Patents Laws in Vanuatu
Here’s an overview of patent laws in Vanuatu as of 2025:
Patent Laws in Vanuatu
1. Legal Framework
Vanuatu’s patent law is governed by the Patents Act No. 15 of 1997.
The law provides the basis for patent protection within the country.
Vanuatu is also a member of the World Intellectual Property Organization (WIPO) but not a member of the Patent Cooperation Treaty (PCT).
2. Patentability
Patents are granted for inventions that are:
New
Involve an inventive step
Are industrially applicable
Certain exclusions apply, such as:
Discoveries, scientific theories, and mathematical methods
Aesthetic creations, schemes, rules or methods for performing mental acts, playing games, or doing business
Plant and animal varieties (may have special protection)
Inventions contrary to public order or morality
3. Patent Application Process
Applications are filed with the Intellectual Property Office of Vanuatu.
The process includes:
Formal examination for compliance with application requirements
Substantive examination may be limited or not required (depending on local practice)
Patent applications are published, and third parties may oppose.
4. Patent Duration
Patents are granted for a term of 20 years from the filing date, subject to annual renewal fees.
5. Rights Conferred
Patent holders have exclusive rights to prevent others from making, using, selling, or importing the patented invention without consent.
Rights may be licensed or assigned.
6. Enforcement
Enforcement of patent rights is handled through the Vanuatu courts.
Remedies include injunctions and damages for infringement.
7. International Considerations
Vanuatu is not a PCT contracting state, so international patent applications must be filed separately in Vanuatu.
However, as a WIPO member, Vanuatu benefits from international cooperation on IP.
Summary Table:
| Aspect | Details |
|---|---|
| Governing Law | Patents Act No. 15 of 1997 |
| Patentable Subject Matter | New, inventive, industrially applicable inventions |
| Patent Duration | 20 years from filing date |
| Patent Office | Intellectual Property Office of Vanuatu |
| International Treaties | WIPO member (not PCT member) |
| Enforcement | Vanuatu courts |
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