caipo.gov.bb Patent Application/ Petition Barbados : Corporate Affairs & Intellectual Property Office

Organization : Corporate Affairs & Intellectual Property Office
Type of Facility : Patent Application/ Petition
Country: Barbados

Website : http://www.caipo.gov.bb/site/index.php?option=com_content&view=article&id=69&Itemid=87

Patent Application/ Petition :

A patent is a monopoly right that provides you (the patentee) with the exclusive use of your invention for 15 years with a right to renew it for a further period of 5 years. It is a valuable business asset that can be bought, sold, transferred or licensed like any other property.

Related : Corporate Affairs & Intellectual Property Office Trade Mark Registration Barbados : www.statusin.org/7260.html

Do I have to patent my invention?:
No. You are not legally required to patent your invention before you use it. You may decide that it is better to keep your invention secret and not publish the details. There are however, benefits from gaining patent protection. If your invention is protected by a patent:
** you have exclusive rights to use and license your invention
** you can take legal action against anyone who tries to use your invention without your consent
** you will deter or discourage others from infringing your intellectual property.

What can be patented?:
A patent may be granted for:
** a new product
** the manufacture of a new product
** an improvement to an existing product or process
** a new method or process relating to the testing or control of an existing manufacturing process *
** new chemical compounds or compositions
** biotechnological matter
** electrical devices and circuits
** computer technology

The scope of patents is large and the above list is by no means exhaustive.

Can all inventions be patented?:
No. Not all inventions will qualify for a patent. Your invention must meet certain criteria to be patentable. It must: *
** be industrially applicable, ie. able to be made or used in some kind of industry *
** contain an inventive element or be ‘non-obvious’, ie. your invention cannot be a product or process already known, nor can it be two or more products or processes put together with no new effect
** be new or novel

If your invention has already been used, displayed or otherwise made available in Barbados or if it has been described in any public document (eg. an overseas patent document available in Barbados, a scientific journal or similar) you will not be able to patent it.

Searching patent information:

Patent documents are an invaluable reference for the inventor or developer. Patents contain information on the latest innovations and are a critical resource when assessing the originality of an invention.

Before you apply for a patent it is advisable to determine whether or not a similar invention has already been developed or published. Checking overseas patents available in Barbados as well as Barbados patents, can alert you to the possibility that your invention may infringe someone else’s patent, should you try to use or continue developing it. As well as searching existing and previous patents, you should make a point of searching any relevant journals, magazines or textbooks. They may reveal a similar invention.

The Patent Petition:
A patent application is called a Petition (see Forms) and is a detailed description of your invention.

The Petition should contain enough technical details about how your invention works, to enable a competent technician to put it into effect.

Detailed drawings of the invention are often required to represent it properly. Your Petition must end with a “claim” or “claims” that define the scope of your invention.

A patent is granted on the basis of these claims and they define the monopoly you are granted. It is important, therefore, to ensure your claims are worded carefully.

Can I sell or license my patent?:
Yes. A patent is a valuable business asset and you can sell or license it like any other property. A Licence-Contract must be in writing, signed by the parties to the contract and registered at the Corporate Affairs and Intellectual Property Office.

Licence-Contracts must be in the English language or if it is in a foreign language, a certified copy of a translation duly endorsed by the agent must be submitted with an application for registration. For legal advice, we recommend you contact a patent attorney or a lawyer familiar with patent law.

Where can I get more information?:
All matters dealt with on this website are handled in more detail by officers at the Corporate Affairs and Intellectual Property Office, Keith Bourne Complex, Belmont Road, St. Michael. Tel: 438-4818/9 or Fax: 437-3072