CHAPTER 253
PATENTS REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I
PART II
PART III
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Paper requirements. Page requirements. Language of documents.
PART IV
Title. Words of title.
PART V
Abstract. Content of description. Completeness. Additions. Identification. Measurements.
PART VI
Drawing requirements. Photographs. No drawing in text. Fold, breaks, etc.. Explanation of drawings.
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PART VII
PART VIII
PART IX
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PART X
45. Procedure with regard to withdrawal.
PART XI
PART XII
PART XIII
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60. Change of agents.
PART XIV
61. Correcting errors.
PART XV
SCHEDULE II
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2 of 2002. Ch. 253.
Short title.
Interpretation.
Fees. Schedule I.
Currency.
(Section 68)
[5th January, 2002.]
1. These Regulations may be cited as the
2. In these Regulations, unless the context otherwise requires—applicant“ means a person for whom an application is made; —application“ means an application for a patent; —Office“ means the Intellectual Property Office.
PART II FEES
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PART III
10. (1) In submitting a document to the Office for any purpose, the person submitting the document must use the form set out in Schedule II that is appropriate for the purpose, but the form may be modified in such manner as is
Excess fee.
Fee refund.
Refund of advance fee.
Payment of fees.
Cheques.
Form required. Schedule II.
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Replacing
documents.
Schedule II.
Paper requirements.
Page requirements.
Language of documents.
necessary in the circumstances.
(2) In submitting a document to the Office, one copy only of the document need be submitted.
13. (1) The pages of documents, other than drawings, must be numbered consecutively, preferably at the top of the page.
(2) Page margins must be at least 2 centimetres.
(3) Except for drawings, pages must be typed or printed, preferably with one and a half spacing or double spacing.
14. An application must be in English.
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PART IV
PART V
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(e) set forth at length, in terms of examples when appropriate, and with reference to the drawings, if any, the best mode contemplated by the applicant for carrying out the invention; and | |
(f) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable and the way in which it can be made and used or, if it can only be used, the way in which it can be used. | |
(2) The manner and order specified in this provision in respect of a description must be followed in all descriptions of inventions except when, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more practical presentation. | |
Completeness. | 19. A description in an application must be complete and not depend on any document not available to the public when the application was filed and must, without reference to other applications mentioned in the description, be sufficient to support the claims made in the application. |
Additions. | 20. No matter contained in a document referred to in a description in an application and not available to the public when the application was filed may be added to the description after the application is filed. |
Identification. | 21. A document referred to in a description in an application must be fully identified. |
Measurements. | 22. Units of weights and measures in a description must be expressed in the metric system. |
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Patents | [CAP. 253 | 15 | ||
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PART VI | ||||
DRAWINGS | ||||
23. | All drawings in an application must satisfy the following requirements(a) the drawings are to be on white paper or other material suitable for reproduction; | Drawing requirements. | ||
(b) | the sheets of drawings are to be the same size as those used for the description in the application; | |||
(c) | the drawings are to be prepared with durable dark lines suitable for reproduction; | |||
(d) | the drawings are to be on a scale sufficiently large to show the invention clearly; | |||
(e) | the drawings are to appear on only one side of the sheet; | |||
(f) | figures in the drawings are to be numbered consecutively without regard to the number of sheets in the drawings and so far as possible the figures are to be arranged in numerical order; | |||
(g) | the figures are to be identified and explained in the description; | |||
(h) | figures in the drawings can be continued on subsequent sheets if necessary or several figures can appear on the same page; | |||
(i) | the drawings are to be identified with the name of |
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Photographs.
No drawing in text.
Folds, breaks, etc.
Explanation of drawings.
Claims limited in number.
Numbering.
Dependent claims.
the applicant or inventor; and
(j) the drawings are not to contain textual matter other than that needed to identify parts.
PART VII CLAIMS
(2) A dependent claim must refer by number to the claim upon which it depends.
(3) A dependent claim may refer by number to not more than
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three preceding claims and any claim so referred to must not itself refer by number to more than one other claim.
PART VIII
31. (1) Applications, correspondence related to any application, and all communications intended for the Office shall be mailed to or deposited at the Office.
(2) When communicating with the Office about an application, patent or licence, the correspondent shall identify the application, patent or licence clearly and give such information as the date of filing, kind of invention, name of applicant, patentee or licensee and registration number.
Communicating with Office.
Mode of communication.
Communication from Office.
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Multiple applicants.
Limited correspondents.
Address and presumptions.
Address for service.
Patent agent.
Service on
agent.
34. When, in respect of an application, there is more than one applicant, correspondence shall be conducted
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service is recorded in respect of the patentee.
PART IX
Filing time.
Replacement of correspondence.
Interruptions of mail.
Fixing time limits.
Changing time limits.
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Procedure with regard to withdrawal.
Changes of
inventors‘
names.
Inventors not applying.
