Grenada
Patents Act (Cap. 227)
-
CHAPTER 227-PATENTS ACT
- 1. Short title
- 2. Interpretation
- 3. Who may apply for apatent
- 4. Registrar of court to be registrar of Patents
- 5. Form of application to be as set forth in the First Schedule
- 6. Application to be accompanied by specification
- 7. Applications to be referred to Attorney General
- 8. Amendment of application
- 9. Time allowed for leaving complete specification
- 10. Where complete specification is left after provisional specification, both to be referred to the Attorney General
- 11. Notice of acceptance of complete specification
- 12. Attorney General may extend periods referred to in sections 10 and 16
- 13. Adverse report by Attorney General
- 14. In preparation of report Attorney General may have aid of scientific person
- 15. Notice of opposition to grant of patent
- 16. Issue of letters patent
- 17. Dating and sealing of patent
- 18. Provisional protection
- 19. Privileges of applicant after acceptance of complete specification and until date of seating of patent
- 20. Patentee may restrain infringement
- 21. Duration of patent
- 22. Application for amendment of specification
- 23. In action for infringement of patent,etc., patentee may amend specification by way of disclaimer
- 24. As to damages where amendment by way of disclaimer has been allowed
- 25. Amendment of specification to be advertised
- 26. Letters patent to be duly recorded and specifications numbered
- 27. Refusal to grant patent in certain cases
- 28. Governor General to make rules
- 29. Petition to Governor General for extension of term of patent
- 30. Patent when sealed to have effect throughout Grenada
- 31. Revocation how obtained
- 32. Procedure
- 33. Act to bind the Crown and Government
- 34. Court may order patentee to grant licences
- 35. Loss or destruction of patent
- 36. Trust not to be entered in register
- 37. Person possessed of invention dying. patentmay be granted to legal representative
- 38. Where patent granted to true inventor not invalidated
- 39. Person threatened with legal proceedings by other person claiming to be patentee may obtain injunction against continuance of threats
- 40 Every patent granted for one invention only
- 41. Patent maybe assigned or any part of Grenada
- 42. Patent deemed to be registered when name of proprietor is entered in register
- 43. Entry of assignment and transmission in register
- 44. Inspection of and extracts from register
- 45. Court may order varying of entries in register
- 46. Power of Registrar to correct clerical errors, etc,
- 47. Certificate of Registrar tobe evidence
- 48. Orders affecting the Registrar may be made by the Judge
- 49. Court may make orders impose terms, etc.
- 50. Declaration by infant person of unsound mind. etc.
- 51. Registrar to publish annually list of patents granted
- 52. Transmission of copies of specifications, etc
- 53. Declaration
- 54. Penalty on person falsely representing that article sold by him is a patent article
- 55. Attorney General may examine witnesses on oath
CHAPTER 227
AN ACT regulating the issue of patents Cap. 209-1958
[ 16th May, 1898 ]
1.. This Act may be cited as the Short title
PATENTS ACT..
Interpretation
2$ In this Act"Court" means the High Court; "invention" means any manner of new manufacture, the
subject of letters patent and grant of privilege within section 6 of the Statute of Monopolies, that is, the Act of the twenty-fIrst year of the reign of King James the First, chapter 3, entitled "An Act concerning monopolies and dispensations with penal laws and forfeiture thereof", and includes aU alleged inventions;
, 'prescribed" means prescribed by the Schedule or by rules made under the provisions of this Act, or by any other Act applicable to the case;
, 'specification' t includes all trac·ings, drawings, diagrams, and other exhibits referred to in such specification.
38 (1) Any person, whether a citizen of Grenada or a British Who may
apply for a
subject or not, may make an application for a patent. patent
(2) Two or more persons may make a joint application for a patent and a patent may be granted to them jointly. There may be included amongst those making a joint application persons who are not the inventors of the invention intended to be patented.
4. The Registrar of the Supreme Court or such other officer ~~~~tr~ ~ as the Governor-General may appoint (hereinafter called the Registrar of Registrar) shall be the Registrar of Patents, and the office of Patents
the Registrar of the Supreme Court or such other office as the Governor-General may prescribe shall be the Registry of patents to be granted under this Act (hereinafter called the Registry).
addressed.
addressed~
shall 
shaH 
p!"oceoos 
proceeds
complied
oomplied 
first application, 
first application,
specificationis
specification.is 
shall
shaH 
specification,
specification. 
Attorney
Attomey
Attorney
Attorney· 
Attomey~
Attorney
Attorney
Attorney· 
shall
shaH 
thereafter shall
there~fter shaH 
14" 
14.. 
shall
shaH 
~ate, 
date,
of those applicant,
of those 
applicant!! 
made.
made4
detennination 
determination
fonn 
form
first
fIrst 
shall 
shaH 
administrators')
administrators,) 
aU 
all
shaH 
shall
say-
say
publicationpUblication 
rig~ts 
rights
20..20" 
Thereu.pon 
Thereupon
fonowing 
following
Attomey
Attorney
shaH, 
shall,
determine
getermine 
allowede
allowed.
shaH 
shall
aHowed
allowed
specifica
specifica·
numbered
nu.mbered
shaH 
shall
this· 
this
patent,
patent.
etc.,
etc.. 
ifl 
if'a
Governor
Governor· 
~k(: 
"'MQkc
Governor
Govemor
petition
peti,tion
following grounds
fonowing grounds
Grenada-Grenada·
inv~ntor 
inventor
shall
shaH 
Govern
Govern-· 
terms-
terms
tenns,
terms,
shall
shaH 
3636... shall
shaH 
of
{)f 
shall
shaH 
representati
represem3.li
[rue 
true
~s 
as
extracts
ex.tracts 
shall,shaH, 
shall
shaH 
shall
shaH 
45c> 
4Se> 
prescribed fee
prescri~ed fee
etc,
etco
Des;laration
Declaration
specifica~
specifica
shaH 
shall
allaU 
54. (1) A person who represents that any article sold by Penalty 011
person
him is a patented article when no patent has been granted for the falsely
representing
same, shall be guilty of an offence and liable, on summary
that article
conviction, to a fine of two hundred and fifty dollars. sold by him
is a patent article
(2) A person shall be deemed, for the purposes of subsection (1), to represent that an article is patented if he sells the article with the word "patent"; "patented", or any other word or words expressing or implying that a patent has been obtained for the article, stamped, engraved, or impressed on or otherwise applied to the article.
Attorney
55,. The Attorney-General may, in connection with the duty
General may
imposed on him by this Act, examine witnesses on oath and examine
witnesses on
administer oaths for that purpose, and may from time to time oath makeralter, and rescind rules, regulating references and appeals to him and the practice and procedure before him under this Act; and in any such proceeding before him the Attorney-General may order costs to be paid by either party, and any such order may be made a rule of the Court.
