JM - Jamaica
Jamaica Intellectual Property Office (JIPO)

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Jamaica Intellectual Property Office (JIPO)
PDA: The Patents and Designs Act (Act No. 1 of 2020)
List of currencies used in this document:
JMD (Jamaican dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Jamaica
Two-letter code:
JM
Jamaica - Jamaica Intellectual Property Office (JIPO)
Name of Office:
Jamaica Intellectual Property Office (JIPO)
Location:
18 Trafalgar Road
Kingston 10
Jamaica
Mailing address:
Same as above
Telephone:
(876) 946 13 00
E-mail:
info@jipo.gov.jm
Website:
Facsimile:
None
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by e-mail
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
No, only upon invitation
Does the Office send notifications via e-mail in respect of international applications?
Yes
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
Not applicable
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
JM
Jamaica - Jamaica Intellectual Property Office (JIPO)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
JM
Jamaica - Jamaica Intellectual Property Office (JIPO)
Types of protection available via the PCT:
Patents, utility models (utility models may be sought in addition to a patent)
Availability under the national law for an international-type search (PCT Article 15):
Section 20(2)(b) of the Patents and Designs Act (Act No.1 of 2020)
Provisional protection after international publication:
None
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation
Are there special provisions concerning the deposit of microorganisms and other biological material?
No

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
JM
Jamaica - Jamaica Intellectual Property Office (JIPO)
Language in which international applications may be filed:
English
Language accepted for language-dependent free text in the sequence listing:
Same as above
Language in which the request may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
For the relevant notification by the Office, refer to Official Notices (PCT Gazette) dated 22 September 2022, pages 261 et seq.
Yes, the Office accepts electronic filing via ePCT-Filing
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
Competent International Searching Authority:
AT
Austria - Austrian Patent Office
, 
AU
Australia - Australian Patent Office
, 
CA
Canada - Canadian Intellectual Property Office
, 
EP
European Patent Organisation - European Patent Office (EPO)
Competent International Preliminary Examining Authority:
AT
Austria - Austrian Patent Office
, 
AU
Australia - Australian Patent Office
, 
CA
Canada - Canadian Intellectual Property Office
, 
EP
European Patent Organisation - European Patent Office (EPO)
1
Fees payable to the receiving Office:
Transmittal fee:
8,500 JMD
International filing fee:
Equivalent in JMD of 1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
Equivalent in JMD of 16 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
Equivalent in JMD of 216 USD
Electronic filing (the request, description, claims and abstract in character coded format):
Equivalent in JMD of 324 USD
Search fee:
Refer to
Annex D(AT)
Annex D(AU)
Annex D(CA)
Annex D(EP)
Fee for priority document (PCT Rule 17.1(b)):
4,500 JMD
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
3,500 JMD
Is an agent required by the receiving Office?
No, if the applicant resides in Jamaica
Yes, if he is a non-resident
Who can act as agent?
Any natural or legal person resident in Jamaica
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4; refer also to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
None
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
No

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
English
Required contents of the translation for entry into the national phase:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Where the applicant furnishes a translation of the international application only as amended or only as originally filed, the Office will invite the applicant to furnish the missing translation
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
A copy is required only if the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) or 40(2)
National fees:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Patents
Filing fee
30,000 JMD
Utility models
Filing fee
10,000 JMD
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 2 3
Statement justifying the applicant’s right to the patent where the applicant is not the inventor 2 3
Evidence of entitlement to claim priority where the applicant is not the applicant who filed the earlier application 2 3
Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306) 3
Appointment of an agent if the applicant is not resident in Jamaica 4
Instrument appointing the agent (authorization or power of attorney) 4
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form
Who can act as agent?
Any natural or legal person resident in Jamaica
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

