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belipo.bz Electronic Filing of Patent Applications Belize : Intellectual Property Office

Organization : Belize Intellectual Property Office
Type of Facility : Electronic Filing of Patent Applications
Country: Belize

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Website : http://www.belipo.bz/patents/
Apply Here : http://www.belipo.bz/online-services/electronic-filing/

Electronic Filing of Patent Applications :

A patent is the exclusive right to make, use, or sell an invention for a specified period of time. It is the legal title granted to protect an invention.

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Related : Belize Intellectual Property Office Electronic Filing of Trademark Applications : www.statusin.org/9361.html

An invention is a product or process that provides a new way of doing a particular thing, or provides a new technical solution to a problem. The following are examples of patents –

What Are The Benefits Of A Patent?:
The main benefit of a patent is that it gives the owner of the patent the exclusive right to the patent. The patent protects a patent owner from the commercial exploitation of his or her invention without the patent owner’s consent. The patent owner may authorize others to exploit his or her invention by granting a patent licence. The patent owner can also enforce his or her patent rights in the Supreme Court of Belize. Another benefit of a patent lies in the fact that it facilitates the exchange of technical information contained in patent documents between the countries concerned and also within the scientific community concerned, that is, the inventors and industry working in the relevant field.

Are There Any Special Conditions That An Invention Must Fulfill?:
A patent may be granted only for an invention which satisfies the following conditions :
(a) The invention must be new – it must never have been made public in any way, anywhere in the world, before the date on which the patent application is filed. It must not be known to the body of existing knowledge (prior art) in its relevant technical field.
(b) The invention must involve an inventive step – it must not be obvious to a person with a good knowledge and experience of the subject, when compared with what is already known.
(c) The invention must be capable of industrial application – it must be capable of being made or used in some kind of industry.

d) An invention is not patentable if it is :
(i) a discovery;
(ii) a scientific theory or mathematical method;
(iii) an aesthetic creation such as a literary, dramatic or artistic work;
(iv) a scheme or method for performing a mental act, playing a game or doing business;
(v) the presentation of information, or a computer program;
(vi) a method of treatment for the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body;
(vii) a new animal or plant variety.

How Do I Apply For A Grant Of A Patent (Including Divisional Patent)?:
You apply for a grant of a patent (including divisional patent) :
(a) by filing the following forms and documents :
(i) Petition for a Patent (Form No. 1 of Schedule II to the Patents Regulations, CAP. 253S) (A Patent Cooperation Treaty (PCT) national phase applicant may file the application without submitting a petition). The petition shall contain a request for the invention and shall also contain the name of and other prescribed information relating to the applicant, the inventor, and agent (if any), and the title of the invention;
(ii) Specification (description, claims and abstract) and Drawings (if necessary) (A PCT national phase applicant may file the application without submitting copies of the relevant specification, drawings (if necessary), international search report, and international preliminary report on patentability – A.I. No. 2 of 2004/Arts. 20, 36 and Rule 47 of PCT).
(iii) Application for an Address for Service (Form No. 2A of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). This form is not required by an applicant for a divisional patent. The instructions for completing this form are listed in the footnotes to the form;
(iv) Power of Attorney (Form No. 2B of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney. This form is not required by an applicant for a divisional patent; AND

(b) by paying the following patent application fees :
(i) BZ$300.00 – fee for filing an application for a patent;
(ii) BZ$300.00 – fee for the grant of a patent;
(iii) BZ$250.00 – fee for publication of a grant of a patent;
(iv) BZ$50.00 – fee for recording an address for service of a patent. This fee does not apply to an applicant for a divisional patent.

How Do I Apply For Withdrawal Of A Patent Application?:
You apply for withdrawal of a patent application :
(a) by filing the following form :
Withdrawal (Form No. 2C of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees :
(i) BZ$50.00 – fee for withdrawal of application;
(ii) BZ$100.00 – fee for publication of the notice of withdrawal of application in the Intellectual Property Journal.

How Do I Surrender A Patent?:
You surrender a patent :
(a) by filing the following forms :
(i) Surrender (Form No. 7 of Schedule II to the Patents Regulations, CAP. 253S);
(ii) Application for an Address for Service (Form No. 2A of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form;
(iii) Power of Attorney (Form No. 2B of Schedule II to the Patents (General Procedures) Administrative Instructions, 8 2005). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney. The instructions for completing this form are listed in the footnotes to the form; AND

(b) by paying the following fees –
(i) BZ$50.00 – fee for surrender of patent registration;
(ii) BZ$100.00 – fee for publication of the notice of surrender of patent registration in the Intellectual Property Journal;
(iii) BZ$50.00 – fee for application for address for service.

