PATENTS
Patent Law in Solomon Islands
The law that govern patents in Solomon Islands is Registration of UK Patents Act (Cap 179) (1992) and United Kindom Designs (Protection) Act (Cap 181) (1978).
* A patent application of Solomon Island must be based on a UK patent. There is not legal provision for a EP (UK) patent can form the basis of a patent in Solomon Islands. However, in the practice they are accepted.
* The Solomon Islands are not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.
Deadline to extend UK patent in Solomon Islands
The owner of a UK patent can apply for registration of the UK patent in Solomon Islands within three years of the date of grant of the UK patent application in Solomon Islands.
Documents required
- Power of Attorney (POA) simply signed
- Certified copy of the UK patent registration with full specifications.
Solomon Islands is member of the following IP agreements and conventions
Berne Convention (2019)
WIPO Convention (2019)
Solomon Islands Patent Registration Procedure
Filing
The patent application is filed at the Registrar General Office of Solomon Islands (RGO).
Examination
The Registrar will conduct a formalities check and inspection in order know if the application meet all law requirements.
Publication/opposition
There is not provisions for publication/opposition
Grant
If there is not obstacles, the patent will be registered and the Registrar will issued the Patent Certificate of Solomon Islands.
Duration
The Solomon Islands Patent Registration will be in force up to the expiration of the UK patent registration.
Timeframe
The approximate time of registration in the Solomon Islands Patent is from 24 to 36 months.
TRADEMARKS
Solomon Islands Trademark Law
The law that govern trademarks inn Solomon Islands is The Registration of United Kingdom Trade Marks Ordinance [Chapter 180] in force since 20 June 1939.
* A trade mark application must be based on a UK registration.
However, it is not possible to rely on a Madrid registration designating UK as the basis for a Solomon Islands trade mark application.
The Solomon Islands are not a member of the Madrid Agreement, the Madrid Protocol or the European Union.
Trademark protection is obtained by registration.
Currently, Solomon Islands are reviewing its draft Intellectual Property (IP) legislation, which will modernise the country’s current laws.
* In the Solomon Islands, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction.
There is no provision in the Trademark law for service trademarks, however they accepted in practice.
Solomon Islands is member of the following IP agreements and conventions
Berne Convention (2019)
WIPO Convention (2019)
Trademark Applications in Solomon Islands can cover:
• goods and services
• more than one class of goods or services
• a series of trade marks
• colours, shapes, sounds, or smells.
Classification
Nice classification, 11th edition. Multiple-class applications are possible. An application can include goods and services in any number of classes. There are no additional charges for each additional class.
Document required
- Power of Attorney (POA) simply signed.
- Certified copy of the UK patent registration with full specifications.
Solomon Islands Trademark Registration Procedure
The application is filed at the Registrar-General’s Office.
A trademark application must be based on a national UK registration certificate issued by the United Kingdom Comptroller-General. Once the application is lodged, the Registrar is required to enter the particulars in the Trade Marks Register and issue the applicant with the registration certificate.
* There is no requirement for publication or opposition.
National Opposition Period
There is no opposition period. Applications are to be registered as of right without publication or opposition.
Timeframe
The approximate time frame for completing the registration process of a trademark in the Solomon Islands is from 24 to 36 months.
Duration
Solomon Islands Trademark Protection begins from the date of the registration of the corresponding United Kingdom trade mark.
* A trademark registration is valid for the duration of the corresponding United Kingdom registration in respect of the goods and services which the trade is registered in the Solomon Islands.
Use
The prior use of the trademark in the Solomon Islands is not necessary in order to extend a UK registration. Therefore, there is not provisions for cancellation of a trademark on the basis of non-use.