PCT Applicant's Guide Jamaica EQE - Valid as from 31 Oct 2023

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:

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:

https://www.jipo.gov.jm

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)?

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,

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.

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?

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

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:

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,

AU,

CA,

Competent International Preliminary Examining Authority:

AT,

AU,

CA,

EP 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?

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 1^st anniversary

2,500 JMD

— upon the 2^nd anniversary

4,500 JMD

— upon the 3^rd anniversary

5,000 JMD

— upon the 4^th anniversary

6,500 JMD

— upon the 5^th anniversary

9,500 JMD

— upon the 6^th anniversary

11,000 JMD

— upon the 7^th anniversary

13,000 JMD

— upon the 8^th anniversary

16,000 JMD

— upon the 9^th anniversary

19,000 JMD

— upon the 10^th anniversary

24,000 JMD

— upon the 11^th anniversary

25,000 JMD

— upon the 12^th anniversary

26,000 JMD

— upon the 13^th anniversary

27,000 JMD

— upon the 14^th anniversary

31,000 JMD

— upon the 15^th anniversary

37,000 JMD

— upon the 16^th anniversary

42,000 JMD

— upon the 17^th anniversary

65,800 JMD

— upon the 18^th anniversary

75,000 JMD

— upon the 19^th 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 ^aThe Office is competent only if the international search is or has been carried out by that Office.
² ^a ^b ^cThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17
³ ^a ^b ^c ^dIf 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 ^bIf 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.

Processing

JM - Jamaica
Jamaica Intellectual Property Office (JIPO)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

JM - Jamaica Jamaica Intellectual Property Office (JIPO)

Error Information Warning Confirmation

JM - Jamaica
Jamaica Intellectual Property Office (JIPO)