A patent is the exclusive right to make, use, or sell an invention for a specified period of time. It is the legal title granted to protect an invention. An invention is a product or process that provides a new way of doing a particular thing, or provides a new technical solution to a problem.
The main benefit of a patent is that it gives the owner of the patent the exclusive right to the patent. The patent protects a patent owner from the commercial exploitation of his or her invention without the patent owner’s consent. The patent owner may authorize others to exploit his or her invention by granting a patent licence. The patent owner can also enforce his or her patent rights in the Supreme Court of Belize. Another benefit of a patent lies in the fact that it facilitates the exchange of technical information contained in patent documents between the countries concerned and also within the scientific community concerned, that is, the inventors and industry working in the relevant field.
A patent may be granted only for an invention which satisfies the following conditions –
You apply for a grant of a patent (including divisional patent) –
Products or processes are classified in accordance with the 8thEdition of the Strasbourg Agreement Concerning the International Patent Classification (IPC). The link to the “List of Sections of the IPC” can be found on the weblink www.wipo.int/classifications/en/index.html located in the E-Library.
You apply for withdrawal of a patent application –
The date of grant of a patent is the date of publication of a notice of the grant of the patent in the Intellectual Property Journal.
A patent shall expire twenty years after the filing date of the application. The duration of protection of an international application filed under the Patent Cooperation Treaty (PCT), is twenty years from the international filing date.
You surrender a patent –
You apply for restoration or re-registration of a patent –
You oppose the surrender or restoration of a patent –
The prescribed time for submitting a notice of opposition to the surrender or restoration of a patent is thirty days from the date of publication of the notice of application for surrender or restoration of a patent. The notice of application for surrender or restoration of a patent is published in one issue of the Intellectual Property Journal.
You answer a notice of opposition for surrender or restoration of a patent –
The prescribed time for submitting an answer to a notice of opposition is thirty days from the date of publication of the notice of opposition to the surrender or restoration of a patent. The notice of opposition to the surrender or restoration of a patent is published in one issue of the Intellectual Property Journal.
A patent is maintained by paying, in advance to the Office for each year, the following prescribed annual fees –
The fee for late payment (within six months after anniversary of filing) of the annual fee is BZ$100.00.
The renewal fee must be accompanied by a renewal application letter or email.
The patent registration will lapse if the applicant or patentee fails to pay the late payment fee within six months after the anniversary of filing. A lapsed patent can be restored by re-registration. The prescribed time for submitting a restoration or re-registration application is twelve months.
Yes. An applicant for registration of a patent can claim priority from an earlier application filed in or for a country which is party to the Paris Convention for the Protection of Industrial Property or any member of the World Trade Organization. The priority claim must be made within one year of the earlier application. The date of filing of such an application for the purposes of the Belize registration shall be the date of filing of the Belize application.
You can apply for recordal of a transfer or assignment of a patent application or patent registration –
You can apply for recordal of a change of name/address/other change in the Register of Patents or amendment to a patent –
You can apply for recordal of a licence-contract or cancellation of a record of a licence-contract or recordal of a transfer of a licence-contract –
You can apply for recordal of a sub-licence-contract or cancellation of a record of a sub-licence-contract or recordal of a transfer of a sub-licence-contract –
A utility model certificate is the legal title granted to protect an invention that is new and industrially applicable. Unlike a patent, a utility model does not require an inventive step. A utility model certificate shall expire seven years after the filing date of the application and shall not be renewed.
A utility model certificate can be obtained by filing the same forms required for a grant of a patent. The fees for obtaining a utility model certificate are BZ$300 (application/grant fee), BZ$250 (publication fee) and BZ$50 (address for service feefor an applicant whose residence or principal place of business is outside Belize or for a local applicant who is applying through an attorney). The small entity fee is BZ$300.00 (filing/grants fees). The registered owner of a utility model certificate is not required to pay any annual renewal fees in order to maintain the grant.
An applicant for a utility model certificate may convert his or her application into an application for a patent (or vice versa), at any time before the grant or refusal of a utility model certificate.
You can change an agent –
You can apply for an extension of time –
The PCT is a World Intellectual Property Organisation administered treaty that provides for the filing of international applications with a view to obtaining patent protection in a large number of countries. The PCT provides a simplified procedure for an inventor or applicant to apply for and eventually to obtain patents.
The application is processed through several stages. The first stage is the general stage and it is known as the international phase. There are four main steps in the international phase. The first step is the filing of the international application, designating countries of interest (designated offices); the second step is the international search; the third step is the international publication; and the fourth step is the international preliminary examination.
If the applicant wishes to go ahead with his application, he then proceeds to the second stage of the PCT process, which is known as the national or regional phase. This national or regional phase involves the filing of patent applications in the intellectual property offices of the different designated countries, which are still of interest to the applicant.
The Intellectual Property Office acts as a Receiving Office in respect of any international application filed with it by a resident or national of Belize. The Intellectual Property Office also acts as a Designated Office in respect of an international application in which Belize is designated, and as an Elected Office in respect of an international application in which Belize is designated if the applicant elects Belize for the purposes of an international preliminary examination.
The elements making up a PCT international application are –
The fees for a PCT international application originating from Belize are–
The elements which may accompany a PCT international application are –
Source: www.wipo.int
The physical requirements of a PCT international application are –
The full lists of PCT forms and fees for the international phase can be found on www.belipo.bz/e-library (under the ‘Intellectual Property Research Links’ Section).
Source: www.wipo.int
All documents for filing shall be in English. Where a different language is used the documents shall be accompanied by an English translation.
issue filing date stamp for patent applications meeting filing requirements |
within 1 week from date of receipt of application |
issue confirmation of national entry for PCT applications meeting entry requirements/ accounting action |
within 1 week from date of receipt of application |
data capture |
within 2 weeks from date of receipt of application |
physical requirements check and data entry validation |
within 3 weeks from date of receipt of application |
first substantive examination action (including all known objections to patentability)/ notice of patent grant |
within 30 months from date of receipt of application within 2 months for patent applications that satisfy patentability requirements |
final substantive examination action |
within 30 months from date of receipt of response to first substantive examination action |
issue a patent registration certificate |
within 30 months from date of receipt of application within 2 months for patent applications that satisfy patentability requirements |
process a patent renewal/recordal application/update database |
within 4 weeks from date of receipt of application |
You can contact BELIPO through the following –
Belize Intellectual Property Office (BELIPO)
23 Garbutt Creek Street
P.O. Box 592
Belmopan, Belize
Phone: 501-822-1381/822-2073
E-mail: belipo@btl.net/ info@belipo.bz
Website: www.belipo.bz
Whilst BELIPO takes all reasonable care in the provision of its services, it does not guarantee the accuracy of its publications, data records or advice, nor accept any responsibility for errors or omissions or their consequences.
The information available in this publication should not be regarded as being a complete and authoritative source of intellectual property information, and readers are advised to consult the relevant legislation before acting on anything contained in this publication.