars of utility certificates granted and notice of all
matters which are required by or under this Act or rules to be
registered, shall be registered in a special part of the register of
patents by the Controller.
PART XVI
INTERNATIONAL ARRANGEMENTS
70. The Minister may, with a view to the fulfilment of a treaty
or international convention or arrangement, by Order declare that
any country specified in the Order is a convention country for the
purposes of section 20.
Grounds for
revocation.
Conversion of
application
Registration of
utility
certificates.
Notification as
to convention
countries.
UNOFFICIAL VERSION
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
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71. (1) The Patent Co-operation Treaty (in this section
referred to as “the Treaty”) and any regulations made thereunder
shall be given full effect.
(2) Where the provisions of this Act conflict with those
of the Treaty, the provisions of the Treaty shall prevail.
(3) Where this Act does not provide for any matter
provided for by the Treaty, the provisions of the Treaty shall apply.
(4) The Intellectual Property Office shall act as a
receiving office, designated office and elected office as provided
for in the Treaty.
(5) The processing and examination of an international
application for a patent designating Trinidad and Tobago shall not
commence before the expiration of the time limit prescribed in
Articles 22 and 39 of the Treaty, except that such processing and
examination may commence if the applicant files an express request
at the Intellectual Property Office within that time limit.
(6) The Controller shall not grant or refuse to grant a
patent on an international application before the expiration of the
time limit prescribed in Rule 52 as provided for in Article 28 or in
Rule 78 as provided for in Article 41, as the case may be, except
with the consent of the applicant in writing.
(7) Where an international application for a patent which
purports to designate Trinidad and Tobago is refused an
international filing date under the Treaty because—
(a) it is declared considered withdrawn; or
(b) the International Bureau has made a finding under
Article 12(3) of the Treaty; or
(c) the receiving office has declared that the
designation of Trinidad and Tobago is considered
withdrawn,
and the Controller determines that such refusal was caused by an
error or omission in the Intellectual Property Office or any other
institution having functions under the Treaty, he may direct that
the application shall be treated as an application under this Act.
Implementation
of Patent
Co-operation
Treaty.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
48 Chap. 82:76 Patents
72. (1) Judicial notice shall be taken of the Paris Convention,
the Budapest Treaty, the Patent Corporation Treaty and of any bulletin,
journal or gazette published under such Convention or Treaty.
(2) Any document mentioned in any such bulletin, journal
or gazette shall be admissible as evidence of any instrument or
other act thereby communicated, or of any institution established
by or having functions under any Convention or Treaty mentioned
in subsection (1).
PART XVII
OFFENCES
73. If a person makes or causes to be made a false entry in any
register kept under this Act, or a writing falsely purporting to be a
copy or reproduction of an entry in any such register, or produces
or tenders or causes to be produced or tendered in evidence any
such writing, knowing the entry or writing to be false, he shall
be liable—
(a) on summary conviction, to a fine of twenty
thousand dollars;
(b) on conviction on indictment, to a fine of forty
thousand dollars and to imprisonment for ten years.
74. (1) If a person falsely represents that anything disposed
of by him for value is a patented product or process, he shall, subject
to the following provisions of this section, liable on summary
conviction to a fine of ten thousand dollars.
(2) For the purposes of subsection (1) a person who for
value disposes of an article having stamped, engraved or impressed
on it or otherwise applied to it the word “patent” or “patented” or
anything expressing or implying that the article is a patented product,
shall be taken to represent that the article is a patented product.
(3) Subsection (1) does not apply where the representation
is made in respect of a product after the patent for that product or,
as the case may be, the process in question has expired or been
revoked and before the end of a period which is reasonably
sufficient to enable the accused to take steps to ensure that the
representation is not made (or does not continue to be made).
Judicial notice
of certain
treaties and
instruments
thereunder.
Falsification of
register, etc.
Unauthorised
claim of patent
rights.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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LAWS OF TRINIDAD AND TOBAGO
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(4) In proceedings for an offence under this section it shall
be a defence for the accused to prove that he used due diligence to
prevent the commission of the offence.
75. (1) If a person represents that a patent has been applied
for in respect of any article disposed of for value by him, and—
(a) no such application has been made; or
(b) any such application has been refused or
withdrawn,
he shall, subject to the following provisions of this section, be
liable on summary conviction to a fine of ten thousand dollars.
(2) Subsection (1)(b) does not apply where the representation
is made (or continues to be made) before the expiry of a period which
commences with the refusal or withdrawal and which is reasonably
sufficient to enable the accused to take steps to ensure that the
representation is not made (or does not continue to be made).
(3) For the purposes of subsection (1), a person who for
value disposes of an article having stamped, engraved or impressed
on it or otherwise applied to it the words “patent applied for” or
“patent pending” or anything expressing or implying that a patent
has been applied for in respect of the article, shall be taken to
represent that a patent has been applied for in respect of the article.
(4) In any proceedings for an offence under this section it
shall be a defence for the accused to prove that he used due diligence
to prevent the commission of such an offence.
76. If any person uses on his place of business, or on any
document issued by him, or otherwise, the words “Intellectual
Property Office” or any other words suggesting that his place of
business is, or is officially connected with, the Intellectual Property
Office, shall be liable on summary conviction to a fine of fifteen
thousand dollars.
77. (1) Where an offence under this Act which has been
committed by a body corporate is proved to have been committed
with the consent or connivance of, or to be attributable to any
Unauthorised
claim that patent
has been
applied for.
Misuse of title
“Intellectual
Property
Office”.
Offences by
corporations.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
50 Chap. 82:76 Patents
neglect on the part of, a director, manager, secretary or other similar
officer of the body corporate, or any person who was purporting
to act in any such capacity, he, as well as the body corporate, shall
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
(2) Where the affairs of a body corporate are managed by
its members, subsection (1) shall apply in relation to the acts and
defaults of a member in connection with his functions of
management as if he were a director of the body corporate.
78. No prosecution for an offence under this Act shall be
commenced after the expiration of five years after the commission
of the offence or one year after the discovery thereof, whichever
date last occurs.
PART XVIII
REPRESENTATION
79. (1) A person who is an Attorney-at-law shall be entitled
to represent any party in any matter or proceedings before the
Controller under this Act, provided—
(a) that the name of such a person is on the Roll of
Attorneys-at-law kept under section 13 of the
Legal Profession Act; and
(b) that he resides and has a place of business in
Trinidad and Tobago.
(2) Where an applicant’s ordinary residence or principal
place of business is outside of Trinidad and Tobago he shall be
represented by an Attorney-at-law resident and practising in
Trinidad and Tobago.
PART XIX
LEGAL PROCEEDINGS
80. (1) An appeal to the Court shall lie from any order or
decision of the Controller under this Act or the Rules made
thereunder except any of the following decisions, that is to say:
(a) a decision falling within section 19(5);
Time limit for
prosecution.
Representation.
Ch. 90:03.
Appeal against
order of
Controller.
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(b) a decision under rules which is excepted by rules
from the right of appeal conferred by this section.
(2) In any such appeal or other proceedings before the
Court, the Controller shall be entitled to appear or be represented
and shall appear if so directed by the Court.
(3) In any appeal or other proceedings under this Act, the
Court may exercise any power which could have been exercised
by the Controller in the proceedings from which the appeal
is brought.
(4) Save as otherwise provided in this Act, an appeal under
this section shall be made within three months from the date of the
order or decision, as the case may be, of the Controller or within
such further time as the Court may allow in accordance with the
Rules of Court.
(5) Rules of Court shall make provision for the
appointment of scientific advisers to assist the Court in proceedings
under this Act, for regulating the functions of such advisers and
for payment of such remuneration to them as the Court may
determine from time to time.
81. (1) An appeal to the Court of Appeal from an order or
decision made by the Court in proceedings under this Act shall lie
on any of the following grounds, but no other:
(a) that the Court had no jurisdiction in the matter,
but it shall not be competent for the Court of
Appeal to entertain such ground of appeal, unless
objection to the jurisdiction of the Court has been
formally taken at some time during the progress
of the matter before the making of the order
or decision;
(b) that the Court has exceeded its jurisdiction in
the matter;
(c) that the order or decision of the Court has been
obtained by fraud;
(d) that any finding or decision of the Court in any
matter is erroneous in point of law; or
Right of appeal
from order and
decision of
Court.
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52 Chap. 82:76 Patents
(e) that some other specific illegality not mentioned
above, and substantially affecting the merits of
the matter, has been committed in the course of
the proceedings.
(2) On the hearing of an appeal in any matter under
subsection (1), the Court of Appeal shall have power—
(a) if it appears to the Court of Appeal that a new
hearing should be held, to set aside the order or
decision appealed against and order that a new
hearing be held; or
(b) to order a new hearing on any question without
interfering with the finding or decision upon any
other question,
and the Court of Appeal may make such final or other order as the
circumstances of the matter may require.
(3) The Court of Appeal may in any matter brought on
appeal before it dismiss the appeal if it considers that no substantial
miscarriage of justice has actually occurred notwithstanding that
it is of the opinion that any point raised in the appeal might have
been decided in favour of the appellant.
