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Newsletters and Bulletins / July 1997 / Trinidad and Tobago
 

Trinidad and Tobago - New Patent and Design Laws

New patent and design laws have been enacted and are expected to be brought into effect shortly.

Under the new patent law the former possibility of registering a granted British patent has been abolished.

Under the new law patents will not be able to be obtained for, inter alia, discoveries, scientific theories or mathematical methods, methods for performing mental acts, diagnostic, therapeutic, and surgical methods for treatment of humans or animals and inventions whose commercial exploitation would be contrary to public order, morality or would be prejudicial to human, animal or plant life or health or to the environment.

Novelty is apparently to be judged on a worldwide basis subject to a one-year grace period for publications or acts of the applicant or his predecessor-in-title or which were in breach of a confidential relationship.

Under the new law a full search and examination for novelty and inventive step will be carried out. The term of a patent will be 20 years from the filing date subject to payment of the renewal fees. Patents granted under the former law for a 14-year term will be extended to 20 years from the filing date.

In addition to providing for full patent protection as described above the new law also provides for utility certificates for protection of inventions lacking a sufficient inventive step to justify patent protection. The term of any such utility certificate will be 10 years from filing.

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