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Registration of United Kingdom Patents in the Falkland Islands

The relevent legislation for registration of United Kingdom Patents in the Falkland Islands is the Registration of United Kingdom Patenets Ordinance 1930 ("the ordinance") which can be found here

 

Section 2 of the ordinance sets out persons who are entitled to apply;

  • Any person being the grantee of a United Kingdom patent (which expression shall in this Ordinance include a patent treated under any Patent Act in force in the United Kingdom as being granted under such Act by reason of its being a European Patent (UK))
  • Any person deriving his right from such grantee by assignment, transmission or other operation of law may apply within three years from the date of issue of the patent to have such patent registered in the Falkland Islands.

 

Section 3 of the ordinance details the procedure for applying for registration;

Every application under this Ordinance shall be addressed to the Registrar General, and there shall be transmitted with such application-

     (a)     a certificate of the Comptroller General of the United Kingdom Patent Office giving full particulars of the issue of the patent;

     (b)     two certified copies of the complete specification or specifications and in the case of a patent treated as being granted in the United Kingdom by virtue of the provisions of section 2, a certificate by an officer duly authorized under the Patent Act that the United Kingdom has accepted the European Patent (UK) designating the United Kingdom as being effective in the United Kingdom and that the particulars of the application are true (including the drawing, if any) in relation to any patent;

     (c)     in the case of an assignment, an affidavit that the applicant is the assignee in respect of the Falkland Islands of the registered proprietor of the patent;

     (d)     a fee of £132.00 or such greater fee as may be prescribed by regulations made by the Governor under this paragraph