Dominica

LAWS OF DOMINICA

REGISTRATION OF UNITED KINGDOM PATENTS ACT

CHAPTER 78:45

Act 90fl925

Amended by 4 of 1934

190fl939 4 of 1957 1 of 1973

20 of 1977 12 of 1990

Current Authorised Pages Pages Authorised

(inclusive) by L.R.O.

1-12 111991

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LAWS OF DOMINICA

Registration ofUnited Kingdom Chap. 78:45 Patents

Index of

Subsidiary Legislation

Registration of United Kingdom Patents Rules

Page

7

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LAWS OF DOMINICA

Registration ofUnited Kingdom Patents Chap. 78:45

CHAPTER 78:45

REGISTRATION OF UNITED KINGDOM PATENTS ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title. 2. Interpretation. 3. Application for registration. 4. Certificate to accompany application. S. Formalities before issue of certificate of registration. 6. Rights on grant of certificate. 7. Commencement and duration of rights. 8. Powers of Court over rights conferred by certificate of regis­

tration. 9. Substitution ofamended specification and drawings for those

originally filed. 10. Registration of assignment or transmission. 11. Rules.

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LAWS OF DOMINICA

Registration ofUnited Kingdom Chap. 78:45 Patents

1961 Ed. Cap. 325. 9 of 1925.

Commencement.

Short title.

Interpretation.

Application for registration.

Certificate to accompany application.

Fonnalities before issue of certificate of registration. [1 of 1973 200fl977}.

Ch.78:4O.

CHAPTER 78:45

REGISTRATION OF UNITED KINGDOM PATENTS ACT

AN ACT relating to patents granted in the United Kingdom.

[23rd April 1925]

1. This Act may be cited as the ­

REGISTRATION OF UNITED KINGDOM PATENTS ACT.

2. In this Act ­

"Court" means High Court;

"Registrar" means the Registrar of the High Court.

3. Any person being the grantee ofa patent in the United Kingdom or any person deriving his right from the grantee by assignment. transmission or other operation of law may apply within three years from the date of issue of the patent to have the patent registered in the State. Where any partial assignment or transmission has been made. all proper parties shall be joined in the application for registration.

4. Every application under this Act shall be accompanied by a certifiedcopyofthe specificationorspecifications (including drawings. ifany) ofthe United Kingdom patentand a certificateofthe Comptroller General ofthe United Kingdom Patent Office giving full particulars of the issue of the patent on the specification or specifications.

5. (1) Upon the application being received. together with the documents mentioned in section 4. the Registrar shall advertise the application in such manner as may be prescribed. and any person may at any time within two months from the date of the advertisement give notice to the Registrar of opposition to the issue of a certificate of registration upon any of the grounds prescribed by section 10 of the Patents Act, for opposition to the grant of letters patent.

(2) Where notice of opposition is given within the prescribed time. the Registrar shall transmit a copy ofthe notice to the applicant and after hearing both parties. ifdesirous ofbeing heard. shall decide on the

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LAWS OF DOMINICA

Registration ofUnited Kingdom Patents Chap. 78:45

(3) If there is no opposition or, in the case of opposition, if the decision of the Registrar is in favour of the issue of the certificate of registration, the Registrar shall issue acertificate ofregistration, and for the certificate there shall be paid to the credit of the general revenue a fee of fifty dollars.

6. The certificate of registration shall confer on the applicant Rights on grant of privileges and rights subject to all conditions established by the law of ~;:~;90J. the State as though the patent had been issued in the State.

7. Privileges and rights so granted shall date from the date of the Commencement patent in the United Kingdom and shall continue in force only so long :~!~ration of as the patent remains in force in the United Kingdom: Provided that no action for infringementshallbeentertainedin respectofany manufacture, use or sale of the invention priorto the date ofissue ofthe certificate of registration in the State.

8. (1) The Court shall have power upon the application of any Powe~ of Court person who alleges that his interests have been prejudicially affected by =e~"t, the issue of a certificate of registration, to declare that the exclusive cenificate:r privileges and rights conferred by the certificate ofregistration have not registration. been acquired on any of the grounds upon which the United Kingdom patent might be revoked under the law in force in the United Kingdom on 2nd November 1978.

(2) The grounds shall be deemed to include the manufacture, use or sale of the invention in the State before the priority date applicable to the patent in the United Kingdom, but not to include the manufacture, use or sale ofthe invention in the State by some person or persons after the priority date applicable to the patent in the United Kingdom andbefore the date ofthe issueofthecertificateofregistration under section 6.