PART X
45. When an application that is filed by joint applicants is being proceeded with by one of the joint applicants, it may not be withdrawn under section 17
(9) of the Act without the written permission of all the other joint applicants; and, if the application is in any danger, under section 28 (5) of the Act, of being deemed to have been withdrawn, the Registrar shall notify all joint applicants at the latest addresses provided him for the joint applicants.
PART XI
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PART XII
PART XIII
When priority claimed.
Required information.
Divisional application.
Requirements of application.
Single inventive concept.
Improper application.
Proper division.
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Accorded filing date.
Convention
priority date.
Licensing of patent agents.
Revocation and restoration.
Unlicensed agent.
original application to which it relates has been issued for patent, if the division is made while the divisional application is still pending.
PART XIV
(2) After the licence of a patent agent has been revoked, the Registrar may restore the licence if he is satisfied that the reasons for revoking the licence in the first instance have been removed.
59. The Registrar shall have no dealings in respect of matters under the Act with an agent who is not licensed to act as a patent agent.
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60. When an applicant under an application revokes the appointment of an agent and, when necessary, replaces him with another agent, the applicant shall notify the Registrar of the change of agents and send the latest address of his agent to the Registrar.
PART XV
61. A document relating to an application or patent may be corrected if the Registrar is satisfied that the document contains an error of a clerical nature and that its correction would involve no change of substance in the application or patent.
PART XVI
Change of agents.
Correcting
errors.
Providing for deficiences.
Unpaid annual fees.
Inquiries made to the Office.
Registrar‘s
certificate.
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Repeal of S.I. No. 92 of 2001.
Commencement.
or these Regulations to make or do.
(2) A person who can show an interest in an entry, matter or thing for which he requires a certificate may, by an application in Form No. 8, request such a certificate from the Registrar, and the applicant need not disclose his interest unless required by the Registrar to do so.
MADE by the Minister responsible for Patents this 27th day of December, 2001.
Attorney General and Minister responsible for Patents
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SCHEDULE I | ||
[Regulation 3] | ||
FEES | ||
$ | ||
For filing an application for a patent | ... | 300.00 |
For the grant of a patent | ... | 300.00 |
For publication of a grant of a patent | ... | (according to |
advertisement rates) | ||
On application for a change to | ||
application for registration of a patent | ... | 50.00 |
For renewal of a patent: | ||
before the 2nd anniversary of filing | ... | 200.00 |
before the 3rd anniversary of filing | ... | 300.00 |
before the 4th anniversary of filing | ... | 400.00 |
before the 5th anniversary of filing | … | 500.00 |
before the 6th anniversary of filing | ... | 600.00 |
before the 7th anniversary of filing | ... | 700.00 |
before the 8th anniversary of filing | ... | 800.00 |
before the 9th anniversary of filing | ... | 900.00 |
before the 10th anniversary of filing | ... | 1,000.00 |
before the 11th anniversary of filing | … | 1,100.00 |
before the 12th anniversary of filing | ... | 1,200.00 |
before the 13th anniversary of filing | ... | 1,300.00 |
before the 14th anniversary of filing | ... | 1,400.00 |
before the 15th anniversary of filing | … | 1,500.00 |
before the 16th anniversary of filing | … | 1,600.00 |
before the 17th anniversary of filing | … | 1,700.00 |
before the 18th anniversary of filing | … | 1,800.00 |
before the 19th anniversary of filing | … | 1,900.00 |
For making late payment of the annual fee | ... | 100.00 |
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For preparation of an abstract under | ||
section 7 (2) of the Act | ... | 25.00 |
For recognizing the transfer of an | ||
application for a patent under section 31 | ||
of the Act | ... | 25.00 |
For registration of a contract and publication | ||
of reference to contract in Journal under | ||
section 37 (2) of the Act | ... | 200.00 |
For transfer of a voluntary licence | ... | 200.00 |
For requesting a non-voluntary licence under | ||
section 38 (1) of the Act | ... | 1,000.00 |
For examining or making extracts or | ||
copies of records in the register | ||
under section 7 (2) of the Act | ... | 5.00 per page |
or part of a page | ||
For a copy of a patent or any other document | ... | 10.00 |
For a certified copy of a patent or | ||
any other document | ... | 25.00 |
For a statutory licence under section 38 | ||
of the Act | ... | 200.00 |
For the transfer of a statutory licence under | ||
section 35 (8) of the Act | ... | 200.00 |
For requesting that the Registrar extend the | ||
time limit for doing any thing | ... | 50.00 |
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For recording an address for service of a patent, or a change of address for service of a patent or a licence | ... | 50.00 |
For surrender of a patent | ... | 50.00 |
For transferring registration of a patent | ... | 50.00 |
On application for approval of the transfer of a patent | ... | 50.00 |
For filing an application for utility model certificates | ... | 300.00 |
For conversion of application under section 22 (1) or 53 (1) | ... | 200.00 |
For amendment of the text or drawing of the patent | ... | 100.00 |
For filing international application with Office as receiving Office | ... | 300.00 |
________ |
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[Regulation 10] (Section 17 (2) (a) of the Act)
FORM NO. 1 PETITION FOR PATENT
The grant of a patent is requested for the following invention: TITLE OF INVENTION
APPLICANT (S) (name(s) & address(es) STATEMENT OF OWNERSHIP
(may be filed separately)
INVENTOR(S) (name(s) & address(es) AGENT
(if any - name & address) PRIORITY - (Identify foreign application if any of which priority is claimed) DIVISION -This application is a division of Application Number ............
