PCT Applicant's Guide Antigua and Barbuda - Valid as from 15 Sep 2023

Applicable as from 15 September 2023

(published on 21 June 2024)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.

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: Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO)

PA: The Patents Act, No. 22 of 2018

PR: The Patent Regulations, No. 41 of 2018

List of currencies used in this document:

XCD (East Caribbean 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:

Antigua and Barbuda

Two-letter code:

Name of Office:

Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO)

Location:

Hewlett House
St. John’s Street
Saint John’s
Antigua
Antigua and Barbuda

Mailing address:

Same as above

Telephone:

(1-268) 562 54 40

E-mail:

abipco@antigua.gov.ag

Website:

http://abipco.gov.ag

Facsimile:

(1-268) 562 54 38

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes

within 14 days from the date of the transmission, if the transmitted document is an international application or a replacement sheet containing corrections or amendments of an international application

only upon invitation in the case of other documents

Does the Office send notifications via e-mail in respect of international applications?

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)?

Yes

provided that the delivery service is:
Federal Express
Parcel Plus
UPS

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)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

Refer to corresponding Annex C

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 model certificates

Availability under the national law for an international-type search (PCT Article 15):

None

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:

Must be in the request. 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

The Office does not act as receiving Office

This Office has delegated its RO functions to RO/IB. Refer to Annex C(IB) for more information.

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 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 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:

Patents

Filing fee

800 XCD

Utility certificates

Filing fee

400 XCD

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

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

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 indicated in the invitation.

Document evidencing a change of name of the applicant if the change occurred after the international filing date

Declaration as to the applicant’s entitlement to apply for and be granted a patent

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Declaration as to the applicant’s entitlement to claim priority of the earlier application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Translation to be furnished in two copies

Statement justifying the applicant’s right to the patent where the applicant is not the inventor

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent if the applicant is not resident in Antigua and Barbuda

Instrument appointing the agent (authorization or power of attorney)

Who can act as agent?

Any attorney at law resident in Antigua or Barbuda or any patent agent registered before the Office

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

AG.01 TRANSLATION (CORRECTION)

PCT Rule 51bis1(e)
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).

AG.02 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex AG.I.

AG.03 ANNUAL FEES

PA Sec. 26(2), PA Sec. 26(3), PA Sec. 26(4), PA Sec. 26(5)
Annual fees are payable in advance for each year starting one year after the filing date of the application for the grant of a patent. Where the period prescribed for the payment of the annual fee expires and payment of the said fee has not been made, the Registrar shall give the owner of the patent or the applicant, as the case may be, a period of grace not exceeding six months, within which he must pay the annual fee together with the surcharge for late payment of the annual fee (the amounts of the annual fees and the surcharge fee for late payment are indicated in Annex AG.I). If annual fees are not paid within the applicable time limit the patent shall lapse.

AG.04 REPRESENTATION

PA Sec. 58(1)
If the applicant has neither a residence nor a principal place of business in Antigua and Barbuda, he shall be represented by an agent registered before the Registrar of the Office, resident and practicing in Antigua and Barbuda.

AG.05 APPOINTMENT OF AN AGENT

PR Sec. 47(1), PR Sec. 47(2), PR Sec. 47(3)
The appointment of an agent shall be made by an authorization of agent set out in Form No. 7 (Annex AG.II) which shall be signed by the applicant or, if there are more than one, by each applicant. An attorney at law, resident in Antigua and Barbuda, who is the holder of a valid practicing certificate issued in Antigua and Barbuda may be appointed as an agent. An agent, resident in Antigua and Barbuda, who is not an attorney at law shall apply to the Registrar to be registered as an agent admitted to represent applicants before the Office upon payment of the prescribed fee.

AG.06 EXAMINATION

PA Sec. 24(1), PA Sec. 24(2), PA Sec. 24(3)
A patent will be granted only after examination as to substance which must be requested by the applicant within six months after the publication of the application in the Official Gazette and is subject to payment of a fee. If the request for examination is not submitted within the prescribed time limit, the application shall be deemed abandoned.

