Patent Applications (Direct Filing)
1. A simply signed power of attorney.
2. Specification, claims and abstract.
3. Two sets of the formal drawings, if any.
Patent Applications (confirmation of UK patents)
1. A simply signed power of attorney.
2. A certified copy of the patent specification along with a set of the formal drawings, if any.
Patent Registration Procedure in Bermuda
1. Search for similar patents to make sure your invention is new.
2. Complete the form Application for a Patent.
3. Prepare and attach two copies of the invention’s specification. This should include:
• The title of the invention
• A detailed written description of the invention
• A claim, which explains the extent of the protection being requested
• Drawings of the new invention showing how it works. If it is three-dimensional, drawings from all angles should be provided.
4. File the patent application with the specification and pay the filing fee.
5. An official search will be made for the same or similar patents on the Register of Patents. Applications are sent to the UK IPO for a technical assessment. This will incur an additional fee depending on how much time is required.
6. Receive your search report (usually within six months) and decide whether you want to continue with your application.
7. The application will be published in the Royal Gazette (without details of the invention). There is then a two month period for anyone to file an opposition to the application.
8. If no opposition is filed, or once you successfully respond to any comments, a patent will be granted and a certificate of registration will be issued.
Another option to consider is applying for a provisional patent, which gives protection for nine months from the date of application. The provisional patent can be converted to a full application for a patent at any time during the nine months. Provisional patents are often used when the full detailed specifications of an invention are not yet available but still provide temporary protection.
The application procedure for a provisional patent is simpler: you must provide your name, address, a brief description of the invention, a provisional specification and the required fee. The provisional specification is not required to be as detailed as for a regular patent.
The patent remains in force for 16 years. You can extend that for further periods not exceeding seven years at a time.
What if a patent is already registered in the UK, or as a European patent that designates the UK?
If you have a patent that is registered in the UK, or a European Patent that designates the UK, you can register the patent in Bermuda within three years of its first registration.
No search is required, and the patent will give the same rights as any other patent registered in Bermuda. The patent will only be in force for as long as the UK or European Patent is in force, but cannot be renewed.
You can’t patent in Bermuda:
• literary, dramatic, musical or artistic works
• a way of doing business, playing a game or thinking
• a method of medical treatment or diagnosis
• a discovery, scientific theory or mathematical method
• new types of plants, seeds or animals
• the way information is presented
• some computer programs
To be granted a patent, your invention must be all of the following:
• Industrial Applicability
• Inventive Level - not just a simple modification to something that already exists
Bermuda Trademark Applications
Single-class filing system and International Classification are used (Nice classification, 11th Edition.).
Service classes are accepted.
Power of Attorney simply signed by the applicant.
No proof of use is required upon submission of the application.
Generally, registering patents and trademarks in Bermuda is a straight forward procedure which can take from 9 to 12 months to completion approximately, set out below is a step by step process for registering trademarks in Bermuda.
Trademark Registration Process
Before submitting a trademark application, a search of the trademark database needs to be conducted to check if anyone has already registered an identical or similar trade mark. Next, a Trademark Registration Form will need to be completed and submitted to the Registry General;
After, the Trademark Registration Form has been received the application details are entered into the Registry General’s database upon which an acknowledgement letter is issued to the proprietor or agent;
The application then goes to the Trade Mark Examiner for a review;
An examination report is issued within 30 days of the Registry General’s office receiving the application, the examination report provides feedback on the Trademark Registration Form;
If the examiner has no objections to the application, the application is published in the Royal Gazette; and
The opposition period is two months from the publication date of the application.
Provided there are no objections to the publication in the Royal Gazette the trade mark is registered and a certificate is issued by the Registry General.
In the event of an official action eg. a query from the Registrar in connection with an examination report, its need to be contested within 30 days.
Protection begins with the date of application. A trademark registration is valid for seven years from date of application. The registration is renewable for subsequent periods of 14 years.
Required Documentation And Information
An Authorization of Agent form executed by the owner of the mark. A suitable form is attached for your use. No notarization or authentication is required. One Authorization may be used for a single mark or multiple marks, regardless of the number of classes applied for, provided that the name and address of the proprietor is the same.
Please note that the name and address of the proprietor as shown on the Authorization will be the address entered in the Register of Trade Marks.
A faxed copy of the executed Authorization will be suitable for filing purposes, pending receipt of the original.
If a mark is a device, we will require for each application filed, either eight (8) clear representations of the mark as it will be used by the proprietor. Alternatively, if available, please provide an electronic form of the mark.
Please indicate whether the application is to be based upon use of the mark in Bermuda (minimum 3 years) or upon intended use. This information must be inserted in the application.