Patents of the Caribbean

As we are well into the summer vacation season, many vacationers are flying to the tropical climate of the Caribbean. Choosing which of the lush islands to visit can be challenging.  Likewise, obtaining patents in the Caribbean presents a unique landscape, as protection is governed by a mix of regional and national systems. While some jurisdictions share harmonized legal frameworks, others operate independently with distinct national patent laws and procedures. Applicants seeking protection across the region must navigate varying requirements for filing, examination, and enforcement. Understanding each Caribbean country’s specific system is essential to securing and maintaining effective patent rights in this diverse and growing tropical market.

Brief Summary of Patent Protection in Each Caribbean Country or Territory

France

Each of Guadeloupe, Martinique, St. Martin, and St. Barts is under the authority of the French patent system. Any French patent, obtained either through direct filing in France or through a European Patent validated in France (“EP(FR)”), automatically provides patent protection in the Caribbean territories of Guadeloupe, Martinique, St. Martin, and St. Barts. See Art. 168(1) EPC. No additional steps are required. Protection in each of these countries can be achieved by obtaining a French patent through:

1. filing an international (“PCT”) application, entering the national phase in the European Patent Office (“EPO”), and validating a granted EP patent in France;
2. filing an application directly with the EPO and validating a granted EP patent in France; or
3. directly filing an application in France.

Once the French patent is obtained, there is no need to separately designate the patent in one or more of the Caribbean territories of France. Protection expires with the expiration of the French patent.

Patent enforcement in Guadeloupe, Martinique, St. Martin, and St. Barts is through local courts that can preside over patent enforcement cases. If European patent protection is provided by a unitary patent, the UPC can also have jurisdiction over the applicable patents in Guadeloupe, Martinique, St. Martin, and St. Barts.

The Netherlands

Each of BES (Bonaire, St. Eustatius, and Saba) Islands, Curaçao, and Sint Maarten is under the authority of the Dutch patent system. Any Dutch patent, obtained either through direct filing in the Netherlands or through a European Patent validated in the Netherlands (“EP(NL)”), automatically provides patent protection in the BES Islands, Curaçao, and Sint Maarten. No additional steps are required. Protection in each of these countries can be achieved by obtaining a Dutch patent through:

1. filing a PCT application, entering the national phase in the EPO, and validating a granted EP patent in the Netherlands;
2. filing an application directly with the EPO and validating a granted EP patent in the Netherlands; or
3. directly filing an application in the Netherlands.

Once the Dutch patent is obtained, there is no need to separately designate the patent in one or more of the Caribbean countries and special municipalities. Protection expires with the expiration of the Dutch patent.

Patent enforcement in the BES Islands, Curaçao, and Sint Maarten is governed by the Dutch Patent Act of 1995. These Caribbean countries and special municipalities do not have a separate national patent law. Therefore, the enforcement of the direct Dutch patent or a European patent validated for the Netherlands (“EP(NL)”) follows similar procedures to European practice. The enforcement is handled by the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba. If European patent protection is provided by a unitary patent, the UPC can also have jurisdiction over the applicable patents in the BES Islands, Curaçao, and Sint Maarten.

The United Kingdom

Each of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Grenada, Guyana, Montserrat, Saint Lucia, Saint Vincent, and Turks and Caicos is under the authority of the United Kingdom patent system. Protection in each of these countries can be achieved by obtaining a UK patent through:

1. filing a PCT application, entering the national phase in the EPO, validating a granted EP patent in the UK, and re-registering the UK patent separately in each of the Caribbean countries or territories;[1]
2. filing an application directly with the EPO, validating a granted EP patent in the UK, and re-registering the UK patent separately in each of the Caribbean countries or territories;[2] or
3. directly filing an application in the UK and re-registering the UK patent separately in each of the Caribbean countries or territories.