(identify originating application) filed .............. SIGNATURE Dated At
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(Section 17 of the Act)
APPLICATION FOR PATENT (Documentation Required)
PETITION (Use a separate sheet, see Form No. 1) ABSTRACT (section 17 (1) (e))
DESCRIPTION
(section 17 (1) (b)) DRAWINGS (section 17 (1) (d))
CLAIMS
(section 17 (1) (c)) FEES (Regulation 3) see Schedule I
Patent No. Date:
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(Section 27 (4) of the Act)
FORM 3
PATENTS ACT
CHAPTER 253 (SECTION 27-(4)) FORM NO. 3
CERTIFICATE OF GRANT OF A PATENT
WHEREAS,1 (hereinafter called —the Applicant“), has filed and presented to the Registrar of the Intellectual Property Office, through its Agent2, a petition praying for the grant in Belize of a patent for an invention for 3which invention is new, involves an inventive step and is capable of industrial application, as more fully set out in the abstract, claims and drawings which have been filed with the Registrar of Intellectual Property;
AND WHEREAS, after carrying out an examination as provided in section 26 of the Patents Act, it has been determined that the provisions of the Patents Act and Regulations made thereunder have been complied with by the Applicant;
NOW THEREFORE, these present letters patent grant unto the Applicant whose ownership thereof is shown in the documents attached hereto, and to any subsequent legal representatives of the Applicant, all the benefits of the Patents Act for a period of twenty years from the4, subject to the conditions contained in the Patents Act and Regulations made thereunder and to any adjudication of the Supreme Court of Judicature affecting those rights.
IN TESTIMONY WHEREOF this document bears the seal of the Intellectual Property Office affixed to it at Belmopan, Belize.
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GRANTED this5 .
Registrar of Intellectual Property
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(Section 37 (2) of the Act)
FORM NO. 4
I/We1 ......................................................................................................... .................................................................................................................. being the registered owner(s) of Patent No.2 ...........................hereby apply to register a licence-contract, (a copy of which is attached) pursuant to section 37 (2) of the Act.
Jointly submitted by the parties to the said licence-contract, being
...............................................of ........................................................ and ...............................................of ........................................................
Dated this .............................. day of ................................... 20 ............
The Registrar Intellectual Property Office
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FORM NO. 5
Licence-Contract
BY THIS DOCUMENT it is hereby acknowledged that an application for registration of a licence-contract identified below was made under section 37
(2) of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000, and that the prescribed fee has been paid. Date of application for registration: Filed by: Respecting Patent Application No. For an invention entitled Filed by Recorded in the register on or Patent No.
For an invention entitled Granted on
Signed and sealed at .................................. this ............ day of .................................... in the year .................................................
Registrar Intellectual Property Office
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(Section 37 (2) of the Act)
FORM NO. 6 CERTIFICATE OF REGISTRATION
Licence-Contract
BY THIS DOCUMENT it is hereby certified that the licence-contract identified below has been registered under section 37 (2) of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000.
The licence-contract relates to: Patent Application No. For an invention entitled Filed by
Recorded in the register on
or Patent No. For an invention entitled Granted on To
Date of Registration of Licence
Signed and sealed at .............................................. this ............. day of ............................................... in the year .............................................................
Registrar Intellectual Property Office
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(Section 29 of the Act)
FORM NO. 7
IN ACCORDANCE with section 29 of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000, I/We*, the undersigned owner(s) of the patent identified below do hereby and to the extent stated surrender our rights in the said patent.
Patent No. .................................................................................................. Granted ...................................................................................................... Title of invention ..........................................................................................
*(a) I/We surrender the whole patent
*(b) I/We surrender claim(s)
*(a) I/We further declare that there have been no non-voluntary licences granted for said patent
*(b) A non-voluntary licence has been granted in respect of the patent, but all the licensees agree to this surrender, as is evident from the written consents attached hereto.
Signed at .......................................................................................... this ............. day of .......................................................................... in the year .......................................................................................
............................................. Signature of patentee or agent
*Delete where inapplicable.
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(Regulation 65(2))
FORM NO. 8
REQUEST FOR CERTIFICATE OF THE REGISTRAR IN RELATION TO AN ENTRY, MATTER OR THING
I/WE ........................................................................................................ ................................................................................................................. hereby request the Registrar to furnish me (us) with2 ................................................................................................................. .................................................................................................................
Dated this .................. day of ..................................., 20 ............
3
...................................................................................................
4
...................................................................................................
TO: Registrar Intellectual Property Office Belmopan
Note:
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