- TABLE OF CONTENTS
- Citation
- Interpretation
- Fees
- Forms
- Description of Invention
- Drawings
- Claims
- Time Limits
- Joint Inventors
- Divisional Applications
- Patent Agents
- Clerical Errors
- 61. Correcting Errors
- General
- SCHEDULE I
- SCHEDULE II
The Patents Regulations, 1984
(SI 1984 No. 84)
TABLE OF CONTENTS
Articles
Citation.................................................................................................. 1 Interpretation......................................................................................... 2 Fees ....................................................................................................... 3-9 Forms .................................................................................................... 10-14 Title of Invention................................................................................... 15-16 Abstracts of Invention ........................................................................... 17 Description of Invention........................................................................ 18-22 Drawings ............................................................................................... 23-27 Claims ................................................................................................... 28-30 Correspondence..................................................................................... 31-39 Time Limits........................................................................................... 40-44 Joint Applicants..................................................................................... 45 Joint Inventors....................................................................................... 46-47 Convention Priority............................................................................... 48-50 Divisional Applications......................................................................... 51-56 Patent Agents ........................................................................................ 57-60 Clerical Errors ....................................................................................... 61 General .................................................................................................. 62-65 Schedule I Schedule II
The Minister in exercise of the powers conferred on him by section 98 of the Patents Act, 1981, makes the following regulations:
[Short Title]
1. These regulations may be cited as the Patents Regulations, 1984.
[Definitions]
2. In these regulations,
(a) “applicant” means a person for whom an application is made;
(b) “application” means an application for patent;
(c) “Office” means the Industrial Property Office;
(d) “section” unless qualified means a section of these regulations.
[Fees Set Out Schedule I]
3. The fees to be paid under the Act and these regulations are those fixed in Schedule I.
[Currency]
4. Payments shall be made in Barbadian currency, but the equivalent amount in a foreign currency that is convertible in Barbados may be accepted.
[Excess Fee]
5. When a fee paid by a person to the Director for any purpose exceeds the fee fixed by these regulations for that purpose by more than ten dollars, the person who paid the fee is entitled to be refunded the amount of excess less ten dollars.
[Fee Refund]
6. When a fee is paid to the Director by any person by mistake, for an application that is withdrawn before it is given an application number, or for a service that cannot be provided, the person who paid the fee is entitled to a refund of the fee less twenty-five dollars, if he claims the refund within one year of the payment of the fee.
[Refund of Advance Fee]
7. When a person pays a fee in advance for the grant of a patent, renewal of a patent or for any other purpose, he is entitled to a refund of that fee, less fifteen dollars, if he decides not to proceed with the application for the patent, renewal or other matter to the stage where the fee would be required.
[Payment of Fees]
8.—(1) Fees that are paid by cheque, bank draft or money order shall be forwarded to the Director and made payable to him.
(2) Fees may be paid by cash at the Office.
[Cheques]
9. A Payment of a fee by cheque may be accepted by the Director as being a payment of the fee when the cheque is received by him, but if the cheque is not paid when presented to the bank on which it is drawn and not made good within such time as the Director may fix, the acceptance of the fee is revoked and any thing done pursuant to the payment is void and, if appropriate, shall be so recorded in the register.
Forms
[Schedule II]
10.—(1) In submitting a document to the Office for any purpose, the person submitting the document must use the form set out in Schedule II that is appropriate for the purpose, but the form may be modified in such manner as is necessary in the circumstances.
(2) In submitting a document to the office, one copy only of the document need be submitted.
[Replacing Documents]
11. If a document that is submitted to the Office differs significantly from the form in Schedule II intended to be used for the purpose of the submission, the Director may require that the document be replaced, within a time fixed by the Director, by one that conforms to the document required by Schedule II to be used for the purpose.
[Paper Requirements]
12.—(1) All applications, notices, statements, papers having representations affixed, or other documents authorised or required by the Act or these regulations to be made, left with or sent to the Director must be on strong, durable white paper and, except in the case of statutory documents and affidavits, must be written on one side of the paper only. [Page Requirements]
13.—(1) The page of documents, other than drawings, must be numbered consecutively, preferably at the top of the page.