Patent protection in Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Grenada, Guyana, Montserrat, Saint Vincent,[3] and Turks & Caicos can be obtained through an existing United Kingdom patent or an EP patent designated in the United Kingdom (“EP(UK)”); and patent protection in Saint Lucia can be obtained through an existing United Kingdom patent, but not an EP(UK) Patent. The UK patent or the EP(UK) patent must be re-registered separately in each of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Grenada, Guyana, Montserrat, Saint Lucia, Saint Vincent, and Turks & Caicos for patent protection to confer to these countries/territories. This differs from the patent protection conferred in the French and Dutch territories, where the patent protection via the local or European patent is automatically extended to their Caribbean territories.

Patent enforcement in these Caribbean countries and territories is through local courts that can preside over patent enforcement cases. For instance, the Grand Court has jurisdiction over the Cayman Islands and can preside over patent enforcement proceedings in the Cayman Islands. The Eastern Caribbean Supreme Court can hear patent enforcement proceedings for Anguilla, Grenada, Montserrat, Saint Lucia, Saint Vincent, and the Virgin Islands.

The term of protection in the aforementioned Caribbean countries and territories expires with the expiration of the UK or EP(UK) patent.

Re-Registration Process

The re-registration process of the UK or EP(UK) patent can vary depending on the Caribbean country or territory.

For Anguilla, Bermuda, British Virgin Islands, Grenada, Guyana, Montserrat, and Saint Vincent, the application for re-registration of the UK patent or EP(UK) must be made within three years of the UK date of issue.

For Saint Lucia, only the UK patent can be re-registered, and the application for re-registration must be made within three years of the UK date of issue.

For Turks and Caicos, the application for re-registration of the UK patent or EP(UK) must be made within five years of the UK date of issue.

For the Cayman Islands, the application for re-registration of the UK patent or EP(UK) can be made at any time during the life of the patent.

The United States

An issued patent in the United States is automatically enforceable in Puerto Rico and the U.S. Virgin Islands. Enforcement of the patent occurs through the Federal Courts of the United States. The term of protection in Puerto Rico and the U.S. Virgin Islands expires with the expiration of the U.S. patent.

Countries Requiring Independent Registration

A patent application must be filed separately and independently registered in these countries: Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Cuba, Dominica, Dominican Republic, Haiti, Jamaica, Saint Kitts and Nevis, and Trinidad and Tobago.

PCT Member Countries

Antigua and Barbuda, Barbados, Belize, Cuba, Dominica, Dominican Republic, Jamaica, Saint Kitts and Nevis, and Trinidad and Tobago are members of the PCT. As such, one can obtain a patent by filing a PCT application and entering the national phase in one or more of these countries. Enforcement of the patent would occur before the local courts of the respective countries.

Non-PCT Member Countries

Non-PCT member countries include Aruba, Bahamas, and Haiti. Therefore, a patent application must be filed separately in Aruba, Bahamas, and Haiti to receive patent protection in each of the non-PCT member countries. Enforcement of the patent would occur before the local courts of the respective countries.

While Aruba is also a constituent island country within the Kingdom of Netherlands, Aruba has its own separate patent act unlike the BES Islands, Curaçao, and Sint Maarten. Therefore, Aruba is not covered by Dutch or European patents. Since Aruba is also not a PCT member, a patent application must be filed separately in Aruba.

Countries Offering Utility Model

Antigua and Barbuda, Aruba, Bahamas, Belize, Cuba, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Martinique, Saint Kitts and Nevis, Saint Vincent, St. Martin, St. Barts, and Trinidad and Tobago offer a utility model option for patent protection. A utility model, often referred to as a utility certificate or a small patent, grants a limited exclusive right to prevent others from exploiting an invention. Although similar to a patent, a utility model generally requires less stringent patentability requirement for minor or incremental innovations and for a shorter term of protection than patents.