82. (1) If the invention for which a patent is granted is a
process for obtaining a new product, the same product produced
by a person other than the proprietor of the patent or a licensee of
his shall, unless the contrary is proved, be taken in any proceedings
to have been obtained by that process.
(2) In considering whether a party has discharged the
burden imposed upon him by this section, the Court shall not require
him to disclose any manufacturing or commercial secrets if it
appears to the Court that it would be unreasonable to do so.
83. For the removal of doubt, it is hereby declared that the
privilege from disclosure conferred by law in legal proceedings in
respect of communications made with an Attorney-at-law or a person
acting on his behalf, or in relation to information obtained or supplied
for submission to an Attorney-at-law or a person acting on his behalf,
Burden of proof
in certain cases.
Extension of
privilege for
certain
communications
with Attorneys-
at-law relating
to patent
proceedings.
UNOFFICIAL VERSION
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for the purpose of any pending or contemplated proceedings before
the Court, extends to such communications so made for the purpose
of any pending or contemplated proceedings before the Controller
under this Act or the Patent Co-operation Treaty.
84. (1) The Controller may, in proceedings before him under
this Act, by order award to any party such costs as he may consider
reasonable, and direct how and by whom they are to be paid.
(2) If any party by whom notice of any opposition is given
under this Act or by whom application is made to the Controller for
the grant of a licence under a patent or for the revocation of a patent,
neither resides nor carries on business in Trinidad and Tobago, the
Controller may require him to give security for the costs of the
proceedings, and in default of such security being given, may treat
the opposition or the application, as the case may be, as abandoned.
(3) Any order made under subsection (1) for the payment
of costs may be enforced as if it were a money judgment passed by
a Petty Civil Court if within the pecuniary jurisdiction of that Court,
or, failing that, by the Court.
PART XX
GENERAL AND MISCELLANEOUS
85. Neither the Minister nor any employee of the State—
(a) shall be taken to warrant the validity of any patent
granted under this Act or any treaty or
international convention to which Trinidad and
Tobago is a party; or
(b) shall incur any liability by reason of or in
connection with any examination or investigation
required or authorised by this Act or any such
treaty or convention, or any report or other
proceedings consequent on any such examination
or investigation.
86. Any notice required or authorised to be given by or under
this Act, and any application or other document so authorised or
required to be made or filed, may be given, made or filed by post
or in any other prescribed manner.
Costs and
security for
costs.
Immunity as
regards official
acts.
Service by post.
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87. (1) The Controller shall, before the 1st June every year,
make an annual report to the Minister with respect to the operation
of this Act and the discharge of his functions thereunder which
shall be laid before Parliament.
(2) Every such report shall include an audited account of
all fees and other monies received and paid by him under this Act
during the previous year.
88. Nothing in this Act affects the right of the State or any
person in the employment of the State to dispose of or use articles
forfeited under the laws relating to Customs and Excise.
89. This Act is binding on the State.
90. The Minister may, subject to a negative resolution of
Parliament, make such Rules as he thinks expedient for regulating
the business of the Intellectual Property Office in relation to patents
and applications for patents (including international applications
for patents) and for regulating all matters placed by this Act under
the direction or control of the Controller.
91. (1) Subject to the provisions of this section, Part I of the
Patents and Designs Act (hereinafter referred to as “the former
Act”) is repealed, and section 2 and Part IV thereof insofar as they
relate to patents shall not apply.
(2) Where, upon the commencement of this Act, an
application made under the former Act is pending, such an
application shall, notwithstanding the provisions of subsection (1),
be dealt with under the former Act but the grant shall thereafter be
subject to this Act.
(3) The Controller shall, on and after the appointed day—
(a) perform all the functions of and exercise all the
powers conferred on the Registrar General in
relation to patents under the former Act; and
(b) be the custodian of the Register of patents kept
under the former Act and of the patents granted
under that Act together with the certificates of
registration and other relevant records.
Controller’s
annual report.
Saving in
respect of rights
to sell forfeited
articles.
Act binding on
State.
Rules.
Repeal and
transitional
provisions.
[54 of 2000].
Ch. 82:83
UNOFFICIAL VERSION
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(4) A patent granted under the former Act before the
appointed day shall remain in force for twenty years from the date
of the application.
(5) Nothing in this Act applies to or affects—
(a) any proceedings for revocation or infringement
of a patent, commenced before the coming into
operation of this Act;
(b) any existing licence, or any application for a
licence made before the commencement of
this Act.
(6) Where, before the 12th October, 2000—
(a) a national patent, an application for which has
been filed before 1st December, 1997 and has
been granted under the United Kingdom Patents
Act, 1977, on or after 1st December, 1994;
(b) an European patent, an application for which has
been filed before 1st December, 1997, and has
been granted in respect of the United Kingdom,
on or after 1st December, 1994;
(c) an application for a national patent under the
United Kingdom Patents Act, 1977 has been
accorded a filing date—
(i) which is before 1st December, 1997; or
(ii) which is on or after 1st December, 1997
and which claims the priority of an
application filed before 1st December, 1997
and the application is still pending;
(d) an application for an European patent designating
the United Kingdom has been accorded a
filing date—
(i) which is before 1st December, 1997; or
(ii) which is on or after 1st December, 1997
and which claims the priority of an
application filed before 1st December, 1997
and the application is still pending; or
1977 c 37.
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56 Chap. 82:76 Patents
(e) an international application for a patent
designating the United Kingdom for a national
patent and/or for an European patent has been
accorded an international filing date—
(i) which is before 1st December, 1997; or
(ii) which is on or after 1st December, 1997 and
which claims the priority of an application
filed before 1st December, 1997 and the
international application is still pending,
the applicant or owner of the patent or his successor in title may,
within twelve months from 12th October, 2000, make an application
for the grant of a patent for the same invention under the Act and
such application shall be accorded the date of filing accorded to it
under the United Kingdom Patents Act, 1977, the European Patent
Convention or the Patent Co-operation Treaty, as the case may be,
and, where such application claims the priority of an early
application, it shall enjoy the same right of priority as claimed
under the United Kingdom Patents Act, 1977, the European Patent
Convention or the Patent Co-operation Treaty, as the case may be.
(7) Where, an application for the grant of a patent for the
same invention is made in accordance with subsection (6) such
application shall, notwithstanding the provisions of subsection (1),
be dealt with under the former Act but the grant shall thereafter be
subject to the Act.
(8) In this section—
“European Patent” means a patent granted under the Convention
on the Grant of European Patents;
“European Patent Convention” means the Convention on the
Grant of European Patents;
“national patent” means a patent granted in the United Kingdom.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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SUBSIDIARY LEGISLATION
PATENTS RULES
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
3. Fees, forms.
4. Language of documents and translations.
5. Indication of name, address, nationality and residence.
6. Signatures by partnerships, companies and associations.
7. Representation by Attorney-at-law.
PART I
PATENTS
8. Classification of patents.
9. Request for grant of patent.
10. Description.
11. Micro-organisms.
12. Claims.
13. Drawings.
14. Abstract.
15. Measures, terminology and signs.
16. Number of copies and physical requirements.
17. Unity of invention claims in different categories.
18. Division of application.
19. Disclosures to be disregarded for art purposes.
20. Declaration of priority and translation of earlier application.
21. Time for furnishing information concerning corresponding foreign
applications, patents and other titles of protection.
22. Withdrawal and amendment of application.
23. Marking application.
24. According and notifying filing date.
25. Examination as to form.
26. Examination as to substance and decision to grant or refuse to
grant patent.
27. Grant of patent; publication of reference thereto; issuance of certificate.
28. Use of patented invention for services of the State.
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29. Annual fees.
30. Surrender of patent or claim.
31. Entries in the register.
32. Change of name, address or address for service.
33. Change in ownership.
34. Inspection of register.
35. Request for extracts from the register and for copies of documents.
36. Request for correction of errors.
37. Special register.
38. Inspection of special register and files.
39. Submission of licence contract.
40. Amendment of specification after grant.
41. Revocation.
42. International applications under the Patent Co-operation Treaty.
PART II
UTILITY CERTIFICATES
43. Application of provisions relating to patents.
PART III
MISCELLANEOUS
44. Address for service.
45. Excluded days.
46. Hearing.
47. Service by mail.
48. Extension of time limit.
49. Directions as to furnishing of documents.
50. Corrections of irregularities.
51. Dispensation by the Controller.
52. Hours of business.
53. Evidence.
54. Statutory declarations and affidavits.
55. Publication.
SCHEDULE I.
SCHEDULE II.
ARRANGEMENT OF RULES—Continued
RULE
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PATENTS RULES
made under section 90
1. These Rules may be cited as the Patents Rules.
2. In these Rules, unless the context otherwise requires—
“priority date” means the filing date of the earlier application that
serves or earlier applications that serve as the basis for the
right of priority as provided for in section 20;
“section” refers to the specified section of the Act.
