Registration of United Kingdom Patents Act (Revised 2020)

Summary

This Act establishes a mechanism for registering United Kingdom patents (including certain European Patent Office patents with UK effect) in the Virgin Islands, thereby extending UK patent rights and protections to the Territory. It sets out the application process, opposition procedure, fees, and the scope and duration of the resulting local rights.

• Who may apply: The grantee of a UK patent, or a person deriving rights from the grantee by assignment, transmission or other operation of law, may apply to register the patent in the Virgin Islands.
• Application requirements: Applications must be accompanied by a certified copy of the patent specification (and drawings, if any) and a certificate from the Comptroller General of the UK Patent Office confirming particulars of the patent's issue.
• Advertisement and opposition: The Registrar (Registrar of Companies) must advertise the application; any person may lodge a notice of opposition within a set period, on grounds equivalent to those for opposing a UK patent grant.
• Certificate and fee: If unopposed, or if opposition is decided in the applicant's favour, the Registrar issues a certificate of registration on payment of a $4.80 fee.
• Scope and duration of rights: Rights conferred by the certificate date from the UK patent's date and last only as long as the UK patent remains in force; no infringement action can be brought for acts occurring before the Territory certificate issues.
• Challenges and amendments: The Court may declare rights invalid on grounds equivalent to UK revocation grounds; amended UK specifications/drawings can be substituted on the local register; assignments or transmissions of the registered rights must also be registered.
• Rulemaking power: The Financial Services Commission may make rules governing procedure under the Act and prescribe fees for related proceedings.

The Act is administrative and procedural in nature, primarily affecting patent holders and their agents seeking to extend UK patent protection into the Virgin Islands, rather than imposing ongoing obligations on regulated financial institutions.

Key obligations

• An applicant seeking to register a UK patent in the Virgin Islands must apply within 3 years from the date of issue of the UK patent.
• Every application must be accompanied by a certified copy of the specification (and drawings, if any) and a certificate from the Comptroller General of the UK Patent Office.
• Any person opposing an application must give notice of opposition to the Registrar within 2 months from the date the application is advertised.
• A fee of $4.80 must be paid to the Territory's general revenue upon issue of a certificate of registration.
• A person acquiring registered patent rights by assignment or transmission must apply to the Registrar of Patents to have the change entered on the register.

Applies to

UK patent grantees, applicants for registration of UK patents, persons deriving rights by assignment or transmission of a UK patent, the Registrar of Companies (as Registrar under the Act), the Financial Services Commission

Deadlines

• within 3 years from the date of issue of the patent: Deadline for applying to register a UK patent in the Virgin Islands.
• within 2 months from the date of advertisement: Deadline for any person to give notice of opposition to a registration application.