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PATENT LAW EXISTING LEGISLATION ON PATENT LAW The Patent Act No. 30 of 1857, The Patent (Amendment) Act No. 42-74, October 1974 The Patent (Amendment) Act No. 8-75, March 1975. BRIEF BACKGROUND TO THE PATENT LAW The existing Patent Legislation is very old notwithstanding the amendments of 1974 and 1975. The scope and nature of protection provided to the patent holder falls below the minimum requirements of the TRIPS Agreement. By virtue of Jamaica’s membership to the Paris Convention, a Patent applicant who intends to file applications in different Paris Convention countries may claim the date on which the first application was filed as the effective filing date in the subsequent applications made. All subsequent applications have to be made within 12 months of the first filing date in order to claim priority. A Draft Bill on Patents and Designs currently under consideration will repeal the existing Patent Legislation and will incorporate provisions for compliance with the TRIPS Agreement and for the implementation of the Patent Corporation Treaty. PATENT PROTECTION Under Jamaican Law an invention, discovery or improvements of some new and useful art, machine, manufacture or composition of matter are patentable subject matter. The person applying for a patent (The Petitioner) must declare that the invention, discovery or improvement has not been known or used in the Island before to the best of his/her knowledge, information and belief. Therefore the requirement that the patentable subject matter must be novel is restricted to local novelty as opposed to universal novelty. Where products have already been patented in a foreign country they can still be patented in Jamaica so long as the period of patent protection in the foreign country has not expired. In this case the Jamaican Patent would last as long as the foreign Patent remains valid. The Patent Law grants the Patent Holder the full and exclusive right and liberty to make, construct, use and sell the new invention, discovery or improvement. These rights extend to the inventor or assignee, his executors and administrators. Letters Patent are granted for a period of 14 years. An extended term of a further 7 years may be granted. THE GOVERNMENT PATENT OFFICE The Patent Law is administered by the Patent Directorate of The Jamaica Intellectual Property Office (JIPO), Ministry of Commerce, Science & Technology. Click here to access our Patent Services |
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