3. (1) The fees to be paid in respect of matters arising under
the Act or these Rules shall be those specified in the Schedule of
Fees in Schedule I.
(2) The Forms referred to in these Rules are those set out
in Schedule II.
(3) A requirement under these Rules to use such a form is
satisfied by the use either of a replica of that form or of a form
which is acceptable to the Controller and contains the information
required by the form set out in that Schedule.
4. Applications shall be in the English Language, and any
document forming part of an application or submitted to the
Controller pursuant to the Act or these Rules and which is in a
language other than English verified by the translator that the
translation is to the best of his knowledge complete and faithful.
5. (1) Names of natural persons shall be indicated by the
person’s family name and given name or names, the family name
being indicated before the given names and the names of legal
entities shall be indicated by their full, official designations.
(2) Addresses shall be indicated in such a way as to
satisfy the customary requirements for prompt postal delivery at
the indicated address and, in any case, shall consist of all the
relevant administrative units, including the house number, if any,
and addresses shall also indicate any telegraphic and telex
addresses and telephone and facsimile numbers.
144/1996.
Citation.
Interpretation.
Fees, forms.
Schedule I.
Schedule II.
Language of
documents and
translations.
Indication of
name, address,
nationality and
residence.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
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(3) Nationality shall be indicated by the name of the State
of which a person is a national and legal entities shall indicate
the name of the State under whose laws they are constituted and
their registered office.
(4) Residence shall be indicated by the name of the State
of which a person is a resident.
6. (1) A document purporting to be signed for or on behalf
of a partnership shall contain the names of all the partners in
full and shall be signed by all the partners or by any partner
qualified to sign, stating that he signs on behalf of the
partnership, or by any other person who satisfies the Controller
that he is authorised to sign the document and a document
purporting to be signed for or on behalf of a body corporate
shall be signed by a director or by the secretary or other principal
officer of the body corporate, or by any other person who
satisfies the Controller that he is authorised to sign the document
and shall bear the seal of the body corporate and a document
purporting to be signed for or on behalf of an association of
persons may be signed by any person who satisfies the
Controller that he is duly authorised.
(2) The Controller may, whenever he deems it necessary,
request evidence of authorisation to sign.
7. (1) The appointment of an Attorney-at-law shall be by
an authorisation of agent and shall be signed by the applicant or,
if there are more than one, by each applicant.
(2) The authorisation of agent appointing an Attorney-
at-law may be filed together with the application or within two
months from its filing date and if the appointment is not thus
made and is not in accordance with section 79 and subrule (1),
any procedural steps taken by the Attorney-at-law, other than
the filing of the application, shall be deemed not to have
been taken.
Signatures by
partnerships,
companies and
associations.
Representation
by Attorney-at-
law.
UNOFFICIAL VERSION
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PART I
PATENTS
8. The Controller shall apply the International Patent
Classification, as adopted under the Strasbourg Agreement of
March 24, 1971, and updated in its subsequent editions, for all
purposes relating to the grant and publication of patents.
9. (1) The request for the grant of a patent shall be made on
Form No. 1 and shall be signed by each applicant.
(2) The request shall indicate each applicant’s name,
address, nationality and residence.
(3) Where the applicant is the inventor, the request shall
contain a statement to that effect, and, where he is not, it shall
indicate each inventor’s name and address and be accompanied by
the statement justifying the applicant’s right to the patent.
(4) If the applicant is represented by an Attorney-at-law,
the request shall so indicate and state the Attorney-at-law’s name
and address.
(5) The title of the invention shall be short and precise.
10. (1) The description shall first state the title of the invention
as appearing in the request and shall—
(a) specify the technical field to which the invention
relates;
(b) indicate the background art which, as far as known
to the applicant, can be regarded as useful for the
understanding, searching and examination of the
invention, and, preferably, cite the documents
reflecting such art;
(c) disclose the invention in such terms that it can be
understood and state its advantageous effects, if
any, with reference to the background art;
(d) briefly describe the figures in the drawings, if any;
(e) set forth in terms of examples, where appropriate,
and with reference to the drawings, if any, the
mode or modes for carrying out the invention
referred to in section 18(3); and
Classification of
patents.
Request for
grant of patent.
Form No. 1.
Description.
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(f) indicate explicitly, when it is not obvious from
the description or nature of the invention, the
way in which the invention is industrially
applicable and the way in which it can be made
and used, or, if it can only be used, the way in
which it can be used.
(2) The manner and order specified in paragraph (1) shall
be followed except when, because of the nature of the invention, a
different manner or a different order would result in a better
understanding and a more concise presentation.
11. (1) To the extent that the contents of an application for a
patent or of a patent discloses an invention which requires for its
performance the use of a micro-organism which is not available to
the public at the date of filing, these contents shall, pursuant to
section 18(6) and this rule, be treated as disclosing the invention
in a manner which is clear and complete enough for the invention
to be performed by a person skilled in the art if the following
conditions are satisfied:
(a) a culture of the micro-organism has been
deposited in a culture collection not later than the
date of filing the application;
(b) the application as filed gives such relevant
information as is available to the applicant on the
characteristics of the micro-organism; and
(c) the name of the culture collection, the date when
the culture was deposited and the accession
number of the deposit are given in the description
of the application.
(2) The giving of the information specified in subrule (1)(c)
shall be considered as constituting the unreserved and irrevocable
consent of the applicant to the culture deposited being made
available to any person who, on or after the date of publication of
the application, makes a valid request therefor to the culture
collection with which the micro-organism is deposited and a request
shall be valid if it is accompanied by the Controller’s certificate
authorising the release of the sample to that person.
Micro-
organisms.
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(3) An application for a certificate referred to in
subrule (2) shall be submitted to the Controller, accompanied by
the prescribed fee, together with—
(a) an undertaking not to make the culture available
to any other person until the application for the
patent is refused or withdrawn or deemed to be
withdrawn or, if a patent is granted, until it ceases
to have effect without the possibility of renewal
or restoration; and
(b) an undertaking to use the culture for
experimental purposes only until the application
is refused or withdrawn or deemed to be
withdrawn or until the date of publication in a
periodical that the patent has been granted.
(4) The Controller shall send a copy of the request
referred to in subrule (2) to the applicant for, or owner of,
the patent.
12. (1) The number of the claims shall be reasonable, taking
into account the nature of the invention and if there are several
claims, they shall be numbered consecutively in Arabic numerals.
(2) The claims shall define the invention in terms of the
technical features of the invention.
(3) Whenever appropriate, claims shall contain—
(a) a statement indicating those technical features
of the invention which are necessary for the
definition of the latter but which, in combination,
are part of the prior art;
(b) a characterising portion preceded by the words
“characterised in that”, “characterised by”,
“wherein the improvement comprises”, or any
other words to the same effect stating concisely
the technical features which, in combination with
the features stated under paragraph (a), it is
desired to protect.
Claims.
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(4) Claims may be written, where their understanding is
thereby enhanced, in a single statement containing a recitation of
a combination of several elements or steps which defines the matter
for which protection is sought.
(5) Claims shall not, except where absolutely necessary,
rely in respect of the technical features of the invention on
references to the description or drawings and in particular, they
shall not rely on such references as “as described in part . . . of the
description”, or “as illustrated in figure . . . of the drawings”.
(6) No claim shall contain any drawing or graph but any
claim may contain Tables and chemical or mathematical formulae.
(7) Where the application contains any drawing, any
technical feature mentioned in any claim may, if the intelligibility
of that claim can thereby be enhanced, include a reference sign to
that drawing or to the applicable part of that drawing and such a
reference sign shall be placed between square brackets or
parentheses and shall not be construed as limiting the claim.
(8) Any claim submitted after the filing date of the
application and which is not identified with the claims previously
appearing in the application shall, at the choice of the applicant,
be submitted either as an amended claim or as a new claim.
(9) The deletion of any claim previously appearing in the
application shall be made by indicating the number of the previous
claim followed by the word “cancelled”.
(10) Any claim which includes all the features of one or
more other claims of the same category (hereinafter referred to as
“dependent claim” or “multiple dependent claim,” respectively)
shall preferably first refer to the other claim or claims by indicating
the serial number of the other claim or the serial numbers of the
other claims and then state those features claimed that are additional
to the features claimed in the other claim or claims.
(11) Dependent claims or multiple dependent claims may
depend on dependent claims or multiple dependent claims and
multiple dependent claims may refer in the alternative or in the
cumulative to the claims on which they depend.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(12) All dependent claims referring to the same other claim,
and all multiple dependent claims referring to the same other claims,
shall be grouped together in the most practical way possible.
13. (1) Drawings forming part of an application for a patent
shall be on sheets the usable surface area of which shall not exceed
26.2 cm by 17 cm.
(2) The sheets shall not contain frames round the usable
or used surface and the minimum margins shall be as follows:
top … … … 2.5 cm
left side … … … … 2.5 cm
right side … … … … 1.5 cm
bottom … … … … 1.0 cm.
