Saint Helena Patent Law
The Saint Helena Patents (Registration) Ordinance, Chapter No. 129
* (Ordinances 2 of 1927, 2 of 1933, 7 of 1956 and 2 of 1989)
* To apply for a patent in St. Helena is necessary to have a UK patent registration.
* Simply signed Power of Attorney (POA)
* Every application under this Ordinance shall be accompanied by two certified copies of the specification or specifications (including drawings, if any) of the United Kingdom patent and a certificate of the Comptroller-General of the United Kingdom Patent Office giving full particulars of the issue of the patent on such specification or specifications.
Saint Helena Patent Registration Procedure
* The applicant can apply within three (3) years from the date of issue of the patent in UK to have such patent registered in St. Helena.
* The patent application is filed at the Registrar of St. Helena.
* A examination for formalities purpose is performed
* The patent application is published in the Official Gazette of St. Helena for public acknowledgement only.
* There is not provision for opposition.
* The patent is granted and certificate is issued.
From filing to registration is six (6) months, approximately.
Re-registration patents expire upon the expiry of the corresponding EP (UK) parent patent
* Convention priority cannot be claimed.
Saint Helena Trademark Law
Trade Marks (Registration) Ordinance, 1949
Power of Attorney (POA) simply signed.
Certified copy of the application or certificate of registration of the trade mark in the United Kingdom (UK).
Saint Helena Trademark Registration Procedure
* An application for registration of a trade mark must be made to the Registrar Comptroller General of Patents, Designs and Trade Marks of Saint Helena.
* A trademark application in Saint Helena can be requested from 4 months of the filing date of the UK application.
* The examination is performed for formalities purpose only.
* The mark is published in the Official Gazette of Saint Helena for public acknowledgment only.
* Upon receiving an application made, the documents mentioned, and any prescribed fee, the Registrar must enter the prescribed particulars in the register and issue a certificate of registration to the applicant who then becomes the registered proprietor in St Helena of the trade mark in respect of the goods/services entered in the register.
The timeframe from filing to registration is five (5) months, approximately.
The trademark will be valid from the date of registration in the United Kingdom and continue in force, for so long as the registration in the United Kingdom remains in force in respect of the goods/services for which the trade mark is registered in St Helena.