{"kind":"expression","expression":{"expr_id":"133","doc_id":"133","label":"2018 Revision","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2011\/30\/eng@2018-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2011\/30\", \"expression\": \"\/akn\/ky\/act\/2011\/30\/eng@2018-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2011\/30\/eng@2018-01-01.pdf\"}, \"pdf\": {\"md5\": \"a58796326ba665cb96628683cc28b91b\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2011\/2011-0030\/2011-0030_2018 Revision.pdf\", \"pages\": 14, \"filename\": \"2011-0030_2018 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 2999, \"paragraph_count\": 24, \"text_char_count\": 19867}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Patents Law SCHEDULE FEES Patents Law PATENTS LAW (2018 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Patents Law (2018 Revision). Interpretation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"(1) In this Law \u2014 \u201cextension\u201d, with respect to a patent right held in the United Kingdom, means the extension of such right to the Cayman Islands; \u201cowner\u201d, with respect to a patent right, includes a part owner and relates to ownership or proprietorship acquired directly or by assignment or otherwise and currently recognised in the United Kingdom; \u201cpatent\u201d means a current and effective grant in the United Kingdom of a monopoly in respect of an invention; \u201cpublic officer\u201d has the meaning assigned to that expression under section 124 of Schedule 2 to the Cayman Islands Constitution Order, 2009 [S.I. 2009\/1379]; \u201crecording\u201d means the making of an entry in the register maintained by the Registry; \u201cregistered agent\u201d means a person whose name is entered on the register of agents maintained by the Registrar pursuant to section 5(d); Patents Law \u201cRegistrar\u201d means the Registrar of Patents continued under section 4; \u201cRegistry\u201d means the Registry of Patents continued under section 3; \u201crepealed Law\u201d means Patents and Trade Marks Law (2010 Revision); and \u201cright\u201d with respect to a patent means a right currently held in the United Kingdom derived from a grant or registration thereof as the case may be according to the law there from time to time governing patents. (2) For the purposes of this Law \u2014 (a) a patent granted under the Convention on the Grant of European Patents designating the United Kingdom, and which under the law of the United Kingdom is treated as if it were a patent granted under such law; or (b) a patent granted under the Community Patent Convention, shall be deemed to be a patent granted in the United Kingdom. Continuation of Registry\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"The Registry shall continue in being subject to this Law. Continuation of Registrar and staff\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"The Registry shall be supervised by the Registrar who shall be a public officer and who shall be assisted by such other public officers as may be necessary for the proper functioning of the Registry. Duties of Registrar\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"The duties of the Registrar include \u2014 (a) supervision of the Registry and its staff; (b) receipt of applications for recording patent rights under this Law and the acceptance or rejection of such applications; (c) collection of appropriate fees payable upon applications, recordings and searches and accounting therefor to the general revenue of the Islands; and (d) maintenance of a register of persons who may act as registered agents in the Islands and who are recognised as such pursuant to section 6. Requirement for registered agent\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"(1) Subject to section 19, only a registered agent may transact business with the Registry under this Law. (2) Subject to subsection (3), a person legally and ordinarily resident in the Islands desirous of being recognised as a registered agent shall apply in writing to the Registrar and the Registrar shall determine the application in accordance with the regulations made under section 20. (3) An application under subsection (2) shall be accompanied by the processing fee specified in the Schedule. Patents Law (4) A registered agent shall pay the registered agent annual fee specified in the Schedule. (5) The owner of a patent recorded at the Registry as at the date of commencement of this Law, shall appoint a registered agent upon \u2014 (a) the next dealing with the Registry in relation to such patent; or (b) the payment of the next annual fee specified in section 12. (6) For the purpose of this section, legal and ordinary residence shall be determined in accordance with the Immigration Law (2015 Revision). Recording of patents Schedule\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"The owner of a patent right may by the duly authorised registered agent, on payment of the fees specified in the Schedule, apply to the Registrar to have such right extended to the Islands, and the Registrar on being satisfied that such