(3) Drawings shall be executed as follows:
(a) without colouring, in durable, black, sufficiently
dense and dark, uniformly thick and well-defined
lines and strokes to permit satisfactory
reproduction;
(b) cross-sections shall be indicated by hatching
which does not impede the clear reading of the
reference signs and leading lines;
(c) the scale of the drawings and the distinctness of
their graphical execution shall be such that a
photographic reproduction with a linear reduction
in size to two-thirds would enable all details to
be distinguished without difficulty and if, as an
exception, the scale is given on a drawing, it shall
be represented graphically;
(d) all numbers, letters and reference signs appearing
in the drawings shall be simple and clear and
brackets, circles and inverted commas shall not
be used in association with numbers and letters;
(e) elements of the same figure shall be in proportion
to each other, unless a difference in proportion is
indispensable for the clarity of the figure;
Drawings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
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(f) the height of the numbers and letters shall not be
less than 0.32 cm and for the lettering of drawings,
the Latin and, where customary, the Greek
alphabets shall be used;
(g) the same sheet of drawings may contain several
figures but where figures drawn on two or more
sheets are intended to form one whole figure, the
figures on the several sheets shall be so arranged
that the whole figure can be assembled without
concealing any part of the partial figures;
(h) different figures shall be arranged without wasting
space, clearly separated from one another and
different figures shall be numbered consecutively
in Arabic numerals, independently of the
numbering of the sheets;
(i) reference signs not mentioned in the description
or claims shall not appear in the drawings, and
vice versa, and the same features, when denoted
by reference signs, shall, throughout the
application, be denoted by the same signs;
(j) the drawings shall not contain textual matter,
except when required for the understanding of the
drawings, a single word or words such as “water”,
“steam”, “open”, “closed”, “section on AA” and
in the case of electric circuits and block schematic
or flow sheet diagrams, a few short catchwords;
(k) the sheets of the drawings shall be numbered in
accordance with rule 16(7).
(4) Flow sheets and diagrams shall be considered
drawings for the purposes of these Rules.
14. (1) The abstract shall be so drafted that it can efficiently
serve as a scanning tool for the purposes of searching in the
particular art.
(2) The abstract shall consist of the following:
(a) a summary of the disclosure as contained in the
description, the claims, and any drawings,
Abstract.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
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indicating the technical field to which the
invention pertains and drafted in a way which
allows the clear understanding of the technical
problem, the gist of the solution of that problem
through the invention and the principal use or uses
of the invention; and
(b) where applicable, the chemical formula which,
among all the formulae contained in the
application, best characterises the invention.
(3) The abstract shall be as concise as the disclosure
permits, preferably 50 to 150 words.
(4) The abstract shall not contain statements on the alleged
merits or value of the invention or on its speculative application.
(5) Each main technical feature mentioned in the abstract
and illustrated by a drawing in the application shall be followed
by a reference sign, placed between parentheses.
(6) The abstract shall be accompanied by the most
illustrative of any drawings furnished by the applicant.
15. (1) Units of weights and measures shall be expressed in
terms of the metric system.
(2) Temperatures shall be expressed in degrees celsius.
(3) Density shall be expressed in metric units.
(4) For indications of heat, energy, light, sound, and
magnetism, as well as for mathematical formulae and electrical
units, rules in general use shall be observed and for chemical
formulae, the symbols, atomic weights, and molecular formulae,
in general use, shall be employed.
(5) In general, only such technical terms, signs and
symbols shall be used as are generally accepted in the art.
(6) The terminology and signs shall be consistent
throughout the application.
Measures,
terminology and
signs.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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16. (1) Subject to rule 20(7), the application and any
accompanying statements or documents shall be filed in three
copies, but the Controller may require the applicant to supply
additional copies.
(2) All elements of the application shall be so presented
as to admit of direct reproduction by photography, electrostatic
processes, photo offset and micro-filming.
(3) Only one side of each sheet contained in the
application shall be used.
(4) All elements of the application shall be on paper which
is flexible, strong, white, smooth, non-shiny and durable.
(5) The size of the sheets shall be A4 (29.7 cm x 21 cm),
although the Controller may accept sheets of other sizes.
(6) The minimum margins of sheets shall be as follows:
(a) upper margin of each page, except the first page—
20 mm;
(b) upper margin of the first page—30 mm;
(c) side margin adjacent to the binding—25 mm;
(d) other side margin—20 mm;
(e) bottom margin—20 mm.
(7) All sheets shall be numbered at the top of the sheet, in
the middle, in consecutive Arabic numerals.
(8) In effecting the sequential numbering of the sheets,
the elements of the application shall be placed in the following
order: the request, the description, the claim, the abstract, the
drawings.
(9) The sequential numbering of the sheets shall be
effected by using three separate series of numbering, the first series
applying to the request only and commencing with the first sheet
of the request, the second series commencing with the first sheet
of the description and continuing through the claims until the last
sheet of the abstract, and the third series being applicable to the
sheets of the drawings only and commencing with the first sheet
of the drawings.
Number of
copies and
physical
requirements.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(10) The text matter of the application shall be typed but
graphic symbols, chemical or mathematical formulae and certain
characters, if necessary, may be handwritten or drawn.
(11) Drawings shall be executed in durable, black,
sufficiently dense and dark, uniformly thick and well-defined lines
and strokes without colourings.
17. (1) Where a group of inventions is claimed, the
requirement of unity of invention referred to in section 18(4)(d)
shall be fulfilled only if there is a technical inter-relationship
between those inventions involving one or more of the same or
corresponding special technical features and the expression “special
technical features” shall mean those technical features which define
the contribution which each of the invention as claimed, considered
as a whole, makes over the prior art.
(2) The determination whether a group of inventions is
so linked as to form a single general inventive concept shall be
made without regard to whether the inventions are claimed in
separate claims or as alternative within a single claim.
(3) An application for a patent which includes in
particular—
(a) in addition to an independent claim for a given
product, the inclusion in the same application
of an independent claim for a process specially
adapted for the manufacture of the said
product, and the inclusion in the same
application of an independent claim for a use
of the said product; or
(b) in addition to an independent claim for a given
process, the inclusion in the same application of
an independent claim for an apparatus or means
specifically designed for carrying out the said
process; or
(c) in addition to an independent claim for a given
product, the inclusion in the same application of
Unity of
invention claims
in different
categories.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
70 Chap. 82:76 Patents
an independent claim for a process specially
adapted for the manufacture of the product, and
the inclusion in the same application of an
independent claim for an apparatus or means
specifically designed for carrying out the process,
shall be treated as being related to a group of inventions which
are so linked as to form a single inventive concept.
(4) Subject to section 18(4)(d), it shall be permitted to
include in the same application two or more independent claims
of the same category which cannot readily be covered by a single
generic claim.
(5) Subject to section 18(4)(d), it shall be permitted to
include in the same application a reasonable number of dependent
claims, claiming specific forms of the invention claimed in an
independent claim.
18. (1) A divisional application pursuant to section 19(4)
shall contain a reference to the initial application.
(2) If the applicant wishes a divisional application to
benefit from any priority claimed for the initial application, the
divisional application shall contain a request to that effect and in
such a case, the declaration of priority and the documents
furnished in accordance with rule 20 for the initial application
shall be deemed to relate also to the divisional application.
(3) Where the priorities of two or more earlier
applications were claimed for the initial application, a divisional
application may benefit only from the priority or priorities that
are applicable to it.
19. An applicant who wishes a disclosure of the invention to
be disregarded, in accordance with section 9(3), for prior art
purposes, shall so indicate on the application and shall furnish,
in writing, with the application or within one month of filing the
application, full particulars of the disclosure.
Division of
application.
Disclosures to
be disregarded
for art purposes.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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20. (1) The declaration referred to in section 20(1) shall
be made at the time of filing the application for the patent and
shall indicate—
(a) the date of filing of the earlier application;
(b) the number of the earlier application, subject to
subrule (2);
(c) the symbol of the International Patent
Classification which has been allocated to the
earlier application, subject to subrule (3);
(d) the State in which the earlier application was filed
or, where the earlier application is a regional or
an international application, the State or States
for which it was filed;
(e) where the earlier application is a regional or an
international application, the office with which it
was filed.
(2) Where at the time of filing the declaration referred to
in subrule (1) the number of the earlier application is not known,
that number shall be furnished within the period of sixteen months
after the priority date.
(3) Where a symbol of the International Patent
Classification has not been allocated to the earlier application, or
had not yet been allocated at the time of filing the declaration
referred to in subrule (1), the applicant shall state this fact in the
said declaration and shall communicate such symbol as soon as it
has been allocated.
(4) The applicant may, at any time before the grant of
the patent, amend the contents of the declaration referred to in
subrule (1).
(5) The period for furnishing the certified copy of the
earlier application, referred to in section 20(2), shall be three
months from the date of the request by the Controller and where
a copy has already been furnished for another application, the
applicant may respond by making a reference to that
other application.
Declaration of
priority and
translation of
earlier
application.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
72 Chap. 82:76 Patents
(6) Where the earlier application is in a language other
than English, the applicant shall, within six months from the date
of the aforementioned request, furnish an English translation of
the earlier application.
