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Patents Act No. 8 of 2012.

Antigua and Barbuda
Document type
Long title
An Act to make provision for the registration of patents and for incidental and connected purposes.
Agricultural & rural development
Business/industry/corporations Certification Enforcement/compliance Intellectual property rights/patents International agreement-implementation Legal proceedings/administrative proceedings Offences/penalties Ownership Procedural matters Property rights Registration Court/tribunal
Geographical area
Americas, Caribbean, Latin America and the Caribbean, LATIN AMERICA AND THE CARIBBEAN FAO, North Atlantic, Small Island Developing States
Entry into force notes
This Act shall come into force on such date as the Minister may appoint by Order published in the Gazette.

This Act underlines that any person may make an application for a patent, either alone or jointly with another. This Act sets forth procedures and principles on the registration of patents by the Registrar in Part II; provisions on the patentable inventions, novelty, inventive step, industrial application, and matters excluded from patent protection in Part III; right to a patent, invention by employee or person commissioned, and judicial assignment of patent application or patent in Part IV; procedures and principles on the application for a patent and refusal or grant of patent in Part V; duration and maintenance of patent and the effects of registration on rights in patents in Part VI; patent or application for a patent as a personal property and joint ownership of patent in Part VII; rights of owner conferred by patent, right to continue use that begun before date of filing or priority, and prevention of indirect use of invention in Part VIII; procedures and principles of voluntary and non-voluntary licenses in Part IX; proceeding for infringement, relief for infringement of partially valid patent, certificate of contested validity of patent, proceedings for infringement by exclusive licensee, and the effects of non-registration on infringement proceedings in Part X; terms and conditions for the invalidation of patent in Part XI; qualification of invention for utility certificate, registration, duration and invalidation of utility certificate, and conversion of application for utility certificate in Part XII; implementation of international treaties in Part XIII; and general provisions such as changes in the ownership of a patent, correction of errors, extension of time, jurisdiction of court, and offences and penalties in Part XIV. Where the public interest, in particular, national security, nutrition, health, or the development of other vital sectors of the national economy so requires, the Minister may decide that, even without the agreement of the owner of the patent, a Government agency or a third person designated by the Minister may exploit the invention. The provisions of any international treaty in respect of industrial property to which Antigua and Barbuda is party shall apply to matters dealt with by this Act and, in case of conflict with the provisions of this Act, the provisions of the treaty shall prevail. The Minister may make Regulations providing for any matter which is to be prescribed under this Act, or for giving effect to the purposes of this Act.

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