Patents (Fees) Regulations (Revised 2013)

Summary

This is a fee schedule made under section 48 of the Patents Act, setting out the specific fees payable for each step of the patent application, grant, renewal and administration process in the Virgin Islands. It does not create new substantive patent rights or procedures; it only fixes the amounts payable for matters already provided for elsewhere in patent legislation.

• Application fees: Fees for filing an application with a provisional specification only ($24.00) or with a complete specification ($48.00), and for filing a complete specification after a provisional one ($24.00).
• Examination and publication: Examiner's fees on reference of provisional or complete specifications ($15.12 each), and fees for Gazette advertisement or publication ($2.00).
• Grant and renewal: Fee on sealing Letters Patent ($48.00), fees before expiration of 4 and 7 years ($192.00 and $384.00), or alternatively annual renewal fees for the 4th through 13th years ranging from $38.40 to $76.80.
• Other administrative fees: Fees for amended specifications, notices of opposition, extensions of time, disclaimers, office copies, certified copies, searches, assignments/licences affecting proprietorship, duplicate patents, and an annual $5.04 licence fee for patent agents.

The regulation applies to anyone dealing with the Patents Registry, including patent applicants, patent holders, and patent agents, who must pay the applicable fee for each listed matter or action.

Key obligations

• Applicants and patent holders must pay the specified fee for each patent-related action (application, examination, sealing, renewal, amendment, opposition, etc.) as set out in the Schedule.
• Patent holders choosing the annual renewal option must pay the applicable annual fee before the expiration of each specified year of the patent (4th through 13th year) to keep the patent in force.
• Patent agents must pay an annual licence fee of $5.04.

Applies to

patent applicants, patent holders, patent agents

Deadlines

• before the expiration of 4 years from the date of the patent: Fee of $192.00 payable (or start of annual fee option) to keep patent in force
• before the expiration of 7 years from the date of the patent: Further fee of $384.00 payable to keep patent in force
• annually, before expiration of the 4th through 13th year from the date of the patent: Alternative annual renewal fees (ranging $38.40 to $76.80) payable in lieu of the 4 year/7 year lump sum fees