INo. 92/ Patents
BELIZE:
STATUTORY INSTRUMENT
No. 92 of 2001
REGULATIONS made by the Minister responsible for Patents in exercise ofthe powers conferred upon him by section 68 ofthe Patents Act (No. 14 of2000), and all other powers thereunto him enabling.
(Gazetted 23rd June, 2001).
PART I
Preliminary
1. These regulations may be cited as the
PATENTS REGULATIONS, 2000.
2. In these regulations, unless the context otherwise reqmres-
"applicant" means aperson for whom an application is made;
"application" means an application for a patent;
"Office" means the Intellectual Property Office.
PART II
Fees
3. The fees to be paid under the Act and these regulations
are those fixed in Schedule I.
Short title.
Interpretation.
Fees set out. Schedule I.
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Currl'nq·.
f.XCl'SS fl'l'.
Fl'l' rl'fund.
Rl'fund of advancl' fl'e.
Payment of fees.
Cheques.
4. Payments shall be made in Belizean currency, but the equivalent amount in a foreign currency that is convertible in Belize may be accepted.
5. When a fee paid by a person to the Registrar for any purpose exceeds the fee fixed by these regulations for that purpose by more than $10, the person who paid the fee is entitled to be refunded the amount of excess less $10.
6. When a fee is paid to the Registrar by any person by mistake, for an application that is withdrawn before it is given an application number, or for a service that cannot be provided, the person who paid the fee is entitled to a refund of the fee less $25, ifhe claims the refund within one year ofthe payment of the fee.
7. When a person pays a fee in advance for the grant of a patent, renewal ofa patent or for any other purpose, he is entitled to a refund of that fee, less $15, ifhe decides not to proceed with the application for the patent, renewal orother matter to the stage where the fee would be required.
8.- (1) Fees that are paid by cheque, bank draft or money order shall be forwarded to the Registrar and made payable to him.
(2) Fees may be paid by cash at the Office.
9. A payment of a fee by cheque may be accepted by the Registrar as being a payment ofthe fee when the cheque is receivedbyhim, but ifthe cheque is notpaid whenpresented to the bank on which it is drawn and not made good within such time as the Registrar may fix, the acceptance ofthe fee is revoked and anything done pursuant to the payment is void and, if appropriate, shall be so recorded in the Register.
'
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PARTIII
Forms
10. -(1) In submitting a document to the Office for any purpose, the person submitting the documentmust 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.
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 ofthe submission, the Registrar may require that the document be replaced, within a time fixed by the Registrar, by one that conforms to the document required by Schedule II to be used for the purpose.
12. -(1) All applications, notices, statements, papers having representations affixed, or other documents authorized or required by the Act or these regulations to be made, left with or sent to the Registrar must be on strong, durable white paper and, except in the case ofstatutory documents and affidavits, must be written on one side of the paper only.
(2) Each sheet ofpaper, other than drawings, must have its short sides at the top and bottom of the sheet.
(3) Each sheet ofpaper must be ofthe same size and on A-4 paper or such other size as the Registrar may permit.
13.-(1) The pages ofdocuments, other than drawings, must be numbered consecutively, preferably at the top ofthe page.
(2) Page margins must be at least 2 centimetres.
Form required. Schedule II.
Replacing documents. Schedule II.
Paper requirements.
Page requirements.
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Language of documents.
Title.
Words of title.
Abstract.
Content of description.
(3) Except for drawings, pages must be typed or printed, preferably with one and a half spacing or double spacmg.
14. An application must be in English.
PARTIV
Title of Invention
15. The title ofan invention given in an application must be short and indicate the subject matter to which the invention relates.
16. The title ofan invention must not include any trade mark, coined word or personal name.
PARTV
Abstract of Invention
17. The abstract ofan invention must be a briefsummary ofthe invention being disclosed, indicating its main features and use and the manner in which the invention differs from other inventions.
18. -( l) The description ofan invention must state the title ofthe invention as it appears in the petition for the patent and must-
(a) specify the technical field to which the invention relates;
(h) indicate the background art that, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination ofthe invention;
5No. 92] Patents
(c) disclose the invention in such terms that it can be understood, and state its advantageous effects, ifany, withreference to the background art;
(d) briefly describe the figures in any drawings;
(e) set forth at length, in terms ofexamples when appropriate, and with reference to the drawings, ifany, the best mode contemplated by the applicant for carrying outthe invention; and
(I) indicate explicitly, whenitisnotobvious from the description or nature ofthe invention, the way in which the invention is industrially applicable and the way in which it can be made and used or, ifit can only be used, the way in which it can be used.
