Patents Regulations, Belize

PRELIMINARY

1. Short title.
2. Interpretation.

PART II

FEES

1. Fees.
2. Currency.
3. Excess fee.
4. Fee refund.
5. Refund of advance fee.
6. Payment of fees.
7. Cheques.

PART III

10.

Form required.

1. Replacing documents.

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Paper requirements. Page requirements. Language of documents.

TITLE OF INVENTION

Title. Words of title.

PART V

ABSTRACT OF INVENTION

Abstract. Content of description. Completeness. Additions. Identification. Measurements.

PART VI

DRAWINGS

Drawing requirements. Photographs. No drawing in text. Fold, breaks, etc.. Explanation of drawings.

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PART VII

CLAIMS

1. Claims limited in number.
2. Numbering.
3. Dependent claims.

PART VIII

CORRESPONDENCE

1. Communicating with Office.
2. Mode of communication.
3. Communication from Office.
4. Multiple applicants.
5. Limited correspondents.
6. Address and presumption.
7. Address for service.
8. Patent agent.
9. Service on agent.

PART IX

TIME LIMITS

40.

Filing time.

1. Replacement of correspondence.

42.

Interruptions of mail.

43.

Fixing time limits.

44.

Changing time limits.

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JOINT APPLICANTS

45. Procedure with regard to withdrawal.

PART XI

JOINT INVENTORS

1. Changes of inventors‘ names.
2. Inventors not applying.

PART XII

CONVENTION PRIORITY

1. When priority claimed.
2. Required information.
3. Divisional application.
4. Requirements of application.
5. Single inventive concept.
6. Improper application.
7. Proper division.
8. Accorded filing date.
9. Convention priority.

PART XIII

PATENT AGENTS

1. Licensing of patent agents.
2. Revocation and restoration.
3. Unlicensed agent.

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60. Change of agents.

PART XIV

CLERICAL ERRORS

61. Correcting errors.

PART XV

GENERAL

1. Providing for deficiencies.
2. Unpaid annual fees.
3. Inquiries made to the Office.
4. Registrar‘s certificate.
5. Repeal of S. I. No. 92 of 2001.
6. Commencement.

SCHEDULE I

SCHEDULE II

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CHAPTER 253 PATENTS REGULATIONS

(Section 68)

[5th January, 2002.]

PART I PRELIMINARY

1. These Regulations may be cited as the

PATENTS REGULATIONS.

2. In these Regulations, unless the context otherwise requires—applicant“ means a person for whom an application is made; —application“ means an application for a patent; —Office“ means the Intellectual Property Office.

PART II FEES

1. The fees to be paid under the Act and these Regulations are those fixed in Schedule I.
2. Payments shallbe made in Belizean currency, but the equivalent amount in a foreign currency that is convertible in Belize may be accepted.

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1. When a fee paid by a person to the Registrar for any purpose exceeds the fee fixed by these Regulations for that purpose bymore than $10, the person who paid the fee is entitled to be refunded the amount of excess less $10.
2. When a fee is paid to the Registrar by any person by mistake, for an application that is withdrawn before it is given an application number, or for a service that cannot be provided, the person who paid the fee is entitled to a refund of the fee less $25, if he claims the refund within one year of the payment of the fee.
3. When a person pays a fee in advance for the grant of a patent, renewal of a patent or for any other purpose, he is entitled to a refund of that fee, less $15, if he decides not to proceed with the application for the patent, renewal or other matter to the stage where the fee would be required.
1. (1) Fees that are paid by cheque, bank draft or money order shall be forwarded to the Registrar and made payable to him.
2. (2) Fees may be paid by cash at the Office.
4. A payment of a fee by cheque may be accepted by the Registrar as being a payment of the fee when the cheque is received by him, but if the cheque is not paid when presented to the bank on which it is drawn and not made good within such time as the Registrar may fix, the acceptance of the fee is revoked and any thing done pursuant to the payment is void and, if appropriate, shall be so recorded in the Register.

PART III

FORMS

10. (1) In submitting a document to the Office for any purpose, the person submitting the document must use the form set out in Schedule II that is appropriate for the purpose, but the form may be modified in such manner as is

Excess fee.

