PCT Applicant's Guide Trinidad and Tobago

Applicable as from 1 July 2024

(published on 23 August 2024)

Summary of latest changes in this version
RO: RO fees

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Nov 2023, 1 Jan 2024, 1 Mar 2024, Current Version

Advance notice: The Office has notified the IB of changes entering into force soon; you can already consult the changes that will be effective from 1 Dec 2024.

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, Office of the Attorney General and Ministry of Legal Affairs (Trinidad and Tobago)

TTP: Trinidad and Tobago Patents Act, 1996

TTR: Trinidad and Tobago Patents Rules, 1996

List of currencies used in this document:

TTD (Trinidad and Tobago dollar), USD (US 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:

Trinidad and Tobago

Two-letter code:

Name of Office:

Intellectual Property Office, Office of the Attorney General and Ministry of Legal Affairs (Trinidad and Tobago)

Location:

3^rd Floor
Capital Plaza 11-13
Frederick Street
Port of Spain
Trinidad and Tobago

Mailing address:

Same as above

Telephone:

(1-868) 226 44 76

E-mail:

info@ipo.gov.tt

Website:

http://www.ipo.gov.tt

Facsimile:

(1-868) 226 51 60

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

No, only upon invitation in the case of other documents

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:

DHL,

Federal Express

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)(a), 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:

Trinidad and Tobago

Language in which international applications may be filed:

English

Language accepted for language-dependent free text in the sequence listing:

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?

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 RO”).

Where the international application contains a sequence listing as a separate part of the description, this must 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 4 May 2023, pages 104 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, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

AT,

EP,

CL,

SE,

SG,

Competent International Preliminary Examining Authority:

AT,

CL,

SE,

The Office is competent only if the international search is or has been carried out by that Office, by the Austrian Patent Office or by the Swedish Intellectual Property Office (PRV).

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:

750 TTD

International filing fee:

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

1,457 USD

Fee per sheet in excess of 30:

16 USD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

219 USD

Electronic filing (the request, description, claims and abstract in character coded format):

329 USD

Search fee:

Fee payable in USD

Refer to
Annex D(AT)
Annex D(CL)
Annex D(EP)
Annex D(SE)
Annex D(SG)
Annex D(US)

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

50 TTD
per page, plus 5 TTD

Is an agent required by the receiving Office?

Who can act as agent?

Any person admitted to practice as a patent agent in Trinidad and Tobago. A list of patent agents admitted to practice may be obtained from the Office

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)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

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, as amended only, 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, only as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Patents

Filing fee

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

2,000 TTD

Fee for search and substantive examination

1,500 TTD

Annual fee for the first three years

1,000 TTD

Utility certificates

Filing fee

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

1,000 TTD

Exemptions, reductions or refunds of fees:

None

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

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.

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.

Statement justifying the applicant’s right to the patent if he 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 a citizen or a permanent resident of Trinidad and Tobago or if his principal place of business is outside Trinidad and Tobago

Who can act as agent?

Any agent admitted to practice as a patent agent in Trinidad and Tobago. A list of patent agents admitted to practice may be obtained from the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

TT.01 TRANSLATION (CORRECTION)

TTP Sec. 37
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).

TT.02 FEES (MANNER OF PAYMENT)

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

TT.03 POWER OF ATTORNEY

An agent must be appointed by filing a power of attorney. No special form is required.

TT.04 EXAMINATION

TTP Sec. 24
The Office will cause international applications to be subjected to a search and a substantive examination upon payment of the prescribed fee the amount of which is set out in Annex TT.I.

TT.05 INVENTOR

TTP Sec. 17
The indication of the name and address of the inventor may be furnished later than at the time of filing. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within three months from the date of receipt of the invitation.

TT.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, TTP Sec. 26, TTR 40
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.

TT.07 ANNUAL FEES

TTP Sec. 30, TTR 42(11)
Annual fees shall be paid to the Office from the international filing date and must be paid before the corresponding year of validity begins. Where Article 22 applies, any annual fees are due within 21 months from the priority date; where Article 39(1) applies, any annual fees are due within 31 months from the priority 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 TT.I.

TT.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis, TTR 48
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Most time limits may be extended at the discretion of the Office, and such extensions may be granted even when the time or period for doing the required action has already expired.

TT.09 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, TTP Sec. 80, TTP Sec. 81
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the High Court within three months from the date of the decision.

TT.10 UTILITY CERTIFICATE

PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1(c), PCT Rule 76.5, TTP Sec. 64, TTP Sec. 65, TTP Sec. 66, TTP Sec. 67, TTP Sec. 68, TTP Sec. 69
If the applicant wishes to obtain a utility certificate instead of a patent in Trinidad and Tobago on the basis of an international application, for international applications filed before 1 January 2004, it must have been indicated in the international application (in Box No. V of the request) when filed; for international applications filed on or after 1 January 2004, since the request form no longer provides for the furnishing of such an indication, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

TT.11 CONVERSION

TTP Sec. 68
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 TT.I.

Annexes

Annex TT.I - Fees

Patents

Filing fee

2,000 TTD

Fee for search and substantive examination

1,500 TTD

Fee for grant (excluding publication fee)

500 TTD

Fee for application for correction of errors

150 TTD

Fee for amendment of the application at the request of the applicant

500 TTD

Fee for amendment of the application on invitation of the Controller.

250 TTD

Annual fees:

— for the 2^nd year

200 TTD

— for the 3^rd year

400 TTD

— for the 4^th year

400 TTD

— for the 5^th year

600 TTD

— for the 6^th year

900 TTD

— for the 7^th year

1,200 TTD

— for the 8^th year

1,600 TTD

— for the 9^th year

2,000 TTD

— for the 10^th year

2,400 TTD

— for the 11^th year

3,200 TTD

— for the 12^th year

4,200 TTD

— for the 13^th year

5,200 TTD

— for the 14^th year

6,200 TTD

— for the 15^th year

7,200 TTD

— for the 16^th year

8,400 TTD

— for the 17^th year

9,600 TTD

— for the 18^th year

10,800 TTD

— for the 19^th year

12,000 TTD

— for the 20^th year

13,200 TTD

Surcharge for late payment of annual fees

10% of overdue fee

Utility certificates

Filing fee

1,000 TTD

Fee for conversion

200 TTD

How can payment of fees be effected?

All fees must be paid to the Office, in the form of certified checks payable to “The Controller, Intellectual
Property Office”, or at any District Revenue Office in Trinidad and Tobago.

Forms

Please refer to the Office.

Processing

WIPO - PCT Applicant's Guide TT - Trinidad and Tobago
Intellectual Property Office, Office of the Attorney General and Ministry of Legal Affairs (Trinidad and Tobago)

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 TT - Trinidad and Tobago Intellectual Property Office, Office of the Attorney General and Ministry of Legal Affairs (Trinidad and Tobago)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide TT - Trinidad and Tobago
Intellectual Property Office, Office of the Attorney General and Ministry of Legal Affairs (Trinidad and Tobago)