PATENTS
 

Anguilla Patent Law
Patents in Anguilla are governed by the Patents Act in force from 12 August 2002. (Revised Statutes of Anguilla ("RSA"), Ch. P 15)., which determines what are "patentable inventions".
* Anguilla relies on the Paris Convention for Protection of Industrial Property signed in Paris on the 20th day of March, 1888 as amended from time to time.
* The Registrar relies on the International Patent Classification, as adopted under the Strasbourg Agreement of March 24, 1971, and updated in its subsequent editions.
* Patents can include Drawings (forming part of an application which can include flow sheets and diagrams) or Abstracts, (which can efficiently serve as a scanning tool for purposes of searching in the particular art)./
* On the filing of a Divisional Application an applicant may seek to benefit from any priority claimed for the initial application. In that event, the divisional application must contain a request to that effect. If there is a claim for priority in respect of 2 or more earlier applications, a divisional application may benefit only from the priority or priorities that are applicable to it.
* The registration in Anguilla of a UK patent confers on the holder the like privileges and rights, subject to the like conditions, as if the patent had been granted in the UK with an extension to Anguilla. Upon registration in Anguilla patent applications have priority in accordance with the Paris Convention.
There is two ways to register patent in Anguilla
* A patent based on an existing United Kingdom (UK) patent, within 3 years of the UK date of issue, registration will normally be granted. The patent will expire with the UK patent.
* A patent based on an existing European EP (UK) patent, within 3 years of UK date of issue, registration will normally be granted. The patent will expire with the EP (UK) patent.
Deadline to apply for a patent in Anguilla
A UK or European patent grantee may also re-register within 3 years of having obtained a UK grant, and by virtue of the Convention on the Grant of European Patents (The European Patent Convention).
Documents required in Anguilla:
- Power of Attorney (POA) duly notarized.
-  A certified copy or original Patent Certificate of the Comptroller-General and a copy of the formulation/specification.
- Affidavit of Use.
Anguilla Patent Registration Procedure
Filing
The patent application is filed at the Anguilla Commercial Registry Department (ACORN).
Examination
The patent application in Anguilla goes through a formal examination that will check the application meet all Anguilla Patent Act requirements.
Publication
The patent application has to be published in the Anguilla Newspaper for 2 months period before a Certificate of Registration can be issued. 
Opposition
The opposition period is 2 months in Anguilla
Grant
If not obstacles have been found, the registrar of Anguilla will issue to the applicant a certificate of registration.
Publication of grant
After the patent have been registered it is published again.  
Timeframe
The patent registration process in Anguilla usually takes 6 months from submission of all documents required (examination and publication) to the issue of the registration certificate.
Duration
A patent is protected in Anguilla for 20 years from the date of filing or in accordance with the UK or EP patent being extended.
Annuities
* Patents are non-renewable, however in order to maintain the patent or application, a prescribed annual fee becomes payable to the Registrar beginning one (1) year after the filing date application.
* In relation to UK-based patent annuities are payable from the anniversary of the filing date in the. A certified copy of the extract must be submitted to the Registry each year with the fee.
* A grace period of six months is allowed for the payment of the annuity. However, if the annual fee is not paid, the patent application will be deemed to have been withdrawn or the patent will lapse. The fee is due on the anniversary of the filing date. Annuities for a PCT issued patent are due on the same date. When the annuity has been paid the Registry will issue an official receipt.
Assignment in Anguilla
Please inform us as soon as possible if the patent has been assigned so that we can file an application to record the assignment in Anguilla (and the if necessary). To record the assignment of a national patent registration the documentation required is a request for the assignment, a certified copy of the Deed of Assignment and a Power of Attorney (notarized). To record the assignment of a UK-based patent registration the documentation required is a request for the assignment, a certified copy of the extract showing the assignment and a Power of Attorney (notarized).

TRADEMARKS
 

Anguilla Trademark Law
The Trade Marks Act 2002 (Act 8)  in force from 12 August 2002. 
* The Trademarks Act provides for local trademark applications with registration dating from receipt of application. The Registration of UK Trade Marks Act provides for applications to extend rights under a UK registration to Anguilla with effect from the date of registration in the UK.
Classification
Nice classification 11th edition adopted. Multi-class applications are allowed. A list of the goods and/or services with respect to each class is required for registration must also be provided.
A UK-based application, however, is restricted to the number of classes specified on the UK Certificate.
There is to ways to register a trademark in Anguilla
- Local Trademark applications dating from receipt of the application.
- United Kingdom (UK) base. Extension of rights under a UK registration with effect from the date of registration in the UK.
Document required for National marks
- Power of Attorney (POA) duly notarized.
Document required for UK base marks
- Power of Attorney (POA) duly notarized.
- Certified true copy of the UK trademark certificate (for Uk based only)
Anguilla Trademark Registration Procedure
Filing
The trademark application is filed at the Anguilla Commercial Registry Department (ACORN).
Examination
Once an application for registration is filed, it is examined on relative grounds and absolute grounds (local applications only) to ensure that: it is not identical with, or is an imitation of or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organisation or organisation created by an international convention, unless authorized by the competent authority of that State or organisation, or is not similar to or confusingly similar to any other mark or registration, etc. 
Please, note that UK base application are not subject to examination just formalities checks.
Publication
The Trademark application has to be published in the Anguilla Newspaper for 2 months period before a Certificate of Registration can be issued. 
Opposition
The opposition period is 2 months,  if any person  has not been opposed within the prescribed time limit; the application is approved for grant.
Grant
If not obstacles have been found, the registrar of Anguilla will issue to the applicant a certificate of registration.  
Timeframe
The approximate time period between the filing date and the issue of the Certificate of Trademark Registration in Anguilla is usually 6 months for local trademark application and for UK base application 3 months. 
Duration
For local tradeamark applications: A trademark in Anguilla is valid for 10 years and may be renewed for further periods of 10 years each.
For UK base trademark application: The term of trademarks registered as UK extensions will be in force until the expiration of the UK trademark registration.
* The application for renewal should be filed within six (6) months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. 
Priority
Paris Convention priority can be claimed within 6 months of the filing date of the foreign trademark application. A certified copy of priority need to be filed if claimed.
Use
No prior use is necessary but non-use for five (5) years following registration will subject the mark to an action for cancellation.
Infringement of Trademark in Anguilla
Actions in Anguilla for infringement of a UK-based registration can only complain of infringement occurring after the date of registration in Anguilla.