(2) The manner and order specified in this provision in respect ofa description must be followed in all descriptions ofinventions exceptwhen, becauseofthe nature ofthe invention, a different manner or a different order would result in a better understanding and a more practical presentation.
19. A description in an application must be complete and Completeness. 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.
20. No matter contained in a document referred to in a Additions. 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.
21. A document referred toin adescription in an application ldfntification. must be fully identified.
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Measurements. 22. Units ofweights and measures in a description must be expressed in the metric system.
PART VI
Drawings
Drawing 23. All drawings in an application must satisfy the following requirements. requirements-
(a) the drawings are to be on white paper or other material suitable forreproduction;
(b) the sheets of drawings are to be the same size as those used for the description in the application;
(c) the drawings are to be prepared with durable dark lines suitable for reproduction;
(d) the drawings are to be on a scale sufficiently large to show the invention clearly;
(e) the drawings are to appear on only one side of the sheet;
(/) figures in the drawings are to be numbered consecutively without regard to the number ofsheets in the drawings and so far as possible the figures are to be arranged in numerical order;
(g) the figures are to be identified and explained in the description;
(h) figures in the drawings can be continued on subsequent sheets if necessary or several figures can appear on the same page;
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(i) the drawings are to be identified with the name of the applicant or inventor; and
OJ the drawings are not to contain textual matter other than that needed to identify parts.
24. Photographs may be used instead ofdrawings in an application ifthe photographs clearly illustrate the invention and can be readily reproduced.
25. No drawings or sketches shall be placed in the textual part ofa disclosure in an application except to show graphic chemical formulae, mathematical formulae, symbolsorequations.
26. Drawings in an application must be free ofsuch folds, breaks or creases as render them unsuitable for reproduction.
27. The description in the application shall briefly explain the drawings in the application.
PART VII
Claims
28. No more claims shall be permitted in an application thanarenecessaryto adequatelyprotect the invention disclosed in the application.
29. Claims must be numbered consecutively.
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 d~pendent claim must refer by num~er to the claim upon which it depends.
Photographs.
No drawing in text.
Folds, breaks, etc.
Explanation of drawings.
Claims limited in number.
Numbering.
Dependent claims.
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Communicating with Office.
Mode of communication.
Communication from Office.
(3) A dependent claim mayreferbynumberto not more than three preceding claims and any claim so referred to must not itself refer by number to more than one other claim.
PART VIII
Correspondence
31.-(1) Applications, correspondence related to any application, and all communications intended for the Office shall be mailed to or deposited at the Office.
(2) When communicating with the Office about an application, patent or licence, the correspondent shall identify theapplication,patentorlicenceclearlyandgivesuchinformation as the date of filing, kind of invention, name of applicant, patentee or licensee and registration number.
32. Applications shall be proceeded with, and other communication with the Office effected, by written correspondence and, unless the Registrar for good reason decides otherwise, no regard needbe given to any othermode ofcommunication with the Office.
33. All correspondence from the Office to an applicant shall be sent-
(a) to the patent agent ofthe applicant ifone has been appointed in Belize;
(b) if no patent agent has been appointed in Belize, to the address for service of the applicant in Belize; or
(c) to the applicant, ifno patent agent has been appointed in Belize to represent the applicant and the applicant has no address for service filed in the Office.
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34. When, in respect ofan 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;
(b) with the applicant resident in Belize who has beennominated to represent all the applicants, if no patent agent has been appointed; or
(c) withthefirstapplicantnamedintheapplication, ifthere has been neither an agent appointed nor an applicant resident in Belizenominated to represent the applicants.
35. The Office shall, in accordancewith regulations 33 and 34, conduct correspondence on an application with only one person.
36. A personwho 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.
37. A patentee, licensee and applicant for a licence must maintain an address for service in Belize and send, with the prescribed fee, notice of that address to the Registrar for recording in the register.
38. Whenan application is filed for an applicantby an agent who is admitted to practise as a patent agent in Belize, the agent is the representative ofthe applicant until such time as another agent is appointed.
39. When a patent agent has been appointed to represent an applicant in respect ofan application, the address of the agent is the address for service ofthe patentee after the patent
Multiple applicants.
Limited correspondents.
Address and
presumption.
Address for service.
Patent agent.
Service on agent.
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Filing time.
Replacement of correspondence.
Interruptions of mail.
Fixing time limits.
Changing time limits.
is granted until such time as another address for service is recorded in respect of the patentee.
PARTIX
Time Limits
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 ifit is received on the next day that the Office is open for business.
