Patents Laws in Trinidad and Tobago

Trinidad and Tobago offers a well-structured patent system governed by the Patents Act, Chapter 82:76, which aligns with international standards, including the Patent Cooperation Treaty (PCT). This framework facilitates both national and international patent protection for inventors.(

📝 Patent Application Process

1. Filing the Application

Where to File: Submit applications to the Intellectual Property Office at 3rd Floor, Capital Plaza, 11–13 Frederick Street, Port of Spain.

Required Documents:

Completed Patent Application Form.

Detailed specification of the invention, including:

Description

Claims

Abstract

Drawings (if necessary)

Power of Attorney (if represented by an agent).

Statutory Declaration (if applicant is not the inventor).

Official English translation of the international application (if applicable) .

Formalities Examination: Ensures compliance with filing requirements.

Substantive Examination: Assesses novelty, inventive step, and industrial applicability.

Publication: Granted patents are published in the Newsday newspaper.

Issuance of Certificate: A certificate of grant is issued upon approval .

3. Fees

Application Fee: TT$2,000.

Search and Examination Fee: TT$1,500.

Grant and Publication Fee: TT$500.

Annual Maintenance Fees (starting from the 2nd year):

2nd year: TT$200

3rd year: TT$400

4th year: TT$400

5th year: TT$600

6th year: TT$900

7th year: TT$1,200

8th year: TT$1,600

9th year: TT$2,000

10th year: TT$2,400

11th year: TT$3,200

12th year: TT$4,200

13th year: TT$5,200

14th year: TT$6,200

15th year: TT$7,200

16th year: TT$8,400

17th year: TT$9,600

18th year: TT$10,800

19th year: TT$12,000

20th year: TT$13,200 .

4. Processing Time

Estimated Duration: Approximately 12 to 18 months, including a 3-month publication and opposition period .

🌍 International Protection

Trinidad and Tobago is a member of the Patent Cooperation Treaty (PCT), allowing inventors to file a single international application seeking patent protection in multiple countries. Additionally, the country recognizes patents filed under the Paris Convention, enabling the re-registration of foreign patents claiming priority from an earlier filing date 

🛡️ Utility Certificates

For inventions requiring a lower inventive step, Trinidad and Tobago offers Utility Certificates as an alternative to patents. These provide similar protection but with:

A shorter term of protection (10 years).

Lower maintenance fees

A simpler application process .

⚠️ Important Considerations

Disclosure: Publicly disclosing your invention before filing can jeopardize patentability. It's advisable to file a patent application before any public disclosure.

International Filing: If seeking protection in multiple countries, consider filing through the PCT to streamline the process .

 

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