Table of Contents
Patents of Invention
Legal Basis
– Patents Act, 2024, in force since February 1, 2025.
– Patent Regulations, 2025, in force since May 21, 2025.
Membership in International Conventions
– Paris Convention.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since September 3, 2025.
– Patent Cooperation Treaty (PCT), as of August 19, 2026.
Filing Requirements
– Authorization of agent, unlegalized, where applicable;
– A description of the invention;
– 1 or more claims;
– Drawings, where required;
– An abstract;
– Details identifying the inventor(s);
– A statement or other prescribed documentation concerning the applicant’s entitlement to apply, where the applicant is not the inventor;
– Priority document, if any;
– Payment of the prescribed fees.
Remarks
Duration – extension: for patent applications filed on or after February 1, 2025, the duration is twenty years. Note: under the previous Patents Act patents were granted for sixteen years.
Annuities: are payable on the first and each subsequent anniversary of the filing date.
Opposition: any person may file an opposition with the Registrar within two months from the date of publication of the application.
Trade and Service Marks
Legal Basis
– Trade Marks Act, 2024, in force since February 1, 2025.
– Trade Marks Regulations, 2025, in force since May 21, 2025.
Membership in International Conventions
– Paris Convention.
– Singapore Treaty on the Law of Trademarks, since September 3, 2025.
– Trademark Law Treaty, since September 3, 2025.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, since September 3, 2025.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, Geneva Act, since September 3, 2025.
Filing Requirements
– Name and address of the applicant;
– Authorization of agent, unlegalized;
– A representation of the trademark;
– A list of the goods and/or services for which registration is sought, classified according to the Nice Classification;
– Any statement, description, translation, transliteration, or other information required in relation to the trademark;
– Certified copy of basic application, if priority is claimed, with verified English translation (if applicable);
– Payment of the prescribed fees.
Note: the application shall state that the trademark is being used by the applicant or with their consent, or that they have a bona fide intention to use.
Remarks
Duration – renewals: for trademark applications filed on or after February 1, 2025, the duration is ten years from the date of registration; can be renewed indefinitely for further periods of ten years. Note: for marks filed or registered before February 1, 2025, the duration is fourteen years from the filing date.
Obligation to use the registered mark: any aggrieved person may apply to the Registrar for the removal of the mark from the Register in the case of non-use for a period of five years or more.
Opposition: any person may file an opposition with the Registrar within two months from the date of publication of the application in the Journal.
Industrial Designs
Legal Basis
– Copyright Act, 2024, in force retroactively as of February 1, 2025.
Note: the Copyright Act, 2024 repealed the industrial design provisions formerly found in the Industrial Property Act, 1965, Ch. 324. The Copyright Act, 2024 contains its own dedicated provisions for industrial designs, including a Register of Industrial Designs, issuance of certificates of registration, priority filing under the Paris Convention, acts of infringement, term of protection, damages, and cancellation procedures. However, implementing regulations for the new Act are still being finalized at the time of writing, and the IP Office has temporarily paused processing of new applications pending their completion.
Membership in International Conventions
– Paris Convention.
Filing Requirements
– A representation or a specimen of the design;
– The name of the article which is the subject of the design or the article to which the design is to be applied;
– A statement of originality referring to the representation or specimen and indicating whether industrial design protection is claimed in the whole or part of the design shown in the representation or specimen and if in part, indicating which part or parts, and also whether industrial design is claimed in shape, configuration, pattern or ornament;
– In Convention cases: (a) number, date and country of the basic foreign application; (b) a certified copy of the basic application; may be filed within three months; if not in English, it must be accompanied by a certified translation.
Remarks
Duration: after formal examination: 5 years from the date of registration, renewable for one further term of five years. Note: under the former Industrial Property Act, 1965 the duration was five years from the filing date, renewable for two further terms of five years each.
Cancellation: any interested person may apply to the court for cancellation of a registration.
Domain Names
Filing
ccTLD: .bs
Applicant: individuals and legal entities.
Local presence: not required.
Remarks
Duration – renewals: one to two years, renewable.
Uniform dispute resolution procedure: available (ICANN UDRP model) before WIPO Arbitration and Mediation Center.