Patents Laws in Fiji
Fiji's patent system is governed by the Patents Act 2021, which modernized the previous Patents Act (Cap. 239) that had been in effect since 1879. The 2021 Act introduced significant reforms to align Fiji's intellectual property framework with international standards and to facilitate innovation and economic growth.
๐๏ธ Legal Framework
Patents Act 2021: This is the primary legislation governing patent protection in Fiji. It provides a comprehensive framework for the application, examination, and enforcement of patents. The Act also outlines the rights and obligations of patent holders and applicants.
Amendments: The Act has been amended over time to address emerging issues and to harmonize Fiji's patent laws with international treaties and agreements. Notably, the Patents (Amendment) Act 2002 and the Patents (Amendment) Decree 2012 introduced provisions for both national patent applications and applications to extend rights under a UK registration within three years from the date of registration in the UK.
๐ Patentability Criteria
To be patentable in Fiji, an invention must meet the following criteria:
Novelty: The invention must be new and not part of the prior art.
Inventive Step: It must involve an inventive step, meaning it is not obvious to someone skilled in the relevant field.
Industrial Applicability: The invention must be capable of being used in some kind of industry.
Certain subject matters are excluded from patentability, such as:
Scientific theories and mathematical methods.
Schemes, rules, or methods for doing business, performing purely mental acts, or playing games.
Methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
Plant varieties and animal breeds, as well as essentially biological processes for the production of plants or animals.
๐ Patent Application Process
The process for obtaining a patent in Fiji involves the following steps:
Filing an Application: Submit a patent application to the Intellectual Property Office of Fiji (IPOF).
Required Documents: The application must include:
A detailed description of the invention.
One or more claims defining the scope of protection.
Any drawings referred to in the description or claims.
An abstract summarizing the invention.
Applicantโs name, address, and nationality.
A notarized Power of Attorney.
A certified copy of the priority document, if priority is claimed.
Spanish translations of all documents.
Examination: The application undergoes a formal examination to assess its compliance with patentability criteria.(WIPO)
Granting of Patent: If the application meets all requirements, a patent is granted, and the applicant receives a Certificate of Registration.
๐ Duration and Maintenance
Term: Patents are granted for a period of 20 years from the filing date.
Annuity Payments: Annual maintenance fees are required to keep the patent in force.
Late Payment: A grace period of six months is allowed for late payment of annuities, subject to a surcharge.
Extensions: Patent term extensions may be available under specific conditions, such as delays in granting or regulatory approval.
๐ International Treaties
Fiji is a member of several international treaties that enhance the protection of intellectual property:
Paris Convention for the Protection of Industrial Property: Since 1995.
Patent Cooperation Treaty (PCT): Since 1999.
TRIPS Agreement: Since 2008.
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure: Since 2008.
International Convention for the Protection of New Varieties of Plants (UPOV): Since 1995.
These treaties facilitate international patent protection and cooperation.
RELATED Blog
0 comments