As previously reported on this website, Patent Law No. 2 of 2003 is finally now fully in force, and the Registration of UK Patents Act (CAP. 80) has been repealed, such that it is no longer possible to file new applications for the reregistration of granted UK patents there.

 

We have now learnt that the Vanuatu Registry is interpreting the transitional provisions of Law No. 2 of 2003 (in particular Section 54(4) of this law) to the effect that any UK-based reregistration patent granted under the previous UK Patents Act (Chapter 80) is taken to have been registered under Patents Act No. 2 of 2003, such that the term of such patents will expire 20 years after their local filing date in Vanuatu. Under the repealed law, such reregistration patents were deemed to expire upon expiry of the corresponding UK patent.

 

We are currently investigating whether the Registry requires us to pay any renewal fees on old-law patents, as is stipulated under the provisions of the new law. We will post a further article on our website and notify our clients as necessary, once we have established this information.