Registration of United Kingdom Patents Rules (Revised Edition 2020)

Summary

This is a long-standing set of procedural rules under the Registration of United Kingdom Patents Act, governing how holders of UK patents register those patents in the Virgin Islands. It sets out the forms, documentary requirements, representation requirements, opposition process and fees for registration, amendment, assignment and renewal of a certificate of registration.

• Local representation: An applicant who does not reside in the Territory must appoint a solicitor with a Territory address to deal with the Registrar, receive notices and pay fees.
• Application form: Applications must be made by affidavit (Form A) or declaration (Form B) in Schedule 1, accompanied by a certified copy of the UK patent specification and the UK Comptroller General's certificate.
• Advertisement and opposition: The Registrar advertises the application (Form C); any person may lodge a notice of opposition with the Registrar within 2 months of the advertisement date.
• Amendments, name/address changes, assignments: Amended specifications, changes of name or address, and assignments/transmissions must be submitted through a solicitor or legal practitioner with a Territory address, supported by the relevant UK Patent Office certificate or documentation.
• Renewal: A certificate of registration may be renewed by the Registrar on application and payment of the prescribed fee.
• Fees: Schedule 2 sets fees for registration ($50), advertisement ($50), amended specifications ($35), opposition notice ($30), opposed hearings ($75), office copies ($5), change of name/address ($25), assignment/merger deposits ($40 each), searches ($10), renewal ($50), and other matters ($25).

The rules are procedural and apply to the mechanics of registering, amending, opposing, assigning and renewing UK patent registrations in the Virgin Islands rather than to financial services licensees.

Key obligations

• A non-resident applicant must appoint a solicitor with an address in the Territory to represent them before the Registrar
• Applications must contain an affidavit (Form A) or declaration (Form B) as prescribed in Schedule 1
• The applicant must endorse the solicitor's name and address on the back of the affidavit or declaration
• The affidavit or declaration must be accompanied by a certified copy of the patent specification(s) and the Comptroller General's certificate
• The notice of advertisement must be prepared by the applicant's solicitor and submitted to the Registrar with the application
• Any person opposing registration must give notice of opposition to the Registrar within 2 months of the date of the advertisement
• Amended specifications and drawings must be submitted through a solicitor with a Territory address, supported by an affidavit or declaration and the UK Comptroller General's certificate
• A change of name or address on a registered patent must be submitted with a certificate from the UK Patent Office confirming the change
• An assignment, transmission or merger of rights must be submitted for entry in the register through a legal practitioner with a Territory address
• Fees prescribed in Schedule 2 must be paid to general revenue for proceedings under these rules

Applies to

applicants for registration of United Kingdom patents, holders of United Kingdom patents, solicitors and legal practitioners representing non-resident applicants, the Registrar

Deadlines

• 2 months from the date of the advertisement: Deadline for any person to give notice to the Registrar of opposition to the issue of a certificate of registration