A Guide to Investing in Trinidad and Tobago (2011) - Ministry of ...

Requirements for Registration
• An English translation of the patent.
• An Authorisation of Agent document appointing
a firm to act on one’s behalf. There is no need for
this document to be legalised or notarised.
• A Statutory Declaration, justifying the Applicant’s
rights to the patent, executed by the Applicant
and duly notarised.
• A certified copy of the Assignment from the inventor
to the applicant if they are not the same
person. The IPO requires stamp duty to be paid
on this instrument, and as such there should be
at least nominal consideration within the instrument.
For stamp duty purposes we recommend
that the original Assignment not be brought into
Trinidad and Tobago.
78 A Guide to Investing in Trinidad and Tobago (2011)
How do I apply for a patent in Trinidad and
Tobago?
1. The request for the grant of a patent shall be
made on Form No. 1 and shall be signed by each
applicant unless represented by an attorney-atlaw,
in which case the attorney-at-law may sign
the request. (See Rule 9, The Patents Rules,
1996).
2. If the applicant is represented by an attorneyat-law,
the request shall so indicate and state
the attorney-at-law’s name and address. An authorization
of agent may be submitted with the
request or three (3) months after the date of application.
3. The request shall be accompanied by a description
of the invention, claims, abstract and any
drawings forming a part of the patent applica-
tion. (See Rules 10-14, The Patent Rules, 1996).
4. The application and any accompanying statements
or documents shall be filed in triplicate,
but the Controller may require the applicant to
supply additional copies. (See Rule 16, The Patent
Rules, 1996).
5. The patent application shall be accompanied by
the application fee of $2,000.00. Fees are payable
by manager’s cheque to The Controller, Intellectual
Property Office or may be paid at any
District Revenue Office with a deposit voucher
from the Intellectual Property Office.
6. In the case of applications entering the National
Phase Chapter I or II under the Patent Cooperation
Treaty (PCT), entry can be effected by the
agent submitting a letter stating that his client
wishes to enter the National Phase in Trinidad
and Tobago together with the application fee.
The request Form No. 1 and all other documents
may be submitted after national entry.
7. Copies of The Patents Act, Rules and Regulations,
1996 are available at The Government
Printery, Victoria Avenue, Port of Spain.
International Priority Patents can also be filed under
the Patent Co-operation Treaty system. The time limit
for entry into the national phase in Trinidad and Tobago
is thirty one (31) months of the priority date of the
international application, or thirty (30) months if an International
preliminary Examination is not requested.
The term of a patent is twenty (20) years from the filing
date. A prescribed annuity fee is payable each year
thereafter to maintain the validity of the patent. Applicants
residing outside of Trinidad and Tobago must
be represented by an attorney-at-law, registered, residing
and having a place of business in Trinidad and
Tobago.
Industrial Designs
Industrial property protection in Trinidad and Tobago
protects original or novel industrial designs which
must be registered at the Intellectual Property Office.