PCT Patents And National Patent Application in Saint Lucia:
There is only possible to file Applications in the national phase PCT in Saint Lucia. At present Saint Lucia is not in a position to register national patents, because although the Patents Act has been passed, the Regulations which would give effect to the Act have not been passed.
However, since there is a time limit for filing applications in the national phase PCT, our Registry of Companies and Intellectual Property has been accepting requests for entry into the national phase. The time limit is 20 months after the filing of the international application or where the applicant chooses to ask for an international preliminary examination report, the applicant has 30 months to commence the national procedure. The request is not presently required to be in any particular form. When the request is submitted it will be stamped so that for the purposes of any time limit the date can be verified when the Act becomes effective.
The following would be required:-
1. Original Patent Request Form
2. Published PCT International Application with Search Report
3. Written Opinion
4. Response to Written Opinion
5. International Preliminary Examination Report
6. Assignment (if applicable). This document must be certified by a notary
7. Notarized Power of Attorney
The documents that you will send to us will be submitted to the Registrar together with a cover letter from our office and Power of Attorney.
Regarding the written opinion, a competent authority (most times a scientific one) MUST first review the patent application, that is, the applicant’s claim to have developed an invention; that invention must be tested by the competent authority, which will give its opinion in writing on whether or not the claims to the invention are true and correct. “Response to Written Opinion” is where the inventor(s) are answering questions/queries raised by the Opinion Writer.
Trademark Applications :
Multi-class filing system and International Classification are used. Service classes are accepted.
1. Power of Attorney signed by the applicant before a Notary Public.
Trademark Registration Process in Saint Lucia :
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The application for registration of a trade mark involves the filing of application Form 1, an Power of attorney notarized, Publication in the official Gazette and the issuance of the Certificate. We would complete and sign Form 1 using the information provided by the client. POA require notarization and the completion of a notarial certificate if the applicant is a company and does not possess a seal/stamp.
The entire process takes from 6 to 9 months as the application is first assessed by the Registry before filing, then it is published in the Gazette, after which there is a delay of 5 months to allow for any objections and after a further month the Certificate is issued.