(7) Unless the Controller requests otherwise, the earlier
application and any translation thereof shall be filed in one copy.
21. (1) The time limits to be specified for furnishing the
information requested under section 21 shall not be less than two
or more than six months from the date such a request is made and
upon a reasoned request by the applicant, the Controller may extend
such time limit.
(2) If the applicant replies that the documents requested
under section 21 are not yet available, the Controller may suspend
the procedure for the examination of the application until such
time as the documents are furnished.
22. (1) The withdrawal of an application, pursuant to
section 27, shall be made by written declaration submitted to the
Controller and signed by each applicant.
(2) The application fee shall not be refunded if the
application is withdrawn.
(3) Any amendment under section 26(1) shall be made
and any amendment under section 26(4) shall be requested together
with the payment of the prescribed fee.
23. (1) Upon receipt, the Controller shall mark, on each
document making up the application, the actual date of receipt and
the application number consisting of the letters TT, slant, the letter
a1, slant, the numbers of the year in which the initial papers were
received, slant, and a five-digit number allotted in the sequential
order in which applications are received, and where any corrections
or other later filed documents are received on different dates, the
Controller shall also mark their actual date of receipt in the
appropriate place of the request for grant of the patent (From No. 1).
Time for
furnishing
information
concerning
corresponding
foreign
applications,
patents and
other titles of
protection.
Withdrawal and
amendment of
application.
Marking
application.
Form No. 1.
Schedule II.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(2) The application number allotted under subrule (1)
shall be quoted in all subsequent communications concerning
the application.
24. (1) The Controller shall examine whether the application
fulfils the requirements of section 19(1).
(2) The invitation to file any correction, under
section 19(2), shall be in writing, it shall specify the correction or
corrections required and request that these be filed within two
months from the date of the invitation, together with the payment
of the prescribed fee.
(3) Once the Controller accords a filing date, he shall
notify the applicant in writing and if the application is treated as if
it had not been filed, under section 19(2), the Controller shall notify
the applicant in writing, specifying the reasons.
25. (1) In addition to the requirements of section 23(2) in
conjunction with section 18(1) and (2) and the provisions of these
Rules pertaining thereto, the requirements of sections 21 and 79
and rules 4 to 7 and 9 to 16, to the extent applicable, shall be
considered formal requirements for the purposes of the Act.
(2) Where the Controller finds that the conditions
referred to in subrule (1) are not fulfilled, he shall invite the
applicant, in writing, to file the required correction within two
months from the date of the invitation, together with the payment
of the prescribed fee.
(3) Where no abstract is provided, the Controller shall
invite the applicant to correct the deficiency either by providing
an abstract or by paying the prescribed fee for the preparation of
the abstract by the Controller himself.
(4) Where the applicant does not comply with the
invitation to correct deficiency, or where, despite the corrections
submitted by the applicant, the Controller is of the opinion that the
conditions referred to in section 23(2) are not fulfilled, he shall
reject the application pursuant to section 23(3) and notify the
applicant, in writing, stating the reasons.
According and
notifying filing
date.
Examination as
to form.
UNOFFICIAL VERSION
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[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
74 Chap. 82:76 Patents
(5) Refusal of the application shall not affect its filing
date which shall remain valid.
26. (1) For purposes of the examination under section 24, the
Controller may, subject to the payment of the prescribed fee,
transmit the application, together with all relevant documents, to
an examining authority with which an arrangement to this effect
has been concluded, requesting a search and examination report.
(2) Where, taking due account of the conclusions of the
search and examination report referred to in subrule (1), if any, the
Controller is of the opinion, that the conditions referred to in
section 24 are not fulfilled, he shall notify the applicant, in writing,
inviting him several times if necessary, to submit his observations
and, where applicable, to amend or divide his application, within
a specified period, and such specified period shall not be less than
two or more than six months from the date of the invitation.
(3) The invitation shall be made on Form No. 2 and it
may be made several times if necessary.
(4) Any amendment under subrule (2) shall be made
together with the payment of the prescribed fee.
(5) Where the applicant does not comply with the said
invitation or where, despite any observation, amendment or division
submitted by the applicant, the Controller, taking due account of
the conclusions of the search and examination report referred to in
subrule (1), if any, is of the opinion that the conditions referred to
in section 24 are not fulfilled, he shall refuse to grant the patent.
(6) Where the Controller, taking due account of the
conclusions of the search and examination report referred to in
subrule (1), if any, is of the opinion that the conditions referred to
in subrule (1) are fulfilled, he shall grant the patent in accordance
with section 25(2) and rule 27.
(7) The Controller shall notify the applicant, in writing,
of his decisions to grant or to refuse to grant a patent, attaching a
copy of the search and examination report, if any, upon which the
Examination as
to substance and
decision to grant
or refuse to
grant patent.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
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decision is based and, in the case of a refusal, stating the reasons
therefor and in the case of a decision to grant a patent, requesting
the applicant to pay the grant and publication fee within three
months from the date of the notification.
27. (1) The Controller shall allot to each patent he grants a
number (to be known as “the publication number of the patent”) in
the sequential order of grant.
(2) The patent shall be granted on Form No. 3 and shall
contain, in addition to the information indicated in subrule (3), the
date of publication of the patent, the documents or references cited
of the prior art, the description, the claims and the drawings if any.
(3) The publication of the notice, under section 28(1)
and (2), of the grant of the patent shall include:
(a) the number of the patent;
(b) the name and address of the owner of the patent;
(c) the name and address of the inventor, except
where he has asked not to be named in the patent;
(d) the name and address of the Attorney-at-law if any;
(e) the filing date;
(f) if priority has been claimed and the claim has
been accepted, a statement of the priority, the
priority date and the name of the country or
countries in which or for which the earlier
application was filed;
(g) the effective date of grant of the patent;
(h) the title of the invention;
(i) the abstract;
(j) the most illustrative of the drawings, if any; and
(k) the symbol of the International Patent
Classification.
(4) The certificate of grant, issued in accordance with
section 28(3), shall be issued on Form No. 4, shall be signed by
the Controller and shall contain—
(a) the number of the patent;
(b) the name and address of the owner of the patent;
Grant of patent;
publication of
reference
thereto; issuance
of certificate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
76 Chap. 82:76 Patents
(c) the filing date and, where applicable, priority date
of the application;
(d) the effective date of grant of the patent; and
(e) the title of the invention.
28. (1) The Minister shall, before making a decision under
section 48, consult the Controller, and give the owner of the patent,
beneficiaries of non-voluntary licences, and any other persons
whose participation he considers useful, at least 21 days’ written
notice of the date on which they may be heard and the owner of
the patent shall give all licensees written notice of the hearing and
they shall have the right to participate therein.
(2) The Minister shall make his decision, after the hearing,
if any, in writing, stating the grounds upon which it is based and
the terms of use, and shall transmit the decision to the Controller.
(3) The Controller shall record and publish the decision
of the Minister and, in writing, notify the owner of the patent and
the other participants in the hearing.
(4) If the decision of the Minster is the subject of an
appeal, the Registrar of the Court shall notify the Controller of the
Court’s decision once it becomes final, and the Controller shall
record the decision and publish it.
29. (1) Upon payment of an annual fee in accordance with
section 30(1), the Controller shall, within two weeks from the date
payment is received, furnish or send to the applicant or to the owner
of the patent a receipt of payment.
(2) The Controller shall record and publish a notification
of the lapse of a patent.
(3) Annual fees shall not be refundable.
30. (1) The notice of an offer by an owner of a patent to
surrender his patent, or a claim or claims therein, under section 31,
shall be given in writing, stating the reasons for making this offer
and stating whether or not an action is pending before the Court
for infringement or for revocation of the patent and the offer shall
be published by the Controller in the periodical.
Use of patented
invention for
services of the
State.
Annual fees.
Surrender of
patent or claim.
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(2) At any time within three months from the publication,
in the periodical of a notice of an offer to surrender, any person
may give to the Controller notice of opposition to the surrender, a
copy of which the Controller shall send to the owner of the patent.
(3) Such notice of opposition shall be accompanied by a
copy thereof and be supported by a statement in duplicate setting
out fully the facts upon which the opponent relies and the relief
which he seeks and the Controller shall send a copy of the notice
and the statements to the owner of the patent.
(4) Within three months of the receipt of the copy, the
owner of the patent shall, if he wishes to continue with the surrender,
file a counter-statement, in duplicate, setting out fully the grounds
upon which the opposition is resisted and the Controller shall send
a copy of the counter-statement to the opponent.
(5) The Controller may give such directions as he may
think fit with regard to the subsequent procedure.
31. (1) The Controller shall cause to be entered in the register
in respect of every patent, in addition to the information indicated
in rule 27(3)—
(a) the address for service;
(b) the date on which the patent expired or was
surrendered or revoked;
(c) any change in name, address, address for service
and ownership in accordance with rules 32 and 33;
(d) the fact that a licence contract has been concluded
and recorded in the special register pursuant to
section 45 and rule 37;
(e) the grant of any compulsory licence with respect
to the patent pursuant to section 46 and the terms,
variation of terms and termination thereof; and
(f) any authorisation by the Minister pursuant to
section 48 and the terms, variation of terms and
termination thereof.