(2) Page margins must be at least 2 cm.
(3) Except for drawings, pages must be typed or printed, preferably with one and a half spacing or double spacing.
[Language of Documents]
14.—(1) An application must be in English.
(2) Until he is provided with a translation verified by affidavit, the Director may refuse to take cognisance of any document that is not in English.
[Title]
15. The title of an invention given in an application must be short and indicate the subject matter to which the invention relates.
[Words of Title]
16. The title of an invention must not include any trade mark, coined word or personal name.
[Abstracts]
17. The abstract of an invention must be a brief summary of the invention being disclosed, indicating its main features and use and the manner in which the invention differs from other inventions.
[Content of Description]
18.—(1) The description of an invention must state the title of the invention as it appears in the petition for patent and must
(a) specify the technical field to which the invention relates; [Completeness]
19. A description in an application must be complete and not depend on any document not available to the public when the application was filed and must, without reference to other applications mentioned in the description, be sufficient to support the claims made in the application.
[Additions]
20. No matter contained in a document referred to in a description in an application and not available to the public when the application was filed may be added to the description after the application is filed.
[Identification]
21. A document referred to in a description in an application must be fully identified.
[Measurements]
22. Units of weights and measures in a description must be expressed in the metric system.
[Drawing Requirements]
23. All drawings in an application must satisfy the following requirements:
(a) the drawings are to be on white paper or other material suitable for reproduction; [Photographs]
24. Photographs may be used instead of drawings in an application if the photographs clearly illustrate the invention and can be readily reproduced.
[No Drawing in Text]
25. No drawings or sketches shall be placed in the textual part of a disclosure in an application except to show graphic chemical formulae, mathematical formulae, symbols or equations.
[Folds, Breaks]
26. Drawings in an application must be free of such folds, breaks or creases as render them unsuitable for reproduction.
[Explanation of Drawings]
27. The description in the application shall briefly explain the drawings in the application.
[Claims Limited in Number]
28. No more claims shall be permitted in an application than are necessary to adequately protect the invention disclosed in the application.
[Numbering]
29. Claims must be numbered consecutively.
[Dependent Claims]
30.—(1) Claims may be made dependent upon preceding claims in order to add features to what is claimed in the preceding claims.
(2) A dependent claim must refer by number to the claim upon which it depends.
(3) A dependent claim may refer by number to not more than three preceding claims, and any claim so referred to must not itself refer by number to more than one other claim.
[Communicating with Office]
31.—(1) Applications, correspondence related thereto, and all communications intended for the Office shall be mailed to or deposited at the Industrial Property Office, Barbados.
(2) When communicating with the Office about an application, patent or licence, the correspondent shall identify the application, patent or licence clearly and give such information as the date of filing, kind of invention, name of applicant, patentee or licensee and registration number.
[Mode of Communication]
32. Applications shall be proceeded with, and other communication with the Office effected, by written correspondence and, unless the Director for good reason decides otherwise, no regard need be given to any other mode of communication with the Office.
[Communicating from Office]
33. All correspondence from the office to an applicant shall be sent
(a) to the patent agent of the applicant if one has been appointed in Barbados; [Multiple Applicant]
34. When, in respect of an application, there is more than one applicant, correspondence shall be conducted
(a) with the patent agent who has been named to represent all the applicants; [Limited Correspondents]
35. The Office shall, in accordance with regulations 33 and 34, conduct correspondence on an application with only one person.
[Address and Presumption]
36. A person who corresponds with the Office shall provide his full postal address, and any correspondence sent by the office to that person at the address so provided shall be deemed to be sent on the date that the records of the Office show it to have been sent.
[Address for Service]
37. A patentee, licensee and applicant for a licence must maintain an address for service in Barbados and send, with the prescribed fee, notice of that address to the Director for recording in the Register.
[Patent Agent]
38. When an application is filed for an applicant by an agent who is admitted to practice as a patent agent in Barbados, the agent is the representative of the applicant until such time as another agent is appointed.
[Service on Agent]
39. When a patent agent has been appointed to represent an applicant in respect of an application, the address of the agent is the address for service of the patentee after the patent is granted until such time as another address for service is recorded in respect of the patentee.
[Filing Time]
40. Any correspondence with the Office that is due on any day on which the office is closed for business shall be accepted as properly filed if it is received on the next day that the Office is open for business.
[Replacement of Correspondence]
41. If he is satisfied that mail to or from the office was sent but never received, the Director may accept or send out replacing correspondence; and the effective date of the replacing correspondence is the date that the Director determines should apply.
[Interruptions of Mail]
42. Where, by evidence satisfactory to the Director, a person proves that he was unable to do something within the time prescribed therefor by the Act or these regulations because of an interruption in mail service in Barbados or elsewhere, the Director may, before or after the expiration of the time for doing that thing, extend the time to make allowances for the period of the interruption in mail service.
[Fixing Time Limits]
43. The Director may, in respect of an application, fix a period of time for the doing of any thing for which no time limit is otherwise fixed by the Act or these regulations; and an application shall be deemed abandoned if, in respect of that application, the thing is not done within the time so fixed.
[Changing Time Limits]
44. When, by an affidavit setting forth the relevant facts, the Director is satisfied that any time fixed by these regulations for the doing of any thing should be extended in a particular case, the Director may, either before or after the expiration of the time, extend it for such period as he thinks suitable in the circumstances of the case.
[Structure re Withdrawal]
45. When an application that is filed by joint applicants is being proceeded with by one of the joint applicants, it may not be withdrawn under section 28 of the Act without the written permission of all the other joint applicants; and, if the application is in any danger, under section 91(5)(a) of the Act, of being presumed withdrawn, the Director shall notify all joint applicants at the latest addresses provided him for the joint applicants.
[Changes of Inventors’ Names]
46. When, after an application has been filed, it appears that the names of one or more inventors were improperly included in or omitted from the application, then, if the Director is satisfied, by an affidavit setting out all the relevant facts, that a correction should be made, the Director may delete or add, as the case requires, the names of those other inventors.
[Inventors Not Applying]
47. When an invention is made by several inventors, and one or more of them refuses to make an application in respect of the invention, or the whereabouts of one or more of the inventors cannot be ascertained after a diligent inquiry, the other inventors may make an application in respect of that invention; and, if the Director is satisfied, by an affidavit setting out the relevant facts, that the inventors missing from the application either refuse to make application or cannot be located, the inventors making the application are entitled to be granted a patent if all other requirements of the Act and these regulations are complied with.
[When Priority Claimed]
48. If a convention priority is requested in respect of an application, that is to say, a claim of priority under section 25 of the Act, or pursuant to an order under section 95 of the Act, in respect of the application, it may be claimed either at the time of filing the application or at some later time before the grant of patent, but not thereafter.
[Required Information]
49. When a convention priority is requested for an application, the applicant must state when and where an application for the invention was first filed, and what its application number was.
[Divisional Application]
50. If a convention priority is sought for a divisional application, it must be requested separately from any request made with respect to the original application.
[Requirements of Application]
51. When a divisional application is filed, the petition must identify the original application by its application number and date of filing and must identify any intermediate applications upon which divisional status is based.
[Single Inventive Concept]
52. Claims for a process, the product of that process, apparatus and means for carrying out the process, and the process of using the product shall be construed as relating to a single inventive concept.
[Improper Applications]
53. No divisional application may be filed after a patent has been granted in respect of the immediately preceding application upon which the divisional application is based.
[Proper Division]
54. A properly filed divisional application may itself be divided after the original application to which it relates has been issued for patent, if the division is made while the divisional application is still pending.
[Accorded Filing Date] [Convention Priority Date]
[Licensing of Patent Agents]
57. The Director may license suitable persons to be patent agents for transacting business under the Act, and he shall record the names of licensed patent agents in the Register.
[Revocation and Restoration]
Citation
Interpretation
Fees
Title of Invention
Abstracts of Invention
Description of Invention
Drawings
Claims
Correspondence
Time Limits
Joint Applicants
Joint Inventors
Convention Priority
Divisional Applications
Patent Agents