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638.   Opposition to grant of patent

Revised Laws of Saint Lucia (2021)

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638.   Opposition to grant of patent

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    (1)   Any person may at any time within 2 months from the date of the advertisement of the acceptance of a complete specification give notice to the Registrar of opposition to the grant of the patent on any of the following grounds—

    1.  

      (a)      that the applicant obtained the invention from him or her, or from a person of whom he or she is the legal representative; or

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      (b)      that the invention has been claimed in any complete specification for a patent which is or will be of prior date to the patent the grant of which is opposed, other than a specification deposited pursuant to an application made more than 50 years before the date of the application for such last-mentioned patent; or

    1.  

      (c)      that the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the complete specification; or

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      (d)      that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention forms the subject of an application made by the opponent in the interval between the leaving of the provisional specification and the leaving of the complete specification,

but on no other ground.

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    (2)   Where such notice is given, the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of those 2 months, after hearing the applicant and the opponent, if desirous of being heard, decide on the case.

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    (3)   The decision of the Registrar shall be subject to appeal to the Crown Attorney who shall, if required, hear the applicant and the opponent, if the opponent is, in his or her opinion, a person entitled to be heard in opposition to the grant of the patent, and shall decide the case; and the Crown Attorney may if he or she thinks fit, obtain the assistance of an expert, who shall be paid such remuneration as the Crown Attorney with the consent of the Governor General may determine.

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