For the purposes of this subsection 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 (United 12.13 & 14 Kingdom). Geo.6 e:87.

9. Wherever the specification or drawings of a United Kingdom Substitution of patent registered in the State has been amended by way of disclaimer, amended

specification and correction orexplanation, according to the law ofthe United Kingdom, drawings for a r uest accom ani va CODV of the soecification and drawing. (if those on.inallY

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LAWS OF DOMINICA

Registration ofUnited Kingdom Chap. 78:45 Patents

Registration of assigmnent or transmission.

Rules.

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 flied.

10. 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 may make application in the prescribed manner to the Registrar of patents for the entryon the registerofthe assignment, transmission orotherinstrument affecting the title or giving an interest therein.

11. The Registrar may make such general Rules and do such things as he may think expedient, subject to the provisions of this Act, for regulating procedure under this Act, and for prescribing the fees to be paid in respect of proceedings under this Act.

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LAWS OF DOMINICA

Registration ofUnited Kingdom Patents Chap. 78:45

Registralion o/United KingdomPaJenls Rules [SubsidiaryJ

SUBSIDIARY LEGISLATION

REGISTRATION OF UNITED KINGDOM PATENTS RULES

ARRANGEMENT OF RULES

RULE

1. Short title. 2. A solicitor to represent non-resident applicants. 3. Fonn of application. 4. Endorsement of solicitor's name. 5. Specification and United Kingdom's certificate. 6. Execution of affidavits, etc. 7. Power of solicitor. 8. Fonn of advertisement. 9. Preparation of advertisement.

10. Amended specifications and drawings. 11. Assignment, etc. 12. Fees.

FIRST SCHEDULE. SECOND SCHEDULE.

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LAWS OF DOMINICA

Registration ofUnited Kingdom Chap. 78:45 Patents

[SubsidiaryI

14/1927. [12 of 1990].

Commencement.

Short title.

A solicitor to represent noo­ resident applicants.

Fonn of application. First Schedule. FonnA. FonnB.

Endorsement of solicitor's name.

Specification and United King­ dom's certificate.

Execution of affidavits, etc. [12 of 1990].

Registration ofUnited Kingdom PalenlS Rules

SUBSIDIARY LEGISLATION

REGISTRATION OF UNITED KINGDOM PATENTS RULES

made under section 11

[22nd September 1927]

1. These Rules may be cited as the ­

REGISTRATION OF THE UNllED KINGDOM PAlENTS RULES.

2. Where the applicant does not reside in Dominica, a solicitor of the High Court with an address in Dominica shall be appointed to attend upon the Registrar, receive notices and other communications, and pay all fees in respect of any application.

3. Application for registration shall contain an affidavit or a declaration in Form A or Form B respectively of the First Schedule.

4. On the back of the affidavit or declaration the applicant shall endorse thename and address ofthe solicitorforthe receptionofnotices and other communications and payment of fees in respect of the application.

5. The affidavit or declaration shall be accompanied by the certi­ fied copy of the specification or specifications (including drawings, if any) ofthe patent and the relative certificate ofthe ComptrollerGeneral of the United Kingdom Patent Office, which are to be marked with the attesting officer's signature.

6. Affidavits or declarations may be sworn or declared ­

(a) in the United Kingdom, before any Justice of the Peace, or any Commissioner or other officer authorised by law to administer anoath forthe purpose ofany legal proceedings;

(b) in any other part of the Commonwealth, before any Court, Judge, Justice of the Peace, or any officer authorised by law to administer an oath for the purpose of any legal proceed­

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LAWS OF DOMINICA

Registration ofUnited Kingdom Patents Chap. 78:45

Registration ofUnited Kingdom Patents Rules [Subsidiary]

(c) ifmade in a foreign country, before a Dominica diplomatic agent or a Dominica consular officer, or before a Notary Public or before a Judge or Magistrate.

Statutory declarations under the Statutory Declarations Act may be used in the United Kingdom or at a British Embassy or Consulate; elsewhere ao affidavit shall be used.

7. All communications to theRegistrar, otherthao those mentioned Power of in the foregoing rules. may be signed by and all attendaoces upon the solicitor. Registrar may be made by or through a solicitor of the High Court of Dominica.