application is in order shall record the extension of such right accordingly. Mode of recording rights\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"The recording of an extension to the Islands of a right in or to a patent shall be effected by an entry in the records of the Registry showing such particulars as may be prescribed. Effect of recording a patent\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"The effect of the recording of an extension to the Islands of a right in or to a patent is to afford in the Islands to the owner of the right so recorded all the equivalent rights and remedies available to the owner in respect of such patent in the United Kingdom. Repealed\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Repealed by section 12 of the Patent and Trade Marks (Amendment) Law, 2016 [Law 30 of 2016]. Period of validity and certificate of good standing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"(1) The protection and rights in the Islands conferred by section 9 shall date from the time such right arose in the United Kingdom and continue in force so long as the protection and rights remain in force in the United Kingdom except that no action for infringement of such right shall be entertained in the Islands in respect of any use of such protection or right prior to the time of the recording thereof in the Islands. (2) Subject to subsection (3), the Registrar may, where a request is made by a registered agent, issue a certificate of good standing to evidence that a patent has been recorded on the register and that all applicable annual fees and penalties have been paid. Patents Law (3) A request under subsection (2) shall be accompanied by the fee specified in the Schedule. Annual fee\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"(1) The owner of a patent recorded in the Registry shall, by his duly authorised registered agent, in January of each year, after the year of the initial recording, pay to the revenues of the Islands the annual fee specified in the Schedule. (2) A default in the payment of the annual fee specified in the Schedule by 31st March causes the rights protected by the recorded entry to be in abeyance as against the person in default from the relevant 1st April until the annual fee and penalty fee specified in the Schedule have been paid. Changes\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"(1) If the particulars of the grant or registration of a right recorded in the Registry are modified or changed in the United Kingdom or the European Community or there is a change of the registered agent, the owner thereof by the duly authorised registered agent shall notify the Registrar with full particulars and tender the fee specified in the Schedule for recording of a change of particulars and the Registrar shall record particulars of such change in the records of the Registry. (2) Notwithstanding subsection (1), a default in notification of a modification or change in the United Kingdom or European Community particulars referred to in subsection (1) within two months shall, until such notification is made, have the effect of causing the rights protected by the recorded entry to be in abeyance as against the person in default in respect of the period of default, such period being deemed to be from the date the change was recorded in the United Kingdom or the European Community until the date of the notification thereof to the Registrar with tender of the fee specified in the Schedule. Renewal of patent Schedule\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"(1) A patent currently recorded in the Islands may, on the application of the registered agent and payment of the fees specified in the Schedule, be renewed at any time if the rights have been renewed in the United Kingdom, all applicable annual fees and penalties have been paid and any change in the particulars since the initial recording of the extension have been recorded in the Islands. (2) If an application for renewal is filed more than two months after the expiry date recorded in the Islands a penalty fee shall be payable as specified in the Schedule. Patents Law Abandonment of patent\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"(1) The owner of a patent recorded in the Registry shall, by the duly authorised registered agent, notify the Registrar that a patent has been abandoned whereupon the rights protected by the recorded entry shall be held in abeyance and the Registrar shall record the patent as inactive. (2) The obligation to pay an annual fee pursuant to section 12 shall be suspended while the patent is inactive. (3) A registered agent may apply to re-activate a patent that has been abandoned under subsection (1) upon payment of the reactivation fee specified in the Schedule and the payment of the annual fees specified in the Schedule for the period the patent was suspended. 