(2) The Controller may at any time enter in the register
such other particulars as he may think fit.
Entries in the
register.
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32. (1) A request by the owner of a patent or an applicant for
a patent for the alteration of a name, nationality, address or address
for service on record in respect of his patent or application shall be
made in writing and shall be accompanied by the prescribed fee.
(2) Before acting on a request to alter a name or
nationality, the Controller may require such proof of the alteration
as he thinks fit.
33. (1) An application to register, or to give notice to the
Controller of, any transaction, instrument or event to which
section 35 applies shall be made on Form No. 5 and be accompanied
by the prescribed fee.
(2) Unless the Controller otherwise directs, an application
under subrule (1) shall be accompanied by—
(a) a certified copy of any document which establishes
the transaction, instrument or event; or
(b) a certified copy of such extracts from such
documents as suffice to establish the transaction,
instrument or event.
(3) In order to be accepted for recordal purposes, an
agreement assigning the ownership of the patent application or
the patent must contain at least the number and date of the patent
application or the patent, the title of the invention and the names,
addresses, nationalities, and signatures of the assignor and assignee.
(4) The publication of the change in ownership shall
specify—
(a) the number of the application or registration
concerned;
(b) the filing date, the priority date, if any, and the
date of grant;
(c) the owner and the new owner; and
(d) the nature of the change of ownership.
(5) If the Controller is satisfied that the request should be
allowed, he shall cause the patent or application therefor and, where
the ownership has been recorded in the register, the register to be
altered accordingly.
Change of
name, address or
address for
service.
Change in
ownership.
UNOFFICIAL VERSION
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34. Entries in the register shall be made available, subject to
the payment of the prescribed fee, for inspection by the public
between the hours of 10.00 a.m., and 4.00 p.m., on weekdays other
than Saturdays and public holidays.
35. Request pursuant to section 36 for certified copies or copies
of extracts from a register or for copies of patents, patent
applications or other documents shall be made to the Controller in
writing and shall be subject to payment of the prescribed fee.
36. (1) A request for correction of an error in the register or
in any document filed with the Controller in connection with
registration shall be made in writing, stating the desired correction,
and shall be accompanied by the prescribed fee.
(2) A request for the correction of an error of translation
or transcription, a clerical error or mistake in the claims, description
or drawings of a patent or application for a patent or any document
filed in connection with a patent or such an application shall be
made in writing, stating the desired correction, and shall be
accompanied by the prescribed fee.
(3) Where such a request relates to the claims, description
or drawings, no correction shall be made therein unless the
correction is obvious in the sense that it is immediately evident
that nothing else would have been intended than what is offered as
the correction.
(4) Where the correction of a patent is requested, the
Controller may require notice of the proposed correction to be
advertised and the advertisement shall be made by publication of
the request and the nature of the proposed correction.
(5) Any person may, at any time within three months
after the date of the publication, give, to the Controller, notice
of opposition to the request, in duplicate, and the notice of
opposition shall be supported by a statement in duplicate setting
out fully the facts on which the opponent relies and the relief
which he seeks.
Inspection of
register.
Request for
extracts from
the register and
for copies of
documents.
Request for
correction of
errors.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
80 Chap. 82:76 Patents
(6) The Controller shall send a copy of the notice and the
statement to the person making the request who, if he desires to
proceed with his request, shall within three months of the receipt
of the copies file a counter-statement in duplicate setting out fully
the grounds on which he contests the opposition and the Controller
shall send a copy of the counter-statement to the opponent.
(7) The Controller may give such directions as he may
think fit with regard to the subsequent proceedings.
37. The Controller shall maintain a special register in which
he shall register licence contracts.
38. The special register and the file relating to a licence
agreement may be inspected and extracts obtained therefrom only
with the written permission of the licensor and licensee.
39. (1) The petition for registration of a licence contract under
section 40 shall be made in writing.
(2) The petition shall be accompanied by—
(a) copies of all the documents constituting the
contract, including all amendments, annexes,
riders, and other supplements thereto or
modifications thereof;
(b) copies of all other documents or material relating
to the contract necessary for the interpretation or
understanding thereof; and
(c) the prescribed fee.
40. (1) An application to the Controller for leave to amend
the description, claims or drawings of a patent shall be accompanied
by a document clearly showing the amendment sought and the
prescribed fee and the Controller may request the applicant to file
a copy of the unamended text of the description or claims or of the
drawings on which the amendment is shown in red ink.
(2) The application shall be advertised by publication of the
application and the nature of the proposed amendment in a periodical
and in such other manner, if any, as the Controller may direct.
Special register.
Inspection of
special register
and files.
Submission of
licence contract.
Amendment of
specification
after grant.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 81
(3) Any person wishing to oppose the application to
amend shall, within two months from the date of the advertisement
in a periodical, give notice to the Controller.
(4) Such notice shall be accompanied by a copy thereof
and be supported by a statement in duplicate setting out fully the
facts upon which the opponent relies and the relief which he seeks
and the Controller shall send a copy of the notice and of the
statement to the applicant.
(5) Within the period of two months beginning on the
date when such copies are sent to him the applicant shall, if he
wishes to continue with the application, file a counter-statement
in duplicate setting out fully the grounds upon which the
opposition is resisted and the Controller shall send a copy of the
counter-statement to the opponent.
(6) The Controller may give such direction as he may
think fit with regard to the subsequent procedure.
41. (1) Where the provisions of section 61(1) apply only to
some of the claims or some parts of a claim and no amendment of
the specification by the owner of the patent pursuant to section 61(2)
is required, such claims or parts of a claim shall be revoked.
(2) The patent owner shall, in writing, notify any licensee
of any Court proceeding instituted for the revocation of the patent
and the person requesting revocation shall so notify any
beneficiaries of non-voluntary licences granted under section 46
and, where the ground of invalidity invoked is that the patent owner
is not the inventor or his successor in title, the person alleged to
have the right to the patent shall also be notified.
42. (1) For the purposes of these Rules, “designate”,
“designated Office”, “elect”, “elected Office”, “international filing
date”, “international preliminary examination” and “receiving
Office” have the same meaning as in the Patent Co-operation Treaty.
(2) An international application designating Trinidad and
Tobago shall be treated as a patent application under the Act having
as its filing date the international filing date accorded under the
Patent Co-operation Treaty.
Revocation.
International
applications
under the Patent
Co-operation
Treaty.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
82 Chap. 82:76 Patents
(3) Notwithstanding the provisions of the Act and these
Rules, the requirements in relation to the filing and contents of an
international application, and to the fees payable in respect of the
filing of such an international application, shall be those which
apply under the Patent Co-operation Treaty and the Regulations
and Administrative Instructions thereunder.
(4) An international application filed with the Intellectual
Property Office as receiving Office shall be filed in English and
the prescribed transmittal fee shall be paid to the Intellectual
Property Office within one month from the date of receipt of the
international application.
(5) The applicant in respect of an international application
designating Trinidad and Tobago shall, before the expiration of
the time limit applicable under subrule (6) or (7)—
(a) pay the prescribed fee to the Intellectual Property
Office; and
(b) if the international application was not filed in,
and has not been published under the Patent
Co-operation Treaty as a translation into English,
file with the Intellectual Property Office a
translation of the international application,
containing the prescribed contents, into English.
(6) Where Trinidad and Tobago was not, before the
expiration of 19 months from the priority date referred to in
Article 2(xi) of the Patent Co-operation Treaty, elected for the
purposes of international preliminary examination—
(a) the time limit referred to in subrule (5) shall be
21 months from that date;
(b) the translation referred to in subrule (5) shall
contain a translation of—
(i) the description;
(ii) the claims (if amended under Article 19 of
the Patent Co-operation Treaty, as so
amended);
(iii) any text matter of the drawings; and
(iv) the abstract.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 83
(7) Where Trinidad and Tobago was, before the expiration
of 19 months from the priority date referred to in Article 2(xi) of
the Patent Co-operation Treaty, elected for the purposes of
international preliminary examination—
(a) the time limit referred to in subrule (5) shall be
31 months from that date;
(b) the translation referred to in subrule (5) shall
contain a translation of—
(i) the description (if amended by any
amendments annexed to the international
preliminary examination report, as so
amended);
(ii) the claims (if amended by any amendments
annexed to that report, as so amended);
(iii) any text matter of the drawings (if amended
by any amendments annexed to that report,
as so amended); and
(iv) the abstract.
(8) Where the applicant fails to file a translation of an
amendment referred to in subrule (5) or (6), the Controller shall
invite the applicant to furnish the missing translation within two
months from the date of the invitation and if the missing translation
is not furnished within that time limit, the amendment shall be
disregarded for the purposes of the further processing of the
international application by the Intellectual Property Office.