8. Advertisement of application by the Registrar shall be in Form Form of advenisemenl.

C of the First Schedule. First Schedule. Fonn C.

9. The notice ofadvertisement shall be preparedby the applicaot' s Prepar~tion of solicitor aod submitted to the Registrar with the application. advertlSemenL

10. Where aoapplicaot desires to substitute amended specifications Am~nded . c th . . all til d h hall . th .th specoficalOOns andaod drawmgs lor ose ongm y e e s traosmlt e request WI drawings.

the certificate ofthe ComptrollerGeneralofthe United Kingdom Patent Office supported by ao affidavit or declaration as to the rights through a solicitor with an address in Dominica.

11. Where a person by assignment. traosmission or other operation Assignment, etc. of law has become entitled to the privileges aod rights conferred by a certificate of registration he shall traosmit for entry in the register the assignment or other document showing his title or interest through a solicitor with ao address in Dominica.

12. The fees to be paid to general revenue aod to solicitors in respect Fees. ofproceedings under the Act are set out in the Second Schedule hereto. Second Schedule.

LAWS OF DOMINICA

Registration ofUnited Kingdom 10 Chap. 78:45 Patents [Subsidiary]

Rules 3,8.

Registration ofUnited Kingdom Patents Rules

FIRST SCHEDULE

FORMA

APPLICATION FOR REGISTRATION

United Kingdom Patents

AFFIDAVIT

I, ............................of ...................... make oath and say as follows: I am the grantee (or the assignee or as the case may be) of the United Kingdom Patent No............issuedon the.............day of................. , 19...... Iam inpossession of the invention therein described, and the same is not in use by any other person or persons to the bestof my knowledge, information and belief; and I humbly pray that a certificate of registration in Dominica may be granted to me.

Sworn at ...................................... this ............ day of ............. 19.... before me.

FORMB

APPLICATION FOR REGISTRATION

United Kingdom Patents

DECLARATION

I, ........................... of .......................... do solemnly and sincerely declare that I am the grantee (or the assignee or as the case may be) ofthe United Kingdom Patent No............... issued on the ................... day of ................., 19....., that I am in possession ofthe invention therein described, and that the same is not in use by any other person or persons to the best of my knowledge, information andbelief; and I humbly pray that acertificateofregistration in Dominicamay be granted to me.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act.

Subscribed and declared at ...................... this................... day of ..................., 19.... before me.

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LAWS OF DOMINICA

Registration ofUnited Kingdom Patents Chap. 78:45

RegistraJion ofUnited Kingdom Patents Rules [Subsidiary1

FORMC

NOTICE

DOMINICA

The Registration ojUnited Kingdom Patents Act

NOTICE IS HEREBY GIVEN that ................................ have applied for reg­ istration in Dominica of United Kingdom Patent No....................dated the ................... day of ......................, 19......, and issued on the .............. day of ..............., 19......, and have filed in the Registrar's Office at the Court House, Roseau, Dominica, a complete copy ofthe specifications and the certificateof the Comptroller General of the United Kingdom Patent Office giving full particulars of this patent which will be open to public inspection at the said office at any time between the hours of 10.00 a.m. and 4.00 p.m. on working days.

Any person may within two months from the date of this advertisement give notice to the Registrar ofopposition to the issue ofa certificateofregistration upon any of the grounds prescribed in section 10 of the Patents Act, for opposition to the grant of Letters Patent.

Dated the ...............day of ....................., 19.....

ChiejRegistrar.

Registrar's Office, Court House, Roseau, Dominica.

LAWS OF DOMINICA

12 [SubsidiaryI

Chap. 78:45 Registration ofUnited Kingdom

Patents Registration ofUnited Kingdom PateNs Rules

Rule 12. SECOND SCHEDULE

1. Fees to be paid to general revenue in addition to the fee offifty dollars for a certificate of registration.

For advertisement of application $ 50.00 On filing every amended or substituted specification 50.00 On notice of opposition to grant of certificate of registration 100.00 On hearing of every opposed application 50.00 For every office copy, per folio of seventy-two words 2.50 On deposit ofevery assignment or document affecting title 50.00 On every search 12.00 For every matter or thing not above provided 25.00

2. Fees payable to solicitors.

In respect of each application 50.00 For registering assignments, etc. 50.00 Copying any document, per folio of seventy-two words 1.00 On opposition such fees as the Registrar may allow on

taxation as between solicitor and client.