15A Assertion of patent infringement in bad faith 15A. (1) A person shall not make an assertion of patent infringement in bad faith in respect of an extension recorded under section 9 of this Law. (2) The Court shall not recognise or enforce a foreign judgment or give effect to an estoppel based on a foreign judgment insofar as the claim is based on an assertion of patent infringement made in bad faith. (3) A person who is aggrieved by acts carried out contrary to subsection (1) may bring an action in the Grand Court or may counterclaim in any action brought to purportedly to enforce rights conferred by a patent or an extension on the grounds that a person has made an assertion of patent infringement in bad faith. (4) The Court may award to a plaintiff who is successful in an action or counterclaim under subsection (3) one or more of the following remedies \u2014 (a) equitable relief; and (b) damages, including aggravated and exemplary damages. Cancellation of record\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"(1) Default in the payment of the annual fees and penalties for more than twelve months renders the record of a patent liable to cancellation by the Registrar. (2) The resignation of a registered agent with respect to a patent shall cause the record of such patent to be cancelled unless the owner of such patent appoints a new registered agent within sixty days of the Registrar being notified of the registered agent\u2019s resignation. (3) The owner of a patent whose record in the Islands has been cancelled under subsection (1) or (2) may reapply for recording again as though it were being recorded for the first time in accordance with section 9. (4) No liability shall attach for any act performed or thing done by the Registrar under this section. Patents Law Publication in Gazette\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"All recordings and cancellations of recordings made in the Registry (other than the recording of the expiry or abandonment of a patent or the appointment of a registered agent in respect of any patent) shall be published in the Gazette and such publication shall be prima facie evidence of the recordings and cancellations. Jurisdiction of Grand Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"The Grand Court shall have jurisdiction in all matters affecting the rights and remedies in the Islands of the owner of a right in or to a patent conferred by section 9. Searches\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"On payment of the fees specified in the Schedule, any member of the public may cause the Registrar to make search in the Registry for particulars of any recording contained in the Registry and the Registrar shall cause such search to be made and shall supply the applicant with the particulars for which the application has been made. Regulations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"The Cabinet may make regulations prescribing all matters that are required or permitted under this Law to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Law and, in particular, regulations \u2014 (a) prescribing the forms and procedures for the conduct of business with the Registry; (b) respecting assertions of patent infringement which are made in bad faith including \u2014 (i) prohibiting such assertions; (ii) the bringing of actions in the Grand Court by persons aggrieved by such assertions; and (iii) the award by the Grand Court of equitable relief and damages to persons aggrieved by such assertions; and (c) respecting applications for recognition as registered agents including \u2014 (i) any qualification to being recognised as such; and (ii) the payment of fees by applicants; or (iii) the exemption from applying to be recognised as a registered agent where the applicant is a recognised registered agent for patents or design rights. Repeal of Patents and Trade Marks Law 2010 Revision\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"The Patents and Trade Marks Law (2010 Revision) is repealed. Patents Law Amendment of Schedule\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"The Cabinet may by Order amend the Schedule. Savings, transitional and consequential provisions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"(1)  Every application for recording of a patent under section 7 or other matter under the repealed Law that has not been wholly dealt with by the Registry when this Law comes into force shall be taken to be an application made under this Law, and this Law shall apply accordingly. (2) Except as otherwise expressly provided in this Law every civil matter and proceeding commenced in any court under the repealed Law and pending or in progress immediately before this Law comes into force may be continued, completed and enforced under this Law. (3) All proceedings in respect of offences committed against the repealed Law prior to the coming into force of this Law may be commenced or continued as if this Law had not come into force. (4) Where any period of time specified in the repealed Law is current at the coming into force of this Law, and there is a corresponding provision in this Law, this Law shall have the effect as if that corresponding provision had been in force when that period began to run. (5) Repealed by section 25(b) of the Patent and Trade Marks (Amendment) Law, 2016 [Law 30 of 2016]. (6) Repealed by section 25(b) of the Patent and Trade Marks (Amendment) Law, 2016 [Law 30 of 2016]. (7) Repealed by section 25(b) of the Patent and Trade Marks (Amendment) Law, 2016 [Law 30 of 2016]. (8) Repealed by section 25(b) of the Patent and Trade Marks (Amendment) Law, 2016 [Law 30 of 2016]. Patents Law SCHEDULE SCHEDULE (Sections 6, 7, 11, 12, 13, 14, 15, 19 and 22) FEES Item Particulars Fee Part 1-Patents 1. Application fee for extension of patent rights to the Islands $200 2. Annual fee for patent $200 3. Late payment of patent annual fee (for each year of default) $100 4. Application fee to record a change of particulars of a patent right recorded in the Registry including recording a change of registered agent. $150 5. Application fee to record renewal of a patent right recorded in the Registry $200 6. Penalty for late filing of a renewal $100 7. Reactivation patent fee for an abandoned patent $150 8. Fee for publication of a document required to be published by the Registrar in the Gazette in support of any registration, appeal, proceeding or other matter relating to a patent $50 Part 2-General 1. Search fee $50 2. Non-refundable processing fee accompanying an application to be recognised by the Registrar as a registered agent $75 3. Registered agent annual fee: number of registered patents as at 31st December Under 10:  $200 10-99:        $500 100-249:    $1,000 250-499:    $1,500 500+:         $2,000 4. Issue of a Certificate of Good Standing in relation to a patent. $100 SCHEDULE Patents Law Publication in consolidated and revised form authorised by the Cabinet this 13th day of March, 2018. Kim Bullings Clerk of the Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2018_01_01\", \"date\": \"2018-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2018_01_01\", \"timeInterval\": 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2011\nLaw 30 of 2016-24th October, 2016\n\nConsolidated and revised this 28th day of February, 2018.\n\nPatents Law\nArrangement of Sections\n\nc\nRevised as at 28th day of February, 2018\nPage 3\n\nCAYMAN ISLANDS\n\nPATENTS LAW\n(2018 Revision)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................5\n2\nInterpretation .............................................................................................................................5\n3\nContinuation of Registry.............................................................................................................6\n4\nContinuation of Registrar and staff .............................................................................................6\n5\nDuties of Registrar .....................................................................................................................6\n6\nRequirement for registered agent...............................................................................................6\n7\nRecording of patents Schedule ..................................................................................................7\n8\nMode of recording rights ............................................................................................................7\n9\nEffect of recording a patent ........................................................................................................7\n10\nRepealed ...................................................................................................................................7\n11\nPeriod of validity and certificate of good standing.......................................................................7\n12\nAnnual fee .................................................................................................................................8\n13\nChanges ....................................................................................................................................8\n14\nRenewal of patent ......................................................................................................................8\n15\nAbandonment of patent..............................................................................................................9\n15A Assertion of patent infringement in bad faith ..............................................................................9\n16\nCancellation of record ................................................................................................................9\n17\nPublication in Gazette .............................................................................................................. 10\n18\nJurisdiction of Grand Court ...................................................................................................... 10\n19\nSearches ................................................................................................................................. 10\n20\nRegulations ............................................................................................................................. 10\n21\nRepeal of Patents and Trade Marks Law (2010 Revision) ........................................................ 