Patents Laws in Grenada
Grenada's patent law is governed by the Patents Act (Chapter 227) and the Registration of United Kingdom Patents Act (Chapter 283). The Corporate Affairs and Intellectual Property Office (CAIPO) serves as the national authority for patent registration and administration .
Key Features of Grenada's Patent System
1. Types of Patents
Local Patents: Granted for inventions developed within Grenada.
PCT National Phase Applications: International applications entering Grenada under the Patent Cooperation Treaty.
Re-Registration Patents: Patents granted in the United Kingdom can be re-registered in Grenada within three years of the UK grant .
2. Duration of Protection
Local Patents: Valid for 14 years from the filing date.
PCT and Re-Registration Patents: Valid for 20 years from the international filing date or the corresponding UK patent filing date .
3. Filing Requirements
For Local Patents:
Completed application form.
Detailed description of the invention.
One or more claims.
Any necessary drawings.
Abstract summarizing the invention.
Power of attorney (notarized or bearing company seal).
Certified copy of priority document if claiming priority.
PCT application if applicable .
For UK Re-Registration Patents:
Application for registration.
Any relevant drawings.
Certified copy of the UK patent extract.
Certificate from the UK Intellectual Property Office.
Power of attorney (notarized or bearing company seal) .
4. Examination Process
Upon submission, the Registrar refers the application to the Attorney-General to verify:
Proper description of the invention.
Compliance of application, specification, and drawings with prescribed standards.
Adequacy of the invention's title .
5. Annual Maintenance Fees
Patent holders must pay annual fees starting from the second year after the filing date to maintain the validity of the patent .
6. Patent Infringement and Enforcement
Patent owners can initiate legal actions for infringement, including civil suits and, in some cases, criminal proceedings. The law also allows for ex parte preliminary injunctions to prevent ongoing infringements .
Recent Developments
The Government of Grenada is in the process of updating the Patents Act to enhance protection for local innovators. This initiative aligns with regional efforts to strengthen the legal and regulatory framework of the Organisation of Eastern Caribbean States (OECS) through collaboration with the World Intellectual Property Organization (WIPO) .
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