Revised Laws of Saint Lucia (2021)

TITLE 10
PATENTS, DESIGNS, AND TRADE MARKS

PART 1
PATENTS

CHAPTER 1
APPLICATION FOR AND GRANT OF PATENT

628.   Application

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    (1)   An application for a patent for an invention may be made by any of the following persons, that is to say—

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      (a)      by any person claiming to be the true and first inventor of the invention;

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      (b)      by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application,

and may be made by that person either alone or jointly with any other person.

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    (2)   An application for a patent may be made under paragraph (1) of this article by the personal representative of any deceased person who, immediately before his or her death, was entitled to make an application.

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    (3)   Every application for a patent shall be made in the prescribed form and shall be filed at the Patent Office in the prescribed manner.

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    (4)   If the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application or within such period as may be prescribed after the filing of the application a declaration, signed by the person claiming to be the true and first inventor or his or her personal representative, stating that he or she assents to the making of the application.

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    (5)   Every application shall state that the applicant is in possession of the invention and shall name the person claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes him or her to be true and first inventor.

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    (6)   A declaration required by this article may be either a statutory declaration or not, as may be prescribed.