Patents (Public Officers) Regulations (S.R.O. (L.I.) 15/1933) (Revised 2013)

Summary

This is a 1933 statutory instrument (revised 2013) that sets out how the British Virgin Islands Government deals with inventions made by its own public officers during their employment. It establishes who controls the resulting patent rights, how officers may seek provisional protection, and how any award or share of commercial proceeds is determined.

• Provisional protection: An officer who makes an invention may (or, if the Governor requires, must) lodge an application for provisional protection with the Registrar of Patents and send a copy to the Governor through the head of department; the Governor decides whether the invention is secret.
• Control decision: The Governor decides whether the officer or the Government will hold controlling rights in the patent; until decided, all rights are held in trust for the Government.
• If officer retains control: The officer bears patenting costs, the Governor may attach conditions (e.g. royalty free government use or a share of proceeds), and the officer may apply to the Awards Committee for an award.
• If Government takes control: The officer must assign all rights to the Government, the Government bears patenting costs, and the Governor decides whether the officer gets a share of commercial proceeds; the officer may still apply for an award.
• Awards Committee: A committee chaired by a judicial or legal officer (appointed by the Governor) investigates and recommends on awards and shares of proceeds; officers may appear before it at their own expense.
• Revision and appeal: Decisions on awards or proceeds may be revised if circumstances materially change (though a paid award cannot be reduced), and officers retain rights of appeal to the Secretary of State under Colonial Regulations.

The regulations are narrow and procedural, applying only to inventions made by Government employees in the course of their public service, not to private businesses or licensed financial institutions.

Key obligations

• An officer who makes an invention must lodge an application for provisional protection with the Registrar of Patents at the Government's expense if the Governor so requires
• An officer must send a copy of any patent application to the Governor through the head of his or her department
• If the Governor decides the Government shall have controlling rights, the officer must assign all rights in the invention to the Government
• An officer wishing an award or share of proceeds must apply to the Awards Committee through the head of department

Applies to

public officers in Government employment