How Do I Apply For Restoration Or Re-Registration Of A Patent?:
You apply for restoration or re-registration of a patent :
(a) by filing the following forms :
(i) Petition for Restoration of Patent (Form No. 11 of Schedule II to the Patents Regulations, CAP. 253S);
(ii) Application for an Address for Service (Form No. 2A of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form;
(iii) Power of Attorney (Form No. 2B of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney.; AND

(b) by paying the following patent fees :
(i) BZ$600.00 – fee for restoration of patent (plus any outstanding annuities and late fees);
(ii) BZ$100.00 – fee for publication of the notice of restoration in the Intellectual Property Journal;
(iii) BZ$50.00 – fee for recording an address for service of a patent.

How Do I Oppose The Surrender Or Restoration Of A Patent?:
You oppose the surrender or restoration of a patent :
(a) by filing the following forms :
(i) Notice of Opposition to Application for Surrender of a Patent (Form No. 7A of Schedule to the Patents (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an opponent to an application for surrender of a patent. The instructions for completing this form are listed in the footnotes to the form. This form shall be submitted in duplicate; OR
(ii) Notice of Opposition to Petition for Restoration of a Patent (Form No. 12 of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an opponent to a petition for restoration of a patent. The instructions for completing this form are listed in the footnotes to the form. This form shall be submitted in duplicate; AND
(iii) Application for an Address for Service (Form No. 2A of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). The instructions for completing this form are listed in the footnotes to the form; AND
(iv) Power of Attorney (Form No. 2B of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). This form is only required for an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney; AND

(b) by paying the following fees :
(i) BZ$100.00 – fee for submitting a notice of opposition to an application for surrender or restoration of a patent;
(ii) BZ$100.00 – fee for publication of the notice of opposition in the Intellectual Property Journal;
(iii) BZ$50.00 – fee for application for address for service.

How Do I Answer A Notice Of Opposition To A Surrender Or Restoration Of A Patent?:
You answer a notice of opposition for surrender or restoration of a patent :
(a) by filing the following forms :
(i) Form of Answer to Opposition (Surrender of Patent) (Form No. 7B of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for surrender of a patent. This form shall be submitted in duplicate; OR
(ii) Form of Answer to Opposition (Restoration of Patent) (Form No. 13 of Schedule II to the Patents (General Procedures) Administrative Instructions, 2005). This form shall only be completed by an applicant for restoration of a patent. This form shall be submitted in duplicate; AND

(b) by paying the following fees :
(i) BZ$100.00 – fee for submitting an answer to a notice of opposition;
(ii) BZ$100.00 – fee for publication of an answer to a notice of opposition in the Intellectual Property Journal.

Language/Filing By Fax/Fee Deadline::
** All documents for filing shall be in English. Where a different language is used the documents shall be accompanied by an English translation.
** Filing by fax is acceptable on condition that the original copies are received within 30 days of filing date.
** Time limit for payment of national application fees – within 30 days of filing date. In the case of a Patent Cooperation Treaty (PCT) international application entering national phase in Belize, the applicant shall pay the patent application fees before the expiration of thirty months from the priority date.

What Are The Timelines For Processing Patent Applications?:
** issue filing date stamp for patent applications meeting filing requirements within 1 week from date of receipt of application
** issue confirmation of national entry for PCT applications meeting entry requirements within 1 week from date of receipt of application
** first substantive examination action within 30 months from date of receipt(including all known objections to of application patentability)/notice of patent grant within 2 months for patent applications that satisfy patentablility requirements
** issue a patent registration certificate within 30 months from date of receipt ofapplication within 2 months for patent applications that satisfy patentability requirements

You can contact BELIPO through the following :
Belize Intellectual Property Office (BELIPO)
Habet Building (2nd Floor)
P.O. Box 592
Constitution Drive
Belmopan, Belize

Phone: 501-822-1381/822-2073
Fax: 501-822-1382
E-mail: belipo@btl.net / belipobz@lycos.com / info@belipo.bz

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