JM.01 FORM FOR ENTERING THE NATIONAL PHASE
Applicants entering the national phase should indicate the international application number on Form 1 (refer to Annex JM.II). It is strongly recommended that this form be used
JM.02 LANGUAGE OF PROCEEDINGS
PDA Sec. 32
The language of proceedings is English
JM.03 TRANSLATION
PDA Sec. 34(2), PDA Sec. 34(3)
For entry into the national phase, an English translation of the international application as published must be provided. A fee for the publication of the translation is also payable but may be paid within two months from the invitation, after national phase entry. The amount of the fee is indicated in Annex JM.I
JM.04 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003)
JM.05 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex JM.I
JM.06 ANNUAL FEES
PDA Sec. 25(1)
Annual fees are payable as from the grant of a patent, on each anniversary of the international filing date. The payment of annual fees shall be accompanied by Form 8 (Payment of Annual Fee) (Annex JM.III). A patent shall cease to have effect at the end of ninety days after each anniversary of the international filing date if the annual fee remains unpaid at the expiration of that period, unless the annual fee is paid in full within ninety days after the end of the ninety day period after each anniversary. The amounts of the annual fees and the late payment fee are indicated in Annex JM.I
JM.07 APPOINTMENT OF AN AGENT
If the applicant is not resident in Jamaica, an agent shall be appointed by filing a power of attorney (Annex JM.III), signed by the applicant
JM.08 AMENDMENT OF THE APPLICATION
PDA Sec. 18(1)
The applicant may, at any time before the patent is granted, make amendments to his application. The amount of the fee is indicated in Annex JM.I
JM.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase
JM.10 REVIEW UNDER ARTICLE 25 OF THE PCT
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase
JM.11 RESTORATION OF THE RIGHT OF PRIORITY
PCT Rule 49ter.2, PDA Sec. 12.10
Where the international application was filed within two months from the end of the period for claiming priority of an earlier application, a request may be made to the Office in accordance with the national law to restore the right of priority (refer to National Phase, paragraphs 6.006 - 6.011). Such a request will be allowed if the Office is satisfied that the failure to file the application within the 12 month priority period was unintentional or that it occurred in spite of due care required by the circumstances having been taken
JM.12 REINSTATEMENT OF RIGHTS
PCT Rule 49.6, PDA Sec. 19.4, PDA Sec. 19.5
Reinstatement of rights may be requested where the applicant unintentionally or in spite of due care required by the circumstances having been taken, failed to perform the acts referred to in Article 22 within the applicable time limit. The Registrar shall not refuse a request for reinstatement of rights without giving the applicant the opportunity to make observations on the intended refusal within a reasonable time
JM.13 UTILITY MODEL
If the applicant wishes to obtain a utility model on the basis of an international application in addition to a patent, the applicant, when performing the acts referred to in PCT Article 22 or 39(1), shall so indicate to the designated Office
JM.14 CONVERSION
PDA Sec. 76
An international application for a patent may be converted into a utility model, and vice-versa, after the applicant has complied with the requirements for entry into the national phase. Conversion may be requested at any time before the grant or refusal of the application. Conversion may only be requested once. The conversion is subject to the payment of a fee indicated in Annex JM.I

Annexes

Annex JM.I - Fees
Patents
Filing fee
30,000 JMD
Divisional application
30,000 JMD
Registration of an assignment
6,700 JMD
Appointment or change of an agent
4,500 JMD
Change in name or address of an applicant
4,500 JMD
Publication of translation:
— up to 4 pages
3,500 JMD
— for each page in addition to 4 pages
500 JMD
Application to register an assignment
6,700 JMD
Amendment of specification
10,000 JMD
Conversion of a patent application into a utility model application
5,000 JMD
Restoration of the right of priority
3,500 JMD
Annual fees:
— upon the 1st anniversary
2,500 JMD
— upon the 2nd anniversary
4,500 JMD
— upon the 3rd anniversary
5,000 JMD
— upon the 4th anniversary
6,500 JMD
— upon the 5th anniversary
9,500 JMD
— upon the 6th anniversary
11,000 JMD
— upon the 7th anniversary
13,000 JMD
— upon the 8th anniversary
16,000 JMD
— upon the 9th anniversary
19,000 JMD
— upon the 10th anniversary
24,000 JMD
— upon the 11th anniversary
25,000 JMD
— upon the 12th anniversary
26,000 JMD
— upon the 13th anniversary
27,000 JMD
— upon the 14th anniversary
31,000 JMD
— upon the 15th anniversary
37,000 JMD
— upon the 16th anniversary
42,000 JMD
— upon the 17th anniversary
65,800 JMD
— upon the 18th anniversary
75,000 JMD
— upon the 19th anniversary
100,000 JMD
Late payment of the annual fee:
25% of the applicable annual fee
Utility models:
Filing fee
10,000 JMD
Conversion of a utility model application into a patent application
5,000 JMD
How can payment of fees be effected?
All fees must be paid in Jamaican dollar by charging a deposit account held be the Office. All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex JM.II - Form 1 (Application for a Patent)
Annex JM.III - Form 8 (Payment of Annual Fee)
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office.
2 a b c This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17
3 a b c d If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of the invitation by the Office. The Office will charge a fee for compliance with that requirement in response to the invitation. For the amount of the fee refer to Annex JM.I
4 a b If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 18 Apr 2024
1.7 #53 - 2023-12-08T16:08:50.921+01:00