(9) If the applicant does not comply with the
requirements of subrule (5), the international application shall
be considered withdrawn.
(10) Notwithstanding section 21, where the Intellectual
Property Office acts as an elected Office in relation to an
international application and receives the international preliminary
examination report, the Controller shall not request the applicant
to furnish copies, or information on the contents, of any papers
connected with the examination relating to the same international
application in any other elected Office.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
84 Chap. 82:76 Patents
(11) Any annual fee which falls due under section 30(1) in
relation to an international application in which Trinidad and
Tobago is designated need not be paid until the expiration of the
time limit applicable under subrule (6) or (7).
PART II
UTILITY CERTIFICATES
43. (1) Part I of these Rules shall apply, mutatis mutandis, to
utility certificates, subject to the following exceptions:
(a) the letter A, in rule 23, shall be read as the letter U;
(b) the reference, in rule 41, to section 60 shall be
read as a reference to section 67.
(2) A request, under section 68, for the conversion of an
application for a patent into an application for a utility certificate,
or vice versa, shall be signed by the applicant and shall be
accompanied by the prescribed fee.
(3) The Controller shall, within two months of the receipt
of the request, notify the applicant of his decision thereon, in
writing, and where he refuses the request he shall state the reasons.
PART III
MISCELLANEOUS
44. (1) There shall be furnished to the Controller—
(a) by every applicant for the grant of a patent, an
address for service in Trinidad and Tobago for
the purpose of his application; and
(b) by every person (including the applicant for, or the
owner of, a patent, as the case may be) concerned in
any proceedings to which these Rules relate, an
address for service in Trinidad and Tobago,
and the address so furnished or, where another address (being an
address in Trinidad and Tobago) has been furnished in place thereof,
that address shall be treated for the purposes of that application for
those proceedings, as appropriate, as the address of that applicant
or, as the case may be, of that person.
Application of
provisions
relating to
patents.
Address for
service.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 85
(2) Where an Attorney-at-law has been appointed, the
address of the Attorney-at-law shall, for all purposes connected
with the Act and these Rules, be treated as the address to which
communications to the person or persons who appointed the
Attorney-at-law shall be transmitted.
45. When the last day for doing any act or taking any
proceedings falls on a day when the Controller’s Office is not open
to the public for business, it shall be lawful to do the act or to take
the proceeding on the day when the Controller’s Office is next
open for business.
46. (1) Before exercising adversely to any person any
discretionary power given to the Controller by the Act or these
Rules, the Controller shall notify such person, in writing, of
the opportunity to be heard thereon, and indicating a time limit,
which shall not be less than one month, for filing a request for
a hearing.
(2) The request for a hearing shall be in writing and shall
be subject to payment of the prescribed fee.
(3) Upon receiving such request, the Controller shall
give the person applying, and any other interested persons, at
least two weeks notice, in writing, of the date and time of the
hearing.
47. (1) Any notice, application or other document sent to
the Controller by mail shall he deemed to have been given, made
or filed at the time when it would be delivered in the ordinary
course of the mail and in proving such sending, it shall be
sufficient to prove that the letter containing such notice,
application or other document was properly addressed and sent
by registered mail.
(2) Subrule (1) does not apply to the accordance of the
filing date.
Excluded days.
Hearing.
Service by mail.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
86 Chap. 82:76 Patents
48. (1) The time or periods prescribed by these Rules for doing
any act or taking any proceedings thereunder, other than times or
periods prescribed in the provisions mentioned in subrule (2), may
be extended by the Controller if he thinks fit, upon such notice to
the parties and upon such terms as he may direct, and such extensions
may be granted although the time or period for so doing such act or
taking such proceeding has already expired.
(2) The provisions referred to in subrule (1) are
rules 1(1), 20(1), 30(2), 36(2) and 40(3).
49. At any stage of any proceedings before the Controller, he
may direct that such documents, information or evidence as he
may require be furnished within such period of time as he may fix.
50. Any irregularity in procedure before the Controller may
be rectified, on such terms as he may direct.
51. Where, under these Rules, any person is to do any act or
thing, or any document or evidence is required to be produced or
filed, and it is shown to the satisfaction of the Controller that
from any reasonable cause that person is unable to do that act or
thing, or that that document or evidence cannot be produced or
filed, the Controller may, upon the production of such evidence
and subject to such terms as he thinks fit, dispense with the doing
of any such act or thing, or the production of filing of such
document or evidence.
52. The Controller’s Office shall be open to the public from
Monday to Friday inclusive, each week, between the hours of
8.30 a.m., and 4.00 p.m., for all classes of business.
53. (1) Where under these Rules evidence may be filed, it
shall be by statutory declaration or affidavit.
Extension of
time limit.
Directions as to
furnishing of
documents.
Corrections of
irregularities.
Dispensation by
the Controller.
Hours of
business.
Evidence.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 87
(2) The Controller may, if he thinks fit, in any particular
case, take oral evidence in lieu of or in addition to such evidence
and shall allow any witness to be cross-examined on his affidavit
or declaration.
54. (1) Any statutory declaration or affidavit filed under the
Act or these Rules shall be made before any officer authorised by
law in any part of Trinidad and Tobago to administer an oath for
the purpose of any legal proceedings.
(2) Statutory declarations or affidavits made outside
Trinidad and Tobago shall be made before a Trinidad and Tobago
Consul or Notary Public.
55. Particulars of patents and other proceedings under the Act
and any other information required to be published under the Act
or these Rules shall be published, in accordance with the direction
of the Controller, in at least one of the periodicals referred
to in section 2.
Statutory
declarations and
affidavits.
Publication.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
88 Chap. 82:76 Patents
MATTER OR PROCEEDING AMOUNT OF FEE FORM
Application for a patent [section 18(1) and (2); rule 9] $2,000.00 Form No. 1
Each divisional application for a patent [section 19(4);
rule 18] … … … … $1,500.00 Form No. 1
Application for a utility certificate [sections 18(1) and
(2), 64; rules 9, 43(1)] … … … $1,000.00 Form No. 1
Each divisional application for a utility certificate
[sections 19(4), 64; rules 9, 43(1)] … $750.00 Form No. 1
Correction of application to comply with requirements
for according filing date [section 23(3); rule 25(2)] $250.00
Correction of application to comply with formal
requirements [section 23(3); rule 25(2)]… … $250.00
Preparation of abstract by Controller [rule 25(2)] … $1,500.00
Amendment of application at instance of applicant
[section 26(1)] … … $500.00
Amendment of application on invitation of Controller
[section 25(1); rule 26(2)] … … $250.00 Form No. 2
Fee for search and examination carried out by an
examining authority [section 24(1); rule 26(1)] … $1,500.00 plus
amount payable to
examining authority
Grant and publication fee (rule 27) … … $500.00 plus
amount payable
to publisher
Annual fees for patents: [sections 29, 30(1)]
2nd year … … … … $200.00
3rd year … … … … $400.00
4th year … … … … $400.00
5th year … … … … $600.00
6th year … … … … $900.00
7th year … … … … $1,200.00
8th year … … … … $1,600.00
9th year … … … … $2,000.00
10th year … … … … $2,400.00
[Rule 3(1)]. SCHEDULE I
FEES
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 89
MATTER OR PROCEEDING AMOUNT OF FEE FORM
11th year … … … … $3,200.00
12th year … … … … $4,200.00
13th year … … … … $5,200.00
14th year … … … … $6,200.00
15th year … … … … $7,200.00
16th year … … … … $8,400.00
17th year … … … … $9,600.00
18th year … … … … $10,800.00
19th year … … … … $12,000.00
20th year … … … … $13,200.00
Surcharge for late payment of annual fee [section 30(1)] 10% of the
overdue fee
Request for conversion of a patent application into an
application for a utility certificate and vice versa
[section 68; rule 43(2)] … … … $200.00
Application to register, or to give notice of, transaction,
etc., (section 35; rule 33)… … … $150.00 Form No. 5
Request for recordal of change in ownership (section
35; rule 33) … … … … $150.00 Form No. 5
Submission of licence contract for recordal [section
45(2); rule 37]… … … … $150.00
Inspection of register (for every quarter of an hour or
part thereof) (rule 34) … … … $20.00
Inspection of special register and file relating to licence
contract (for every quarter of an hour or part thereof)
(rule 38) … … … … $20.00
Certified copies of documents (rule 35) … $50.00
plus $5.00
per page
Request for correction of an error (rule 36) … $150.00
Request for extension of time limit (rule 48) … $150.00
Request for hearing (rule 46) … … $150.00
FEES—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
90 Chap. 82:76 Patents
SCHEDULE II
FORM NO. 1
INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO
Form No. 1 For Official Use
PATENTS ACT
Date of Receipt by Intellectual Property Office:
APPLICATION No.:
REQUEST FOR GRANT
OF PATENT OR UTILITY
CERTIFICATE
(Office’s Stamp)
To: The Controller
Intellectual Property Office
FILING DATE:
Applicant’s or Representative’s File Reference:
THE APPLICANT(S) REQUEST(S) THE GRANT OF A PATENT
THE GRANT OF A UTILITY
CERTIFICATE
IN RESPECT OF THE FOLLOWING PARTICULARS:
I. TITLE OF INVENTION:
II. APPLICANT(S)*
Additional information is contained in supplemental box
Name(s):
Address(es):
Nationality/nationalities:
Country/countries of residence or principal place(s) of business:
Tel. No.: Telegraphic Address(es): Telex No.: Fax No.:
*The data concerning each applicant must appear in this box or, if the space is insufficient,
in the supplemental box.
