PCT Applicant's Guide Saint Kitts and Nevis

Applicable as from 15 September 2023

(published on 31 October 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.
GENERAL INFO: Contact details

Consult the full list of the changes

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: Intellectual Property Office of St. Kitts and Nevis

PA: Patents Act of December 31, 2002

PR: Patents Regulations of the Patents Act of December 31, 2002

List of currencies used in this document:

CHF (Swiss franc), 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:

Saint Kitts and Nevis

Two-letter code:

Name of Office:

Intellectual Property Office of St. Kitts and Nevis

Location:

P.O. Box 693
George Street
Basseterre
Saint Kitts
Saint Kitts and Nevis

Mailing address:

Same as above

Telephone:

(1-869) 467 19 76
(1-869) 467 19 77
(1-869) 467 19 78

E-mail:

ipo@gov.kn

Website:

http://www.ipo.gov.kn

Facsimile:

None

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

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

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:

IB,

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 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

Competent receiving Office for nationals and residents of:

Saint Kitts and Nevis

Language in which international applications may be filed:

English

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?

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:

EP,

Competent International Preliminary Examining Authority:

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

50 XCD

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in XCD of 1,330 CHF

Fee per sheet in excess of 30:

Equivalent in XCD of 15 CHF

Search fee:

Equivalent in XCD of the search fee payable to the International Searching Authority chosen by the applicant:
Refer to
Annex D(EP)
Annex D(US)

Fee for priority document (PCT Rule 17.1(b)):

50 XCD

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

50 XCD

Is an agent required by the receiving Office?

No, if the applicant resides in Saint Kitts and Nevis
Yes, if the applicant is a non-resident

Who can act as agent?

A list of registered agents may be obtained from the Office.

Any attorney or lawyer registered in Saint Kitts and Nevis

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

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).

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?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Patents

Filing fee

400 XCD

For utility certificate

Filing fee

400 XCD

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

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

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.

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

Evidence of entitlement to claim priority where the applicant is not the applicant who filed the earlier application

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

Instrument of assignment of the international application if the applicant has changed after the international filing date

Appointment of an agent if the applicant is not a resident of Saint Kitts and Nevis

Who can act as agent?

Any attorney or lawyer registered in Saint Kitts and Nevis

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

KN.01 FORM FOR ENTERING THE NATIONAL PHASE

PR Sec. 3
The Office has available a special form for entering the national phase. This form should preferably (but need not) be used.

KN.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

KN.03 FEES (MANNER OF PAYMENT)

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

KN.04 LACK OF UNITY OF INVENTION

PA Sec. 17
In case of lack of unity of invention, the applicant shall file divisional applications in respect of the additional inventions claimed in the international application and pay filing fees for each divisional application.

KN.05 APPOINTMENT OF AGENT

PA Sec. 60
If the applicant is not resident in Saint Kitts and Nevis, an agent shall be appointed. Any attorney or lawyer resident in Saint Kitts and Nevis and registered to practice in Saint Kitts and Nevis may act as agent.

KN.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PA Sec. 18, PCT Art. 28, PCT Art. 41
The applicant may amend the international application at any time before a patent is granted, provided that the scope of the subject matter of the application is not broadened thereby.

KN.07 ANNUAL FEES

PA Sec. 27
Annual fees shall be paid to the Office each year starting one year after the filing date. A period of grace of six months shall be allowed for the late payment of the annual fee on payment of the prescribed surcharge. The amounts of the annual fees and the surcharge are indicated in Annex KN.I.

KN.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.

KN.09 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

KN.10 UTILITY CERTIFICATE

PA Sec. 48, PA Sec. 49, PA Sec. 50, PA Sec. 51, PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1(c), PCT Rule 76.5
If the applicant wishes to obtain a utility certificate instead of a patent in Saint Kitts and Nevis on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

KN.11 CONVERSION

PA Sec. 21, PA Sec. 52
An international application for a patent may be converted into an application for a utility certificate, and vice versa, at any time before the patent or the utility certificate is granted or before the application is refused, upon request of the applicant and upon the payment of the prescribed fee. The fee for conversion is indicated in Annex KN.I.

KN.12 RESTORATION OF THE RIGHT OF PRIORITY

PCT Rule 49ter.2
Where the international application was filed within two months from the end of the period for claiming priority of an earlier application, a request for restoration of the right of priority may be made to the Office in accordance with the national law (refer to National Phase, paragraphs 6.006 to 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 occurred in spite of due care required by the circumstances or was unintentional. The time limit for filing the request is one month from the date of entry into the national phase.

Annexes

Annex KN.I - Fees

Patents

Filing fee

400 XCD

Fee for publication

50 XCD

Fee for amendment of the application

75 XCD

Annual fees:

— for the 1^st to the 3^rd year, per year

100 XCD

— for the 4^th to the 7^th year, per year

300 XCD

— for the 8^th to the 9^th year, per year

350 XCD

— for the 10^th to the 13^th year, per year.

400 XCD

— for the 14^th to the 20^th year, per year

50 XCD

Surcharge for late payment of annual fees

50 XCD

Opposition fee

100 XCD

Fee for restoration of the right of priority

50 XCD

Utility certificates

Filing fee

400 XCD

Fee for conversion

50 XCD

How can payment of fees be effected?

The payment of fees should be effected in East Caribbean dollar. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the type of fee being paid

Fees should be paid by cheque to the Accountant General.

Forms

Please refer to the Office.

Processing

WIPO - PCT Applicant's Guide KN - Saint Kitts and Nevis
Intellectual Property Office of St. Kitts and Nevis

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 KN - Saint Kitts and Nevis Intellectual Property Office of St. Kitts and Nevis

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide KN - Saint Kitts and Nevis
Intellectual Property Office of St. Kitts and Nevis