AG.07 AMENDMENT OF THE APPLICATION

PA Sec. 17
The applicant may, upon payment of the prescribed fee, at any time before the patent is granted, make amendments to his application, provided that the amendment does not go beyond the original disclosure. The amount of the fee is indicated in Annex AG.I.

AG.08 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.

AG.09 REVIEW UNDER ARTICLE 25 OF THE PCT

The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

AG.10 REINSTATEMENT OF RIGHTS

PCT Rule 49.6, PA Sec. 51(8)
Reinstatement of rights may be requested where the applicant, 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. A request for reinstatement must be presented in writing within two months from the removal of the cause of the failure to observe the time limit or twelve months from the date of expiration of the applicable time limit, whichever time limit expires earlier. The Office shall not refuse a request for reinstatement of rights without giving the applicant the opportunity to make observations on the intended refusal within a time limit which shall be reasonable under the circumstances. The fee for reinstatement of rights is indicated in Annex AG.I.

AG.11 RESTORATION OF THE RIGHT OF PRIORITY

PCT Rule 49ter.2, PA Sec. 51(9)
A request for the restoration of the right of priority may be filed with the Office where the applicant unintentionally or in spite of all due care required by the circumstances, failed to timely file the international application within the priority period (refer to National Phase, paragraphs 6.006 to 6.011). The Office shall not refuse, totally or in part, a request for restoration of right of priority without giving the applicant the opportunity to make observations on the intended refusal within a time limit which shall be reasonable under the circumstances. The fee for restoration of the right of priority is indicated in Annex AG.I.

AG.12 UTILITY CERTIFICATE

PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PA Sec. 51(2)
If the applicant wishes to obtain a utility certificate on the basis of an international application instead of a patent, the applicant, when performing the acts referred to in PCT Article 22 or 39(1), shall so indicate to the designated Office.

AG.13 CONVERSION

PA Sec. 21(1), PA Sec. 49(1)
An international application for a patent may be converted into a utility certificate application and vice versa at any time before the grant of a patent. The conversion is subject to the payment of a fee indicated in Annex AG.I.

Annexes

Annex AG.I - Fees

Patents

Filing fee:

800 XCD

Fee for each claim in excess of 20:

10 XCD

Fee for each divisional application:

400 XCD

Fee for publication of the application:

75 XCD

Fee for grant:

1,000 XCD

Fee for publication of grant of patent:

50 XCD
plus amount payable to publisher

Annual fees:

— for the 2^nd year:

200 XCD

— for the 3^rd year:

300 XCD

— for the 4^th year:

400 XCD

— for the 5^th year:

500 XCD

— for the 6^th year:

600 XCD

— for the 7^th year:

700 XCD

— for the 8^th year:

800 XCD

— for the 9^th year:

900 XCD

— for the 10^th year:

1,000 XCD

— for the 11^th year:

1,100 XCD

— for the 12^th year:

1,200 XCD

— for the 13^th year:

1,300 XCD

— for the 14^th year:

1,400 XCD

— for the 15^th year:

1,500 XCD

— for the 16^th year:

1,600 XCD

— for the 17^th year:

1,700 XCD

— for the 18^th year:

1,800 XCD

— for the 19^th year:

1,900 XCD

— for the 20^th year:

2,000 XCD

Fee for late payment of the annual fee:

400 XCD

Fee for conversion of application:

400 XCD

Fee for reinstatement of rights:

800 XCD

Fee for restoration of the right of priority:

800 XCD

Utility certificates

Filing fee:

400 XCD

Fee for each divisional application:

200 XCD

Fee for conversion:

400 XCD

How can payment of fees be effected?

All fees must be paid in East Carribean dollar; payments may be made in cash, by check or by any other means prescribed by the Registrar upon consultation with and subject to the written consent by the Minister. Fees that are paid by check, shall be made to the Registrar. 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 AG.II - Power of attorney

Processing

WIPO - PCT Applicant's Guide AG - Antigua and Barbuda
Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO)

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

WIPO - PCT Applicant's Guide AG - Antigua and Barbuda Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide AG - Antigua and Barbuda
Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO)