Patent registration in Jamaica: Guidance for applicant

Jamaica has the potential to develop patents in the field by taking advantage of available resources and advantages. Jamaica has a tropical climate, fertile soil, and a long agricultural tradition. Inventions can focus on improving crop yields, developing new crop varieties, sustainable farming techniques, post-harvest technologies, and processing value-added foods. Typical Jamaican agricultural products such as coffee, cocoa, tropical fruits, and spices can also be an inspiration for new inventions. Jamaica is a popular tourist destination for its beautiful beaches, diverse culture, and attractive recreational activities. The inventions can focus on improving the travel experience, developing new tourism services, sustainable tourism technology, and smart hotel management solutions. Jamaica has the potential to develop solar and wind energy. Inventions can focus on the efficient exploitation and use of these renewable energy sources, reducing dependence on fossil fuels, and promoting sustainable development. Despite its potential, Jamaica also faces a number of challenges in patent development, such as a weak intellectual property system, a lack of investment capital, and limited human resources. However, with the support of the government, international organizations, and the private sector, Jamaica can overcome these challenges and take advantage of opportunities to promote innovation and economic development. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Jamaica through the article below.

Legal Basis

• Patents and Designs Law, 2020 (Act No. 1 of 2020)

Definition of Patent Registration in Jamaica

In Jamaica, a patent is an exclusive right granted by the government to an inventor for a new and useful invention. It allows the inventor to prevent others from making, using, selling, or importing the invention without their permission for a limited period of time. The Patents and Designs Act, 2020 (Act No. 1 of 2020) regulates patents in Jamaica and defines patents as follows:

“An exclusive right granted to an invention, is a product or process that provides, in general, a new way to do something or offer a new technical solution to a problem.”

Conditions for registering a patent in Jamaica

• Subject matter of patent: Inventions must fall within the scope of the subject matter of the patent, including new products, processes, or improvements thereof. It must not be a mere discovery, scientific theory, mathematical method, aesthetic creation, plan, rule or method of performing an intellectual action, playing a game or business, such a computer program, or presenting information.
• Novelty: The invention must be new, which means that it must not be publicly available anywhere in the world before the date of filing the patent application.
• Innovation Step: The invention must not be obvious to a person with expertise in the technical field, which means that it must include an innovation step that is not simply a combination of known elements or techniques.
• Industrial Applicability (Utility): The invention must be able to be created or used in any type of industry, including agriculture.

Types of patents that can be registered in Jamaica

Under the Patents and Designs Act, 2020 (Act No. 1 of 2020), Jamaica now recognises two types of patents that can be registered:

• Patent for invention: This is a standard patent that protects new products, processes, or innovations that meet the criteria of novelty, innovation, and industrial applicability. A patent for an invention provides 20 years of protection from the date of filing.
• Utility Model (Small Patent): This is a new type of patent introduced in Jamaica with the Act of 2020. The utility model protects new and applicable inventions in industry but may not meet the threshold for a higher step of innovation than the requirement for patents for patents. The term of protection is shorter, usually 10 years from the date of filing, and aims to promote innovation for minor improvements and adjustments.

Some other forms of protection

• Supplemental Protection Certificates (SPCs): Although not a separate type of patent, SPCs can be issued to extend the term of patent protection for pharmaceutical and plant protection products to compensate for the time it takes to obtain regulatory licenses.
• Industrial Designs: These protect the decorative or aesthetic aspect of the product and are separately registered under the Design Law.

Patent Registration Records in Jamaica

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Jamaica through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 participating countries, including Jamaica.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

If you wish to file a patent application, please contact Viet An Law for the most effective support.

Update: 9/2024