France offers a utility certificate, but the Netherlands, United Kingdom, and the United States do not. A utility certificate can be filed via the French Intellectual Property Office, and the utility certificate is valid for ten years after the filing date in France. The utility certificate automatically extends to the French territories of Guadeloupe, Martinique, St. Martin, and St. Barts in the Caribbean.

Antigua and Barbuda

A utility model in Antigua and Barbuda is valid for ten years after the filing date. A utility model application can be filed via PCT or the Paris Convention.

Aruba

Aruba offers a “small patent” or “petty patent,” which is valid for six years after the filing date. A small patent application can be filed locally via the Paris Convention.

The Bahamas

The Bahamas offer a “utility certificate,” which is valid for ten years after the filing date. An application for a utility certificate can be filed locally via the Paris Convention.

Belize

Belize offers a “utility certificate,” which is valid for seven years after the filing date. An application for a utility certificate can be filed locally via PCT or the Paris Convention. A utility certificate does not require that the claimed invention has inventive step.

Cuba

Cuba offers a “utility certificate,” which is valid for ten years after the filing date. A utility model can be filed locally via PCT or the Paris Convention.

Dominica

Dominica offers a “utility certificate,” which is valid for seven years after the filing date. A utility model can be filed locally via PCT or the Paris Convention.

Dominican Republic

The Dominican Republic offers a “utility model,” which is valid for fifteen years after the filing date. A utility model can be filed via PCT or the Paris Convention.

Grenada

Grenada offers a “utility model certificate,” which is valid for seven years after the filing date. A utility model can be filed via PCT or the Paris Convention.

Guadeloupe

As mentioned above, Guadeloupe is under the authority of the French patent system. A utility certificate can be filed via the French Intellectual Property Office, and the utility certificate is valid for ten years after the filing date in France. The utility certificate automatically extends to the French territories of Guadeloupe, Martinique, St. Martin, and St. Barts.

Haiti

All patents are considered utility models in Haiti, which operates on a registration system and does not require substantive examination of an application. Patents are valid for five, ten, and twenty years after the filing date. Five-year and ten-year patents can be extended to twenty years upon payment of fees. An application for a utility model can be filed locally via the Paris Convention.

Jamaica

Jamaica offers a “utility model,” which is valid for ten years after the filing date. An application for a utility model can be filed locally via PCT or the Paris Convention.

Martinique

As mentioned above, Martinique is under the authority of the French patent system. A utility certificate can be filed via the French Intellectual Property Office, and the utility certificate is valid for ten years after the filing date in France. The utility certificate automatically extends to the French territories of Guadeloupe, Martinique, St. Martin, and St. Barts.

Saint Kitts and Nevis

Saint Kitts and Nevis offer a “utility certificate,” which is valid for seven years after the filing date. An application for a utility certificate can be filed locally via PCT or the Paris Convention.

Saint Vincent

Saint Vincent offers “a utility certificate,” which is valid for ten years after the filing date. An application for a utility certificate can be filed locally via PCT or the Paris Convention.

St. Martin

As mentioned above, St. Martin is under the authority of the French patent system. A utility certificate can be filed via the French Intellectual Property Office, and the utility certificate is valid for ten years after the filing date in France. The utility certificate automatically extends to the French territories of Guadeloupe, Martinique, St. Martin, and St. Barts.

St. Barts

As mentioned above, St. Barts is under the authority of the French patent system. A utility certificate can be filed via the French Intellectual Property Office, and the utility certificate is valid for ten years after the filing date in France. The utility certificate automatically extends to the French territories of Guadeloupe, Martinique, St. Martin, and St. Barts.

Trinidad and Tobago

Trinidad and Tobago offers “a utility certificate,” which is valid for ten years after the filing date. An application for a utility certificate can be filed via PCT or the Paris Convention.

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[1] Not available in Saint Lucia.

[2] Not available in Saint Lucia.

[3] Though Grenada, Guyana, and Saint Vincent recognize UK or EP(UK) patents, each of these countries is an independent nation, which is no longer governed by the UK.