(Form No. 1, first page)
[Rule 3(2)
and 23(1)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 91
FORM NO. 1—Continued
Address for service in
Trinidad and Tobago:*
III. AGENT
The following agent has been appointed by the applicant(s) in the authorisation of agent
accompanying this Form to be filed within two months
from the filing of this Form
Name:
Address:
Tel. No.: Telegraphic Address(es): Telex No.: Fax No.:
IV. INVENTOR
Additional information is
The inventor is the applicant contained in supplemental box
If inventor is not the applicant:
Name:
Address:
The statement justifying the applicant’s right accompanies this Form
V. DIVISIONAL APPLICATION
This application is a divisional application . The benefit of the filing date
priority date of the initial application is claimed in as much as the subject matter of the
present application is contained in the initial application identified below.
Initial Application No.:
Date of filing of initial application:
* Where an Attorney-at-law has been appointed, his address shall be treated as the address to
which communications shall be transmitted [Rule 44(2)].
(Form No. 1, second page)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
92 Chap. 82:76 Patents
(Form No. 1, third page)
VI. DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES
Disclosure occurred not more than one year before the filing date or priority
date of the present application by reason or in consequence of acts of the applicant
or his predecessor in title.
of an abuse committed by a third party with regard to the rights of the
applicant or his predecessor in title.
Additional information is contained in a statement accompanying this Form.
VII. PRIORITY DECLARATION (if any)
The priority of (an) earlier application(s) is claimed as follows:
The priority of more than one earlier application is claimed;
the data are indicated in the supplemental box:
Country (if the earlier application is Filing Date:
a regional or international application,
indicate the office with which and the
countries for which it was filed):
Application No.:
Symbol of the International
Patent Classification:
not yet allocated
The certified copy of the earlier application accompanies this Form
will be furnished upon request by the Controller, as prescribed by Rule 20(5)
has already been furnished with application No. ................... [see Rule 20(5)]
The English translation of the earlier application accompanies this
Form
will be furnished upon request, as prescribed by Rule 20(6)
FORM NO. 1—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 93
FORM NO. 1—Continued
VIII. SUPPLEMENTAL BOX*
*Use this box if any of the boxes is not large enough to contain information to be
furnished. Indicate the boxes continued in this box by their Roman numerals and title
[e.g., “II. APPLICANT(S) (continued)”].
(Form No. 1, fourth page)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
94 Chap. 82:76 Patents
FORM NO. 1 —Continued
A. This application contains the following:
1. request ......................... sheet(s)
2. description ................... sheet(s)
3. claim(s)......................... sheet(s)
4. abstract ........................ sheet(s)
5. drawing(s) ................... sheet(s)
Total sheets
C. Figure number....................of the
drawings (if any) is suggested to
accompany the abstract for
publication
B. This Form, as filed, is accompanied
by the items ticked below:
separate signed authorisation of agent
statement justifying the applicant’s
right
statement that certain disclosures be
disregarded
priority document(s) [certified copy
of earlier application(s)]
English translation of earlier
application(s) on which priority
declaration is based
application fee
other document(s) (specify)
IX. CHECK LIST (TO BE FILLED IN BY THE APPLICANT)
X. SIGNATURE(S).................................... ............................................
Date
Type name(s) under signature(s).
Indicate whether applicant or agent.
TO BE FILLED IN BY THE CONTROLLER
1. Date of receipt of corrections or later filed documents completing the application:
2. Date fees received:
(Form No. 1, fifth and last page)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 95
INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO
Form No. 2
PATENTS ACT
NOTIFICATION OF NON-COMPLIANCE For Official Use
WITH SUBSTANTIVE REQUIREMENTS
AND INVITATION TO SUBMIT
OBSERVATIONS AND/OR AMENDED Fee received on:
APPLICATION FOR GRANT OF PATENT
Applicant’s or Representative’s File
Reference:
In the matter of Patent Application No. ................................................................................... the
Controller hereby notifies the applicant(s) that the following substantive requirements have not
been fulfilled with respect to the above-identified application for the following reasons:*
The applicant(s) is/are hereby invited to submit, within
...................................................................................................................... (specified period†),
his/their observations and, where applicable, an amended application. The amendment shall be
made to the Controller, together with the prescribed fee.
SIGNATURE ........................................................................ ..........................................
The Controller Date
*Continue on a separate sheet, if space provided is insufficient.
†Insert time limit in accordance with Rule 26(2).
(Form No. 2, only page)
FORM NO. 2 [Rules 3(2)
and 26(3)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
96 Chap. 82:76 Patents
(Form No. 3 only page)
(19) Intellectual Property Office, (11) Publication Number:
Trinidad and Tobago
(45) Publication Date:
(51) IPC:
(12) PATENT
(21) Application Number: (73) Owner(s):
(22) Filing Date: (72) Inventor(s):
(31) Priority Number:
(32) Priority Date: (74) Agent:
(33) Priority Country:
(54) Title:
(57) Abstract:
FORM NO. 3[Rules 3(2)
and 27(2)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 97
(Form No. 3A only page)
(19) Intellectual Property Office, (11) Publication Number:
Trinidad and Tobago
(45) Publication Date:
(12) U T I L I T Y C E RT I F I C AT E
(21) Application Number: (73) Owner(s):
(22) Filing Date:
(72) Inventor(s):
(31) Priority Number:
(32) Priority Date: (74) Agent:
(33) Priority Country:
(54) Title:
(57) Abstract:
FORM NO. 3A
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
98 Chap. 82:76 Patents
FORM NO. 4
INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO
Form No. 4
PATENTS ACT
CERTIFICATE OF GRANT OF PATENT/
UTILITY CERTIFICATE*
In accordance with section 28(3) of the Patents Act, it is hereby certified that a patent/utility
certificate* having the number ......................................................... has been granted to:
Name:
Address:
on ................................................................... (date), in respect of an invention disclosed in an
application for that patent/utility certificate* having the following:
filing date:
priority date:
being an invention for ................................................................................................................
(title)
Signature ................................................................. ...............................................................
The Controller Date
*Delete which does not apply.
(Form No. 4, only page)
[Rules 3(2)
and 27(4)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Patents Rules [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Patents Chap. 82:76 99
FORM NO. 5
INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO
Form No. 5 For Official Use
PATENTS ACT
APPLICATION TO REGISTER, OR TO Received on:
GIVE NOTICE OF, TRANSACTION, ETC.;
RECORDING OF CHANGE IN OWNERSHIP
To: The Controller
Intellectual Property Office
Applicant’s or Representative’s
File Reference:
I. IN THE MATTER OF:
Patent Application No.: Filing Date:
Application for Utility Certificate No.: Filing Date:
Patent No.: Date of Grant:
Utility Certificate No.: Date of Grant:
II. APPLICATION TO REGISTER, OR TO GIVE NOTICE OF,
TRANSACTION, ETC.
PERSON(S) MAKING THE APPLICATION:
Name(s):
Address(es):
III. REQUEST FOR RECORDING OF CHANGE IN OWNERSHIP
The Controller is hereby requested to record the change in ownership of the
above-identified .......................................................................*
The present applicant(s)/owner(s)† is/are identified below.
The new applicant(s)/new owner(s) † is/are identified below.
FORMER APPLICANT(S) / OWNER(S):†
Name(s):
Address(es):
*Indicate application or title concerned.
†Delete whichever does not apply.
(Form No. 5, first page)
[Rules 3(2)
and 33(1)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Patents Rules
LAWS OF TRINIDAD AND TOBAGO
100 Chap. 82:76 Patents
FORM NO. 5—Continued
(Form No. 5, second and last page)
NEW APPLICANT(S)/NEW OWNER(S)*
Name(s):
Address(es):
Address for service in Trinidad and Tobago:
Nationality/nationalities:
Country/countries of residence or principal place(s) of business:
Tel. No.: Telegraphic Address(es): Telex No.: Fax No.:
IV. ADDITIONAL INFORMATION
The following items accompany this Form:
The original or a certified copy of the document evidencing the change of
ownership, signed by or on behalf of the contracting parties
other documents evidencing the change in ownership (specify)
fees
other (specify)
V. SIGNATURES
.................................................. (Person(s) making the application† ) .................................
(Date)
................................................ [New Applicant(s)/New Owner(s)‡ ] ..................................
(Date)
................................................. [Former Applicant(s)/Owner(s)‡ ] ...................................
(Date)
*Delete whichever does not apply.
†Type name under signature(s).
‡ Delete whichever does not apply and type name(s) under signature(s).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