41. Ifhe is satisfied that mail to or from the Office was sent but never received, the Registrar may accept or send out replacingcorrespondence; andthe effectivedate ofthe replacing correspondence is the date that the Registrardetermines should apply.
42. Where, by evidence satisfactory to the Registrar, a person proves that he was unable to do something within the timeprescribedthereforbythe Act orthese regulations because ofan interruption in mail service in Belize or elsewhere, the Registrar may, before or after the expiration ofthe time for doing that thing, extend the time to make allowances for the period ofthe interruption in mail service.
43. The Registrar may, in respect of an application, fix a period oftime for the doing ofany 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 ofthat application, the thing is not done within the time so fixed.
44. When by an affidavit setting forth the relevant facts, the Registrar is satisfied that any time fixed bythese regulations for the doing ofany thing should be extended in a particular case, the Registrar may, either before or after the expiration ofthe time, extend it for such period as he thinks suitable in the circumstances of the case.
11No. 91] Patents
PARTX
Joint Applicants
45. When an application that is filed by joint applicants is being proceeded with by one ofthejoint applicants, it may not be withdrawn under section 17 (9) ofthe Act without the writtenpermission ofall the otherjoint applicants; and, ifthe application is in any danger, under section 28 (4) ofthe Act, ofbeingdeemed to have been withdrawn, the Registrar shall notify alljoint applicants at the latest addresses provided him for the joint applicants.
PART XI
Joint Inventors
46. When, after an application has been filed, it appears that the names of one or more inventors were improperly includedin oromitted from the application, then, iftheRegistrar is satisfied, by an affidavit settingout all the relevant facts, that a correction should be made, the Registrar may delete or add, as the case requires, the names of those other inventors.
47. When an invention is made by several inventors, and one or more ofthem 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, ifthe Registraris satisfied,by an affidavit setting out th~ 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.
Procedure with re1 rd to withdrawal.
Changes of inventors' names.
Inventors not applying.
I
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When priority claimed.
Required information.
Divisional application.
Requirements or application.
Single inventive concept.
Improper application.
PART XII
Convention Priority
48. Ifa convention priority is requested in respect ofan application, that is to say, a claim ofpriority under section 21 (1) ofthe Act, it may be claimed either at the time offiling the application orat some later time before the grant ofpatent, but not thereafter.
49. When a convention priority is requested for an application, the applicant must state when and where an applicationfortheinventionwasfirstfiled,andwhatitsapplication number was.
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.
PART XIII
Divisional Applications
51. When a divisional application is filed, thepetition must identify the original application by its application number and date offiling and must identify any intermediate applications upon which divisional status is based.
52. Claims for a process, the product of that process, apparatus and means for carrying out the process, and the process ofusing the product shall be construed as relating to a single inventive concept.
53. No divisional application maybe filed after a patent has been granted in respect of the immediately preceding application upon which the divisional application is based.
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54. A properly filed divisional application may itselfbe divided after theoriginal application to which it relates hasbeen issued for patent, ifthe division is made while the divisional application is still pending.
55. In filing a divisional application, the applicant may request that the application be accorded, as its filing date, the date of any of the preceding applications from which the divisional application is derived, ifthe divisional application does not go beyond the disclosure contained in the preceding applications, otherwise its accorded filing date shall be the date on which it was actually filed.
56. When a divisional application is to be accorded the filing dateofan earlier application, the applicant may request that there be accorded to it any convention priorities, within themeaningofregulation48,applicabletotheearlierapplication andrelatingtotheinventionclaimedinthedivisional application.
PARTXIV
Patent Agents
57. The Registrar may license qualified persons who are admitted as attorneys-at-law in Belize to be patent agents for transacting business under the Act, and he shall record the names oflicensed patent agents in the register.
58.-(1) Upon proofto the Registrar's satisfaction ofthe malfeasance or incapacity of a licensed patent agent, or on the non-payment ofthe annual fee for licensing apatent agent, the Registrar shall revoke the agent's licence.
(2) Afterthe licenceofa patent agenthasbeen revoked, the Registrarmay restore the licence ifhe is satisfied that the reasons for revoking the licence in the first instance havebeen removed.
Proper division.
Accorded filing date.
Convention priority date.
Licensing of patent agents.
Revocation and restoration.
T
14 Patents [No. 92
Unlicensed agent.
Change of agents.
Correcting errors.
Providing for deficiencies.
Unpaid annual fees.
Inquiries made to the Office.
59. The Registrar shall have no dealings in respect of matters under the Act with an agent who is not licensed to act as a patent agent.
