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.
Filing Requirements
– Authorization of agent, unlegalized;
– Specification and abstract;
– Drawings;
– Priority document (within three months);
– Declaration signed by inventor(s) before a Notary Public, stating that he/she/they consent to filing of the application (within three months);
– Form 1 (“Application for a Patent”), preferably printed double-sided on legal paper and signed on behalf of the applicant.
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: annual fees must be paid before the expiration of the first year from the date of filing the application and thereafter before the expiration of each successive year during the term of the patent.
Observations: where an application has been published but a patent has not yet been granted, any person may make observations in writing to the Registrar objecting the patentability. However, this person will not be party of the procedure.
Opposition: any person may file an opposition with the Registrar within two months from the date of publication of the application in the Official Gazette.
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;
– An indication of the goods or services;
– Certified copy of basic application, if priority is claimed, with verified English translation (if applicable).
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 Official Gazette.
Industrial Designs
Legal Basis
– Industrial Property Act, 1965, as amended.
– Industrial Property Rules, 1967, as amended.
Membership in International Conventions
– Paris Convention.
Filing Requirements
– 3 identical representations or specimens of the design, on paper of approx. 13 x 8 inches;
– 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 filing date, renewable for two further terms of five years each.
Opposition: possible, to the Registrar on advertisement of a request for correction of a clerical error in claim for design or in the representation of the design; by application for cancellation to The Supreme Court.
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.