Fee refund.

Refund of advance fee.

Payment of fees.

Cheques.

Form required. Schedule II.

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Replacing

documents.

Schedule II.

Paper requirements.

Page requirements.

Language of documents.

necessary in the circumstances.

(2) In submitting a document to the Office, one copy only of the document need be submitted.

1. If a document that is submitted to the Office differs significantly from the form in Schedule II intended to be used for the purpose of the submission, the Registrar may require that the document be replaced, within a time fixed by the Registrar, by one that conforms to the document required by Schedule II to be used for the purpose.
2. (1) All applications, notices, statements, papers having representations affixed, or other documents authorized or required by the Act or these Regulations to be made, left with or sent to the Registrar must be on strong, durable white paper and, except in the case of statutory documents and affidavits, must be written on one side of the paper only.

(2)

Each sheet of paper, other than drawings, must have its short sides at the top and bottom of the sheet.

(3)

Each sheet of paper must be of the same size and on A-4 paper or such other size as the Registrar may permit.

13. (1) The pages of documents, other than drawings, must be numbered consecutively, preferably at the top of the page.

(2) Page margins must be at least 2 centimetres.

(3) Except for drawings, pages must be typed or printed, preferably with one and a half spacing or double spacing.

14. An application must be in English.

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PART IV

TITLE OF INVENTION

1. The title of an invention given in an application must be short and indicate Title. the subject matter to which the invention relates.
2. The title of an invention must not include any trade mark, coined word Words of title. or personal name.

PART V

ABSTRACT OF INVENTION

1. The abstract of an invention must be a brief summary of the invention Abstract. being disclosed, indicating its main features and use and the manner in which the invention differs from other inventions.
1. (1) The description of an invention must state the title of the invention Content of as it appears in the petition for the patent and must-^description.
1. specify the technical field to which the invention relates;
2. indicate the background art that, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention;
3. disclose the invention in such terms that it can be understood, and state its advantageous effects, if any, with reference to the background art;
4. briefly describe the figures in any drawings;

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Photographs.

No drawing in text.

Folds, breaks, etc.

Explanation of drawings.

Claims limited in number.

Numbering.

Dependent claims.

the applicant or inventor; and

(j) the drawings are not to contain textual matter other than that needed to identify parts.

1. Photographs may be used instead of drawings in an application if the photographs clearly illustrate the invention and can be readily reproduced.
2. No drawings or sketches shall be placed in the textual part of a disclosure in an application except to show graphic chemical formulas, mathematical formulas, symbols or equations.
3. Drawings in an application must be free of such folds, breaks or creases as render them unsuitable for reproduction.
4. The description in the application shall briefly explain the drawings in the application.

PART VII CLAIMS

1. No more claims shall be permitted in an application than are necessary to adequately protect the invention disclosed in the application.
2. Claims must be numbered consecutively.
3. (1) Claims may be made dependent upon preceding claims in order to add features to what is claimed in the preceding claims.

(2) A dependent claim must refer by number to the claim upon which it depends.

(3) A dependent claim may refer by number to not more than

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three preceding claims and any claim so referred to must not itself refer by number to more than one other claim.

PART VIII

CORRESPONDENCE

31. (1) Applications, correspondence related to any application, and all communications intended for the Office shall be mailed to or deposited at the Office.

(2) When communicating with the Office about an application, patent or licence, the correspondent shall identify the application, patent or licence clearly and give such information as the date of filing, kind of invention, name of applicant, patentee or licensee and registration number.

1. Applications shall be proceeded with, and other communication with the Office effected, by written correspondence and, unless the Registrar for good reason decides otherwise, no regard need be given to any other mode of communication with the Office.
1. All correspondence from the Office to an applicant shall be sent
1. to the patent agent of the applicant if one has been appointed in Belize;
2. if no patent agent has been appointed in Belize, to the address for service of the applicant in Belize; or
3. to the applicant, if no patent agent has been appointed in Belize to represent the applicant and the applicant has no address for service filed in the Office.

Communicating with Office.

Mode of communication.

Communication from Office.

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Multiple applicants.

Limited correspondents.