60. When an applicant under an application revokes the appointment ofan agent and, when necessary, replaces him with another agent, the applicant shall notify the Registrar of the change ofagents and send the latest address ofhis agent to the Regjstrar.
PART XV
Clerical Errors
61. A document relating to an application or patent may be corrected if the Registrar is satisfied that the document contains an error ofa clerical nature and that its correction would involve no change ofsubstance in the application or patent.
PARTXVI
General
62. Where no provision is made in the Act orthe regulations in respect ofany matter arising in the administrationofthe Act, the Registrarmaymake suchdirections in respect ofthe matter as he considers necessary.
63. When any annual fee due on a patent has not been paid, the Registrarmay inform a licensee ofthe patent ofthat fact, ifthe licensee has been recorded as such in the Office, but the Registrar is not obligated to do so.
64. The Registrarmay acknowledge inquiries made to the Office, but the Registrarneed not furnish any applicant orother
15No. 92] Patents
person with information that would require a search of the public records ofthe Office, or to provide advice on matters concerning the interpretation of the Act or regulations, or concerning other questions oflaw.
65.-(1) Subject to regulation 64, the Registrar may give Registrar's certificate.a certificate regarding any entry, matter or thing that he is
authorized or required by the Act or these regulations to make or do.
(2) A person who can show an interest in an entry, matter or thing for which he requires a certificate may, by an application in Form No. 8, request such a certificate from the Registrar, and the applicant need not disclose his interest unless required by the Registrar to do so.
66. These regulations shall come into force on the 2nd day CommencemenL of November, 2000.
MADE by the Minister responsible for Patents this 2nd day of November, 2000.
(GODFREY SMITH) Attorney General and Minister of Information
Minister responsible for Patents
Printed in Belize by the Government Printer
16 Patents [No. 92
SCHEDULE I
FEES
For filing an application for a patent ...
For the grant of a patent ...
For renewal of a patent:
before the 2nd anniversary offiling
before the 3rd anniversary offiling
before the 4th anniversary offiling
before the 5th anniversary of filing
before the 6th anniversary offiling
before the 7th anniversary offiling
before the 8th anniversary offiling
before the 9th anniversary offiling
before the 10th anniversary offiling
before the 11 th anniversary offiling
before the 12th anniversary offiling
before the 13th anniversary of filing
before the 14th anniversary of filing
before the 15th anniversary offiling
before the 16th anniversary of filing
before the 17th anniversary offiling
before the 18th anniversary offiling
before the 19th anniversary offiling
For making late payment of the annual fee
(Regulation 3)
$
300.00
300.00
200.00
300.00
400.00
500.00
600.00
700.00
800.00
900.00
1,000.00
1,100.00
1,200.00
1,300.00
1,400.00
1,500.00
1,600.00
1,700.00
1,800.00
1,900.00
100.00
No. 92} Patents 17
For preparation of an abstract under
section 7 (2) of the Act
For registration ofa contract and publication
ofreference to contract in Journal under section 37 (2)
For requesting a non-voluntary licence under
section 38 (1) (a) of the Act
For examining or making extracts or copies of
records in the register under section 7 (2) of the
Act . ..
For a copy of a patent
For a certified copy of a patent
For a statutory licence under section 38 (4)
of the Act
For registration as a patent agent
For renewal of a registration as a patent agent
For an extension of a patent
For the transfer of a statutory licence under
section 35 (8)
For requesting that the Registrar extend the time
limit for doing any thing
For recording an address for service of a
patent, or a change of address for service of a
patent or a licence
For surrender of a patent ...
For filing an application for utl lity model certificates ...
25.00
200.00
1,000.00
5.00 per page
or part
of a page
10.00
25.00
200.00
375.00
375.00perannum
200.00
200.00
50.00
50.00
50.00
300.00
18 Patents [No. 92
For conversion ofapplication under sections
22 (1) and 53 (1)
For amendment of the text or drawings
of the patent
For conversion ofapplication under
sections 22 (1) and 53 (1) ...
For amendment of the text or drawing
of the patent
For filing international application with
Office as receiving Office ...
200.00
100.00
200.00
100.00
300.00
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No. 92} Patents
SCHEDULE II (Regulation 10)
(Section 17 (2) (a) of the Act)
FORM NO. I
PETITION FOR PATENT
The grant ofa patent is requested for the following invention:
TITLE OF INVENTION
APPLICANT (S) (name(s) & address(es))
STATEMENT OF OWNERSHIP (may be filed separately)
INVENTOR(S) (name(s) & address(es))
AGENT (if any - name & address)
PRIORITY - (Identify foreign application if any of which priority is claimed)
DIVISION-ThisapplicationisadivisionofApplicationNumber ........... . (identifyoriginating application) filed .......... .
