Patents Laws in Cayman Islands (BOT)
In the Cayman Islands, patent protection is governed by the Patents Act (2018 Revision), which primarily facilitates the extension of existing patents from the United Kingdom (UK) or the European Patent Office (EPO) to the Cayman jurisdiction. The Cayman Islands Intellectual Property Office (CIIPO) oversees this process.
🔑 Key Aspects of Patent Law in the Cayman Islands
1. Extension of UK or EP(UK) Patents
The Cayman Islands do not grant original patents.
Patent protection is achieved by extending an existing UK or EP(UK) patent.
Applications cannot be based on pending UK or EP(UK) applications; only granted patents are eligible.
The application process is straightforward, requiring only the UK or EP(UK) registration number.
2. Registered Agent Requirement
Applicants must appoint a registered agent who is legally and ordinarily resident in the Cayman Islands.
This agent handles all dealings with the Registry, including annual fee payments.
3. Annual Maintenance Fees
An annual fee is payable each January to maintain the patent's validity in the Cayman Islands.
Failure to pay may result in the patent being held in abeyance or cancelled after 12 months of non-payment.
4. Anti-Patent Trolling Provisions
The legislation includes measures to prevent "patent trolling," prohibiting bad-faith assertions of patent infringement.
Courts will not recognize or enforce foreign judgments based on such assertions.
5. No Participation in the Patent Cooperation Treaty (PCT)
The Cayman Islands are not a signatory to the PCT.
Consequently, PCT national phase filings are not possible in this jurisdiction.
📝 Application Process
Eligibility: Ensure you hold a granted UK or EP(UK) patent.
Appoint a Registered Agent: Select a qualified agent in the Cayman Islands.
Submit Application: Provide the UK or EP(UK) registration number to the CIIPO.
Processing Time: The Registry typically processes applications within two months.
Certificate Issuance: Upon approval, a Certificate of Recording is issued.
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