Address and presumptions.

Address for service.

Patent agent.

Service on

agent.

34. When, in respect of an application, there is more than one applicant, correspondence shall be conducted

(a)

with the patent agent who has been named to represent all the applicants;

(b)

with the applicant resident in Belize who has been nominated to represent all the applicants, if no patent agent has been appointed; or

(c)

with the first applicant named in the application, if there has been neither an agent appointed nor an applicant resident in Belize nominated to represent the applicants.

1. The Office shall, in accordance with Regulations 33 and 34, conduct correspondence on an application with only one person.
2. A person who corresponds with the Office shall provide his full postal address, and any correspondence sent by the Office to that person at the address so provided shall be deemed to be sent on the date that the records of the Office show it to have been sent.
3. A patentee, licensee and applicant for a licence must maintain an address for service in Belize and send, with the prescribed fee, notice of that address to the Registrar for recording in the register.
4. When an application is filed for an applicant by an agent who is admitted to practise as a patent agent in Belize, the agent is the representative of the applicant until such time as another agent is appointed.
5. When a patent agent has been appointed to represent an applicant in respect of an application, the address of the agent is the address for service of the patentee after the patent is granted until such time as another address for

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service is recorded in respect of the patentee.

PART IX

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Procedure with regard to withdrawal.

Changes of

inventors‘

names.

Inventors not applying.

JOINT APPLICANTS

45. When an application that is filed by joint applicants is being proceeded with by one of the joint applicants, it may not be withdrawn under section 17

(9) of the Act without the written permission of all the other joint applicants; and, if the application is in any danger, under section 28 (5) of the Act, of being deemed to have been withdrawn, the Registrar shall notify all joint applicants at the latest addresses provided him for the joint applicants.

PART XI

JOINT INVENTORS

1. When, after an application has been filed, it appears that the names of one or more inventors were improperly included in or omitted from the application, then, if the Registrar is satisfied, by an affidavit setting out all the relevant facts, that a correction should be made, the Registrar may delete or add, as the case requires, the names of those other inventors.
2. When an invention is made by several inventors, and one or more of them refuses to make an application in respect of the invention, or the whereabouts of one or more of the inventors cannot be ascertained after a diligent inquiry, the other inventors may make an application in respect of that invention; and, if the Registrar is satisfied, by an affidavit setting out the relevant facts, that the inventors missing from the application either refuse to make application or cannot be located, the inventors making the application are entitled to be granted a patent if all other requirements of the Act and these Regulations are complied with.

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PART XII

CONVENTION PRIORITY

1. If a convention priority is requested in respect of an application, that is to say, a claim of priority under section 21(1) of the Act, it may be claimed either at the time of filing the application or at some later time before the grant of patent, but not thereafter.
2. When a convention priority is requested for an application, the applicant must state when and where an application for the invention was first filed, and what its application number was.
3. If a convention priority is sought for a divisional application, it must be requested separately from any request made with respect to the original application.

PART XIII

DIVISIONAL APPLICATIONS

1. When a divisional application is filed, the petition must identify the original application by its application number and date of filing and must identify any intermediate applications upon which divisional status is based.
2. Claims for a process, the product of that process, apparatus and means for carrying out the process, and the process of using the product shall be construed as relating to a single inventive concept.
3. No divisional application may be filed after a patent has been granted in respect of the immediately preceding application upon which the divisional application is based.
4. A properly filed divisional application may itself be divided after the

When priority claimed.

Required information.

Divisional application.

Requirements of application.

Single inventive concept.

Improper application.

Proper division.

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Accorded filing date.

Convention

priority date.

Licensing of patent agents.

Revocation and restoration.

Unlicensed agent.

original application to which it relates has been issued for patent, if the division is made while the divisional application is still pending.

1. In filing a divisional application, the applicant may request that the application be accorded, as its filing date, the date of any of the preceding applications from which the divisional application is derived, if the divisional application does not go beyond the disclosure contained in the preceding applications, otherwise its accorded filing date shall be the date on which it was actually filed.
2. When a divisional application is to be accorded the filing date of an earlier application, the applicant may request that there be accorded to it any convention priorities, within the meaning of Regulation 48, applicable to the earlier application and relating to the invention claimed in the divisional application.

