Guernsey - 'Patents Post Box Service' now available

The Bailiwick of Guernsey, which comprises the islands of Guernsey, Alderney and Sark and the neighbouring islets of Herm and Jethou, has in recent years been undergoing a series of legislative measures in order to transform the Bailiwick into a modern, TRIPs-compliant IP jurisdiction. In 2006, new trade mark, design, copyright and related rights' laws were introduced, and the primary legislation at that time also included authorisation for Guernsey's legislature to pass laws relating to patents and utility models. Finally, in January 2009, Guernsey passed this long-awaited legislation relating to the registration of patents and the protection of biotechnological inventions. However, to date, this 'Registered Patents and Biotechnology Inventions (Bailiwick of Guernsey) Ordinance, 2009' (the 'Patents Ordinance') has yet to be implemented.

It is expected that the Patents Ordinance will finally come into force during the first quarter of 2010, and this Ordinance will repeal the current law which dates back to 1922. Inter alia, the new Patents Ordinance will significantly broaden the number of jurisdictions from which a granted patent may be reregistered in Guernsey (e.g. to include the US, Canada, China and the Russian Federation). Under the present law, only granted UK or European (UK) patents may be reregistered there.

The new Ordinance will allow the registration of any inventions which are new, inventive and capable of industrial applicability, without exception. Thus, technology such as computer programs will not be excluded from patentability, and a US patent relating to such subject matter will therefore be registrable in Guernsey.

The Guernsey Intellectual Property Office (IPO) has just announced that, until such time as the new Patents Ordinance comes into force, it will be possible for applicants to utilize a newly-launched 'Patents Post Box Service'. This is described by the IPO as providing 'exciting new service opportunities for IP holders who have an interest in patent and biotechnological invention and potential registration in the Bailiwick of Guernsey', by enabling applicants to apply directly to the Registrar of Intellectual Property for an advanced filing of a patent application as if the Ordinance were already in force. Once the relevant forms and fees have been submitted along with evidence of the grant of a patent elsewhere, the Registrar will carry out a pre-application examination. The Registrar will then be able comment on the prospect of the invention being accepted for registration in the Bailiwick once the relevant law is enabled, so giving the applicant the opportunity to obtain an initial (non-binding) opinion on the likelihood of registration in the Bailiwick of an application for a patent. This will seemingly permit the rapid handling of the application for registration once the Ordinance is given effect, and the application will be given a filing date on the date of the commencement of the Ordinance.

Should you require any further information in this regard, please do not hesitate to contact us.

4th December 2009

Navigation Homepage History of Lysaght & Co. Services Countries Personnel News & Law Updates Scales of Fees Order Form Information Order Form Contact Information Client Login Sitemap	Guernsey - 'Patents Post Box Service' now available The Bailiwick of Guernsey, which comprises the islands of Guernsey, Alderney and Sark and the neighbouring islets of Herm and Jethou, has in recent years been undergoing a series of legislative measures in order to transform the Bailiwick into a modern, TRIPs-compliant IP jurisdiction. In 2006, new trade mark, design, copyright and related rights' laws were introduced, and the primary legislation at that time also included authorisation for Guernsey's legislature to pass laws relating to patents and utility models. Finally, in January 2009, Guernsey passed this long-awaited legislation relating to the registration of patents and the protection of biotechnological inventions. However, to date, this 'Registered Patents and Biotechnology Inventions (Bailiwick of Guernsey) Ordinance, 2009' (the 'Patents Ordinance') has yet to be implemented. It is expected that the Patents Ordinance will finally come into force during the first quarter of 2010, and this Ordinance will repeal the current law which dates back to 1922. Inter alia, the new Patents Ordinance will significantly broaden the number of jurisdictions from which a granted patent may be reregistered in Guernsey (e.g. to include the US, Canada, China and the Russian Federation). Under the present law, only granted UK or European (UK) patents may be reregistered there. The new Ordinance will allow the registration of any inventions which are new, inventive and capable of industrial applicability, without exception. Thus, technology such as computer programs will not be excluded from patentability, and a US patent relating to such subject matter will therefore be registrable in Guernsey. The Guernsey Intellectual Property Office (IPO) has just announced that, until such time as the new Patents Ordinance comes into force, it will be possible for applicants to utilize a newly-launched 'Patents Post Box Service'. This is described by the IPO as providing 'exciting new service opportunities for IP holders who have an interest in patent and biotechnological invention and potential registration in the Bailiwick of Guernsey', by enabling applicants to apply directly to the Registrar of Intellectual Property for an advanced filing of a patent application as if the Ordinance were already in force. Once the relevant forms and fees have been submitted along with evidence of the grant of a patent elsewhere, the Registrar will carry out a pre-application examination. The Registrar will then be able comment on the prospect of the invention being accepted for registration in the Bailiwick once the relevant law is enabled, so giving the applicant the opportunity to obtain an initial (non-binding) opinion on the likelihood of registration in the Bailiwick of an application for a patent. This will seemingly permit the rapid handling of the application for registration once the Ordinance is given effect, and the application will be given a filing date on the date of the commencement of the Ordinance. Should you require any further information in this regard, please do not hesitate to contact us. 4th December 2009

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