SIGNATURE
Dated -
At-
20 Patents /No. 92
(Section 17 of the Act)
FORM NO. 2
APPLICATION FOR PATENT
(Documentation Required)
PETITION (Use a separate sheet, see Form No. 1)
ABSTRACT
(section 17 (1) (e))
DESCRIPTION
(section 17 (1) (b) )
DRAWINGS
(section 17 (1) (d))
CLAIMS
(section 17 (1) (c) )
FEES
(Regulation 3)
see Schedule I
Patent No.
Date:
21No. 92] Patents
(Section 27 (4) of the Act)
FORM NC. 3
GRANT OF PATENT
The Intellectual Property Office ofBelize
WHEREAS a petition has been presented to the Registrar ofthe Intellectual Property Office praying for the grant ofa patent for a new and useful invention, the title and description ofwhich are contained in the specification attached hereto;
AND WHEREAS it has been determined that the requirements ofthe Patents Act, No. 14 of 2000, have been complied with;
NOW THEREFORE the present letters patent grant to the applicant whose ownership thereofis shown in the documents attached, and to any subsequent legal representatives ofthe applicant, all the benefits ofthe Act for a period oftwentyyears from the filing date ofthe application, subject to the conditions contained in the Act and any adjudication of the Supreme Court affecting those rights.
In testimony whereofthis document bears the seal ofthe Office affixed to it at Belmopan.
Granted this day of
in the year
Registrar
Intellectual Property Office
22 Patents [No. 91
(Section 3 7 (2) of the Act)
FORM NO. 4
APPLICATION FOR REGISTRATION OF A
LICENCE - CONTRACT
I/We 1 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
being theregisteredowner(s) ofPatent No.2 .••••.•••••..•.••••••••••••• hereby apply to register a licence-contract, (a copy ofwhich is attached) pursuant to section 37 (2) of the Act.3
Jointly submitted by the parties to the said licence-contract, being ..................................... of .......................................... and ..................................... of .......................................... and Dated this ........................ day of ............................... 20 ......... .
The Registrar Intellectual Property Office
1. Names of the parties to the licence-contract. 2. Identify Patent. 3. If a party is not a citizen or permanent resident, he must be represented by his agent in Belize (see section 61 of the Act).
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No. 91} Patents
FORM NO. 5
RECEIPT OF APPLICATION FOR REGISTRATION
Licence-Contract
BY THIS DOCUMENT it is hereby acknowledged that an application for registration ofa licence-contract identified below was made under section 37 (2) of the Patents Act, No. 14 of 2000, and that the prescribed fee has been paid.
Date ofapplication for registration:
Filed by: Respecting Patent Application No. For an invention entitled Filed by Recorded in the register on
or Patent No. For an invention entitled Granted on
Signed and sealed at .............................. .
this ...................... day of ................. .
in the year ......................................... .
Registrar
Intellectual Property Office
14 Patents [No. 91
(Section 37 (2) of the Act)
FORM NO. 6
CERTIFICATE OF REGISTRATION
Licence-Contract
BYTHIS DOCUMENT it is herebycertified that the licence-contract identified below has been registered under section 37 (2) of the Patents Act, No. 14 of 2000.
The licence-contract relates to: Patent Application No. For an invention entitled Filed by
Recorded in the register on
or Patent No. For an invention entitled Granted on To
Date ofRegistration ofLicence
Signed and sealed at ........................... .
this ................. day of....................... .
intheyear ......................................... .
Registrar
Intellectual Property Office
No. 92} Patents 25
(Section 29 of the Act)
FORM NO. 7
SURRENDER OF A PATENT
IN ACCORDANCE with section 29 of the Patents Act, No. 14 of 2000, I/We*, the undersigned owner(s) ofthe patent identified below do hereby and to the extent stated surrender our rights in the said patent.
Patent No................................................................. . Granted ....................................................................... Title ofinvention ........................................................ .
*(a) I/We surrender the whole patent
*(b) 1/Wesurrenderclaim(s)
*(a) I/We further declare that there have been no non
voluntary licences granted for said patent
*(b) A non-voluntary licence has been granted in respect
ofthepatent,butall the licenseesagree to this surrender,
as is evident from thewrittenconsentsattached hereto.
Signed at ........................................................... .
this .................... dayof...................................... ..
in the year ........................................................ .
Signature ofpatentee or agent
*Deletewhere inapplicable.