PART XIV

PATENT AGENTS

1. The Registrar may license qualified persons who are admitted as attorneys-at-law in Belize to be patent agents for transacting business under the Act, and he shall record the names of licensed patent agents in the register.
2. (1) Upon proof to the Registrar‘s satisfaction of the malfeasance or incapacity of a licensed patent agent, or on the non-payment of the annual fee for licensing a patent agent, the Registrar shall revoke the agent‘s licence.

(2) After the licence of a patent agent has been revoked, the Registrar may restore the licence if he is satisfied that the reasons for revoking the licence in the first instance have been removed.

59. The Registrar shall have no dealings in respect of matters under the Act with an agent who is not licensed to act as a patent agent.

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60. When an applicant under an application revokes the appointment of an agent and, when necessary, replaces him with another agent, the applicant shall notify the Registrar of the change of agents and send the latest address of his agent to the Registrar.

PART XV

CLERICAL ERRORS

61. A document relating to an application or patent may be corrected if the Registrar is satisfied that the document contains an error of a clerical nature and that its correction would involve no change of substance in the application or patent.

PART XVI

1. Where no provision is made in the Act or the Regulations in respect of any matter arising in the administration of the Act, the Registrar may make such directions in respect of the matter as he considers necessary.
2. When any annual fee due on a patent has not been paid, the Registrar may inform a licensee of the patent of that fact, if the licensee has been recorded as such in the Office, but the Registrar is not obligated to do so.
3. The Registrar may acknowledge inquiries made to the Office, but the Registrar need not furnish any applicant or other person with information that would require a search of the public records of the Office, or to provide advice on matters concerning the interpretation of the Act or Regulations, or concerning other questions of law.
4. (1) Subject to Regulation 64, the Registrar may give a certificate regarding any entry, matter or thing that he is authorized or required by the Act

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Repeal of S.I. No. 92 of 2001.

Commencement.

(2) A person who can show an interest in an entry, matter or thing for which he requires a certificate may, by an application in Form No. 8, request such a certificate from the Registrar, and the applicant need not disclose his interest unless required by the Registrar to do so.

1. The Patents Regulations, 2001, (No. 92 of 2001), are repealed.
2. These Regulations shall come into force on the 1stday of January, 2002.

MADE by the Minister responsible for Patents this 27th day of December, 2001.

(GODFREY SMITH)

Attorney General and Minister responsible for Patents

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SCHEDULE II

[Regulation 10] (Section 17 (2) (a) of the Act)

FORM NO. 1 PETITION FOR PATENT

The grant of a patent is requested for the following invention: TITLE OF INVENTION

APPLICANT (S) (name(s) & address(es) STATEMENT OF OWNERSHIP

(may be filed separately)

INVENTOR(S) (name(s) & address(es) AGENT

(if any - name & address) PRIORITY - (Identify foreign application if any of which priority is claimed) DIVISION -This application is a division of Application Number ............

(identify originating application) filed .............. SIGNATURE Dated At

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(Section 17 of the Act)

FORM NO. 2

APPLICATION FOR PATENT (Documentation Required)

PETITION (Use a separate sheet, see Form No. 1) ABSTRACT (section 17 (1) (e))

DESCRIPTION

(section 17 (1) (b)) DRAWINGS (section 17 (1) (d))

CLAIMS

(section 17 (1) (c)) FEES (Regulation 3) see Schedule I

Patent No. Date:

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(Section 27 (4) of the Act)

FORM 3

PATENTS ACT

CHAPTER 253 (SECTION 27-(4)) FORM NO. 3

CERTIFICATE OF GRANT OF A PATENT

NO. _________

WHEREAS,¹ (hereinafter called —the Applicant“), has filed and presented to the Registrar of the Intellectual Property Office, through its Agent², a petition praying for the grant in Belize of a patent for an invention for ³which invention is new, involves an inventive step and is capable of industrial application, as more fully set out in the abstract, claims and drawings which have been filed with the Registrar of Intellectual Property;

AND WHEREAS, after carrying out an examination as provided in section 26 of the Patents Act, it has been determined that the provisions of the Patents Act and Regulations made thereunder have been complied with by the Applicant;

NOW THEREFORE, these present letters patent grant unto the Applicant whose ownership thereof is shown in the documents attached hereto, and to any subsequent legal representatives of the Applicant, all the benefits of the Patents Act for a period of twenty years from the⁴, subject to the conditions contained in the Patents Act and Regulations made thereunder and to any adjudication of the Supreme Court of Judicature affecting those rights.

