Patents - Filing Requirements


Patent Filing Requirements
  • No documents are required.

Notes
A patent can be registered in the Cayman Islands pursuant to The Patents and Trade Marks Law 2011 which only provides for applications to extend rights under an existing UK or European Community (EP) registration. An application for registration cannot be based on a pending UK or Community patent application.

The only information required is the UK or Community registration number. No further documentation is required.

Annuity Requirements
  • No documents are required.

Patent Search
  • No documents are required.

Patent Assignment
  • No documents are required.

Notes
Before an assignment can be recorded against a Cayman Islands trademark, the same must be first recorded against the underlying registration in the UK or OHIM.

Any change in the underlying UK or OHIM registration must be recorded in the Cayman Islands within two months of the change being recorded in the UK or OHIM. If the change is not recorded within this time then the rights protected by the registration will be placed in abeyance. This will effectively prevent any enforcement action being taken.

Patent Merger
  • No documents are required.

Notes
Before a merger can be recorded against a Cayman Islands trademark, the same must be first recorded against the underlying registration in the UK or OHIM.

Any change in the underlying UK or OHIM registration must be recorded in the Cayman Islands within two months of the change being recorded in the UK or OHIM. If the change is not recorded within this time then the rights protected by the registration will be placed in abeyance. This will effectively prevent any enforcement action being taken.

Patent Recordal of Change
  • No documents are required.

Notes
Before a change can be recorded against a Cayman Islands trademark, the same must be first recorded against the underlying registration in the UK or OHIM.

Any change in the underlying UK or OHIM registration must be recorded in the Cayman Islands within two months of the change being recorded in the UK or OHIM. If the change is not recorded within this time then the rights protected by the registration will be placed in abeyance. This will effectively prevent any enforcement action being taken.

Patent License
  • No documents are required.

Notes
There is no provision under the Cayman Islands law for the recording of license.

The only way a license can be protected is by:
1- Registering the patent in the Cayman Islands and recording the license in the UK or Community.
2- Ensuring that the license either requires the proprietor of the patent to take legal action if necessary to protect the rights of the license or gives the license the right to sue in the Cayman Islands in the name of the proprietor to protect their interests.
3- Lodging a copy of the UK or Community registered entries, including details of the license at the Registry. This is not the same as recording the license, but does put anyone inspecting the public record on notice.