Patents Laws in Guernsey (Crown Dependency)
Guernsey, a Crown Dependency in the Channel Islands, offers a robust framework for patent protection, primarily serving as a jurisdiction for the extension of patents granted in other regions. Here's an overview of the key aspects of Guernsey's patent laws:
🧭 Legal Framework
Patents in Guernsey are governed by the Registered Patents and Biotechnological Inventions (Bailiwick of Guernsey) Ordinance, 2009, and the Registered Patents and Biotechnological Inventions (Bailiwick of Guernsey) Regulations, 2012. These regulations establish Guernsey's patent register and outline the procedures for registering patents based on existing UK, European (EP), or other approved jurisdictions.
📄 Registration Process
Eligibility: To register a patent in Guernsey, applicants must provide a certified copy of the patent granted in the UK, EP, or another approved jurisdiction.(HSM)
Procedure: The registration process typically takes about three months or less. Once registered, the Registrar issues a Certificate of Registration. (HSM)
Paris Convention Priority: Applicants can claim priority under the Paris Convention, provided the application is filed within 12 months of the original filing date.
🌐 International Treaties
Guernsey has extended several international intellectual property treaties, including:
Patent Cooperation Treaty (PCT): Effective from 23 March 2021, PCT applications designating the UK automatically extend to Guernsey.
Paris Convention: Extended on 13 November 2020, facilitating national treatment and priority rights for patents.
💰 Annuities and Maintenance
Annual Fees: Patent holders must pay annual renewal fees to maintain their rights in Guernsey. These fees are due on the anniversary of the filing date of the underlying UK, EP, or other approved registration.
Late Payment: A six-month grace period is allowed for late payment, subject to a late fee. After this period, the patent may lapse.
⚖️ Enforcement and Revocation
Enforcement: Patent holders can enforce their rights in Guernsey's Royal Court.
Revocation: Patents may be revoked if they no longer qualify for registration, the proprietor applies for revocation, or the renewal fee is not paid.
📚 Additional Resources
Intellectual Property Office: For more information and to access the patent register, visit the
Patent Agents: A list of registered patent agents in Guernsey can be found here.
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