IN TESTIMONY WHEREOF this document bears the seal of the Intellectual Property Office affixed to it at Belmopan, Belize.

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GRANTED this⁵ .

Registrar of Intellectual Property

1. Name and address of applicant.
2. Name and address of agent.
3. Title of Patent.
4. Date of Grant.
5. Date of Grant.

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(Section 37 (2) of the Act)

FORM NO. 4

APPLICATION FOR REGISTRATION OF A LICENCE - CONTRACT

I/We¹ ......................................................................................................... .................................................................................................................. being the registered owner(s) of Patent No.² ...........................hereby apply to register a licence-contract, (a copy of which is attached) pursuant to section 37 (2) of the Act.

Jointly submitted by the parties to the said licence-contract, being

...............................................of ........................................................ and ...............................................of ........................................................

Dated this .............................. day of ................................... 20 ............

The Registrar Intellectual Property Office

1. Names of the parties to the licence-contract.
2. Identify Patent.

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FORM NO. 5

RECEIPT OF APPLICATION FOR REGISTRATION

Licence-Contract

BY THIS DOCUMENT it is hereby acknowledged that an application for registration of a licence-contract identified below was made under section 37

(2) of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000, and that the prescribed fee has been paid. Date of application for registration: Filed by: Respecting Patent Application No. For an invention entitled Filed by Recorded in the register on or Patent No.

For an invention entitled Granted on

Signed and sealed at .................................. this ............ day of .................................... in the year .................................................

Registrar Intellectual Property Office

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(Section 37 (2) of the Act)

FORM NO. 6 CERTIFICATE OF REGISTRATION

Licence-Contract

BY THIS DOCUMENT it is hereby certified that the licence-contract identified below has been registered under section 37 (2) of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000.

The licence-contract relates to: Patent Application No. For an invention entitled Filed by

Recorded in the register on

or Patent No. For an invention entitled Granted on To

Date of Registration of Licence

Signed and sealed at .............................................. this ............. day of ............................................... in the year .............................................................

Registrar Intellectual Property Office

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(Section 29 of the Act)

FORM NO. 7

SURRENDER OF A PATENT

IN ACCORDANCE with section 29 of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000, I/We*, the undersigned owner(s) of the patent identified below do hereby and to the extent stated surrender our rights in the said patent.

Patent No. .................................................................................................. Granted ...................................................................................................... Title of invention ..........................................................................................

*(a) I/We surrender the whole patent

*(b) I/We surrender claim(s)

*(a) I/We further declare that there have been no non-voluntary licences granted for said patent

*(b) A non-voluntary licence has been granted in respect of the patent, but all the licensees agree to this surrender, as is evident from the written consents attached hereto.

Signed at .......................................................................................... this ............. day of .......................................................................... in the year .......................................................................................

............................................. Signature of patentee or agent

*Delete where inapplicable.

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(Regulation 65(2))

FORM NO. 8

REQUEST FOR CERTIFICATE OF THE REGISTRAR IN RELATION TO AN ENTRY, MATTER OR THING

IN THE MATTER OF¹ THE PATENTS ACT, CHAPTER 253 OF THE SUBSTANTIVE LAWS OF BELIZE, REVISED EDITION 2000

I/WE ........................................................................................................ ................................................................................................................. hereby request the Registrar to furnish me (us) with² ................................................................................................................. .................................................................................................................

Dated this .................. day of ..................................., 20 ............

3

...................................................................................................

4

...................................................................................................

TO: Registrar Intellectual Property Office Belmopan

Note:

1. These words may be altered to suit other circumstances.
2. Here set out the particulars that the Registrar is requested to certify.
3. Signature.
4. Address.

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