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660A.   Registration of united kingdom patents

Revised Laws of Saint Lucia (2021)

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CHAPTER 6A
REGISTRATION OF UNITED KINGDOM PATENTS

660A.   Registration of united kingdom patents

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    (1)   Any person being the grantee of a patent in the United Kingdom or any person deriving his or her right from such grantee by assignment, transmission or other operation of law may apply within 3 years from the date of issue of the patent to have such patent registered in Saint Lucia. Where any partial assignment or transmission has been made, all proper parties shall be joined in the application for registration.

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    (2)   Every application under this article shall be accompanied by a certified copy (or 2 certified copies, if desired) of the specification or specifications (including drawings, if any) of the United Kingdom patent and a certificate of the Comptroller General of the United Kingdom Patent Office giving full particulars of the issue of the patent on such specification or specifications.

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    (3)   Upon such application being received together with the documents mentioned in paragraph (2) of this article the Registrar of Patents shall issue a Certificate of Registration.

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    (4)   A Certificate of Registration shall confer on the applicant privileges and rights subject to all conditions established by the law of Saint Lucia as though the patent had been issued in the United Kingdom with an extension to Saint Lucia.

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    (5)   Privileges and rights so granted shall date from the date of the patent in the United Kingdom and shall continue in force only so long as the patent remains in force in the United Kingdom.

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    Provided that no action for infringement shall be entertained in respect of any manufacture, use or sale of the inventions prior to the date of issue of the Certificate of Registration in Saint Lucia.

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    (6)   (a)   The Supreme Court shall have power upon the application of any person who alleges that his or her interests have been prejudicially affected by the issue of a Certificate of Registration, to declare that the exclusive privileges and rights conferred by such Certificate of Registration have not been acquired on any of the grounds upon which the United Kingdom patent might be revoked under the law for the time being in force in the United Kingdom.

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    (b)   Such grounds shall be deemed to include the manufacture, use or sale of the invention in Saint Lucia before the priority date applicable to the patent in the United Kingdom, but not to include the manufacture, use or sale of the invention in Saint Lucia by some person or persons after the priority date applicable to the patent in the United Kingdom and before the date of the issue of the Certificate of Registration under paragragh (3) of this article.

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    For the purposes of this subparagraph the expression “priority date” in its application to a patent in the United Kingdom has the meaning assigned to it in section 5 of the Patents Act, 1949.

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    (7)   Whenever the specification or drawings of a United Kingdom patent registered in Saint Lucia has been amended by way of disclaimer, correction or explanation, according to the law of the United Kingdom, a request, accompanied by a copy of the specification and drawings (if any) as amended, duly certified by the Comptroller General of the United Kingdom Patent Office, may be made to the Registrar to substitute a copy of the specification and drawings as amended for the specification and drawings originally filed.

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    (8)   Where a person becomes entitled by assignment, transmission or other operation of law to the privileges and rights conferred by a Certificate of Registration or to any interest therein, he or she may make application in the prescribed manner to the Registrar of Patents for the entry on the register of such assignment, transmission, or other instrument affecting the title, or giving an interest therein.

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    (9)   Cabinet may make such general rules and do such things as it may think expedient, subject to the provisions of this article, for regulating procedure under this article, and for prescribing the fees to be paid in respect o proceedings under this article.

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