Patents Laws in Belize
Belize's patent laws are governed by the Patents Act (Cap. 253), revised in 2000, which provides a comprehensive framework for the protection of inventions within the country. The Belize Intellectual Property Office (BELIPO) administers this legislation and serves as the national registry for intellectual property rights, including patents.
🔍 Key Features of Belize’s Patent Law
1. Patentable Inventions
Under the Patents Act, an invention is patentable if it is:
Novel: Not previously disclosed to the public.
Involving an Inventive Step: Not obvious to someone skilled in the field.
Industrially Applicable: Capable of being made or used in any kind of industry.(WIPO)
Certain matters are excluded from patent protection, such as inventions whose exploitation would be contrary to public order or morality .(Grain)
2. Patent Rights and Duration
A granted patent confers the exclusive right to make, use, or sell the invention in Belize for 20 years from the filing date, provided that annual maintenance fees are paid to keep the patent in force .(Wikipedia)
3. Utility Models
Belize also offers protection for utility models, which are similar to patents but typically apply to inventions with a shorter term of protection. The term for utility models in Belize is 7 years .
Individuals who, in good faith, were using or had made serious preparations to use an invention in Belize before the filing or priority date of a patent application have the right to continue such use. This right is personal and can only be transferred together with the enterprise or business in which the use or preparations were made .
5. International Treaties
Belize is a member of the World Intellectual Property Organization (WIPO) and is signatory to the Patent Cooperation Treaty (PCT). This allows applicants to file a single international patent application under the PCT, designating Belize as a contracting state, and subsequently enter the national phase in Belize .()
📝 Patent Application Process in Belize
Filing: Submit a patent application to BELIPO, which includes a request, description, claims, abstract, and drawings (if applicable).
Examination: BELIPO conducts a formal examination to ensure compliance with legal requirements.
Grant: If the application meets all criteria, the patent is granted and published in the Official Gazette.
Maintenance: Pay annual fees to maintain the patent's validity.
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