Patent Applications (confirmation of The Netherlands patent)
1. A simply signed power of attorney.
2. A certified copy of the Netherlands patent including the patent specification and formal drawings.
Procedure of filing up till grant in Sint Maarten:
A search for novelty purposes is obligatory and is performed by the Search Division of the Sint Maarten Patent Office or by the Search Division of the European Patent Office (in The Hague) under the payment of a search fee.
The Search Report (SR) is issued together with a Written Opinion (in English) containing a preliminary opinion in regards to the novelty and inventive step of the claims as searched. A Sint Maarten patent application will be published after 18 months from its first filing date (t2=t0+18 months). When claiming priority, the Search Report (SR) will be issued (t3) generally after the publication date (t2). In such case, the claims and description may be voluntarily amended in response to the comments of the Written Opinion within a time period of two months from the issue date of the SR. This time period may be extended once, upon request, by two months. A Sint Maarten patent will be granted on the documents on file after expiry of this time period (t4=t3+2 months (+2 months)).
The grant and publication of the patent will take place based on the set of claims originally filed or based on the set of claims filed in response to the SR. If the SR is issued more than four months before the publication date of the application (t2=t0+18 months) the claims and description may be voluntarily amended till the publication date of the application. This term is not extendible. In the case of a direct NL-filing, i.e. without claiming priority, the SR will be issued within the priority year. In that case the claims and description may be voluntarily amended till the publication date of the application (t2=t0+18 months). This term is not extendible. The requirements for amendments are the same as under Art. 123(2) of the European Patent Convention (EPC).
Sint Maarten is member to several international treaties and organizations concerning the protection of industrial property, in particular with respect to patents:
- Paris Convention for the Protection of Industrial Property (1884)
- European Patent Convention/European Patent Office (1973)
- WIPO (1975) the Patent Cooperation Treaty (1979)
- WTO (1995) the WTO-TRIPS agreement (1995)
- Agreement on a Unified Patent System and Court (UPC) (ratified 2016)
Trademark Law in Sint Maarten:
The St Maarten legislation now comprises: The St Maarten Trademark Act and The St Maarten Trademark
Decree. Existing Netherlands Antilles registrations have retained their registration numbers and have been
automatically converted to St Maarten registrations
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
After formal examination and acceptance, the Bureau will notify the agent and he can proceed to pay the registration fee, after which the trademark will be officially registered.
The processing time from first filing to registration is approximately 4-6 months. It is possible though to file through an expedited procedure if necessary.
Basis for Registration:
- Filings are handled by the Bureau for Intellectual Property St. Maarten (BIP SXM).
Paris Convention, Madrid Protocol
Categories of Trade Marks:
There are provisions for the registration of COLLECTIVE and SERVICE MARKS.
There are no provisions for the registration of CERTIFICATION, DEFENSIVE or SERIES MARKS.
The International Classification of Nice of goods and services applies.
A single application may cover any number of classes of goods and/or services.
Simply signed Power of Attorney
Priority document (if applicable) with verified English, Dutch or Spanish translation.
Five prints, except for word marks in ordinary type.