10\n22\nAmendment of Schedule .......................................................................................................... 11\n23\nSavings, transitional and consequential provisions .................................................................. 11\n\nArrangement of Sections\nPatents Law\n\nPage 4\nRevised as at 28th day of February, 2018\nc\n\nSCHEDULE\n13\nFEES\n13\n\nPatents Law\nSection 1\n\nc\nRevised as at 28th day of February, 2018\nPage 5\n\nCAYMAN ISLANDS\n\nPATENTS LAW\n(2018 Revision)\n\n1.\nShort title\n1.\nThis Law may be cited as the Patents Law (2018 Revision).\n2\nInterpretation\n2.\n(1) In this Law \u2014\n\u201cextension\u201d, with respect to a patent right held in the United Kingdom, means\nthe extension of such right to the Cayman Islands;\n\u201cowner\u201d, with respect to a patent right, includes a part owner and relates to\nownership or proprietorship acquired directly or by assignment or otherwise and\ncurrently recognised in the United Kingdom;\n\u201cpatent\u201d means a current and effective grant in the United Kingdom of a\nmonopoly in respect of an invention;\n\u201cpublic officer\u201d has the meaning assigned to that expression under section 124\nof Schedule 2 to the Cayman Islands Constitution Order, 2009 [S.I. 2009\/1379];\n\u201crecording\u201d means the making of an entry in the register maintained by the\nRegistry;\n\u201cregistered agent\u201d means a person whose name is entered on the register of\nagents maintained by the Registrar pursuant to section 5(d);\n\nSection 3\nPatents Law\n\nPage 6\nRevised as at 28th day of February, 2018\nc\n\n\u201cRegistrar\u201d means the Registrar of Patents continued under section 4;\n\u201cRegistry\u201d means the Registry of Patents continued under section 3; \u201crepealed\nLaw\u201d means Patents and Trade Marks Law (2010 Revision); and\n\u201cright\u201d with respect to a patent means a right currently held in the United\nKingdom derived from a grant or registration thereof as the case may be\naccording to the law there from time to time governing patents.\n(2) For the purposes of this Law \u2014\n(a)\na patent granted under the Convention on the Grant of European Patents\ndesignating the United Kingdom, and which under the law of the United\nKingdom is treated as if it were a patent granted under such law; or\n(b) a patent granted under the Community Patent Convention, shall be deemed\nto be a patent granted in the United Kingdom.\n3\nContinuation of Registry\n3.\nThe Registry shall continue in being subject to this Law.\n4\nContinuation of Registrar and staff\n4.\nThe Registry shall be supervised by the Registrar who shall be a public officer and\nwho shall be assisted by such other public officers as may be necessary for the proper\nfunctioning of the Registry.\n5\nDuties of Registrar\n5.\nThe duties of the Registrar include \u2014\n(a)\nsupervision of the Registry and its staff;\n(b) receipt of applications for recording patent rights under this Law and the\nacceptance or rejection of such applications;\n(c)\ncollection of appropriate fees payable upon applications, recordings and\nsearches and accounting therefor to the general revenue of the Islands; and\n(d) maintenance of a register of persons who may act as registered agents in\nthe Islands and who are recognised as such pursuant to section 6.\n6\nRequirement for registered agent\n6.\n(1) Subject to section 19, only a registered agent may transact business with the\nRegistry under this Law.\n(2) Subject to subsection (3), a person legally and ordinarily resident in the Islands\ndesirous of being recognised as a registered agent shall apply in writing to the\nRegistrar and the Registrar shall determine the application in accordance with\nthe regulations made under section 20.\n(3) An application under subsection (2) shall be accompanied by the processing fee\nspecified in the Schedule.\n\nPatents Law\nSection 7\n\nc\nRevised as at 28th day of February, 2018\nPage 7\n\n(4) A registered agent shall pay the registered agent annual fee specified in the\nSchedule.\n(5) The owner of a patent recorded at the Registry as at the date of commencement\nof this Law, shall appoint a registered agent upon \u2014\n(a)\nthe next dealing with the Registry in relation to such patent; or\n(b) the payment of the next annual fee specified in section 12.\n(6) For the purpose of this section, legal and ordinary residence shall be determined\nin accordance with the Immigration Law (2015 Revision).\n7\nRecording of patents Schedule\n7.\nThe owner of a patent right may by the duly authorised registered agent, on payment\nof the fees specified in the Schedule, apply to the Registrar to have such right\nextended to the Islands, and the Registrar on being satisfied that such application is\nin order shall record the extension of such right accordingly.\n8\nMode of recording rights\n8.\nThe recording of an extension to the Islands of a right in or to a patent shall be effected\nby an entry in the records of the Registry showing such particulars as may be\nprescribed.\n9\nEffect of recording a patent\n9.\nThe effect of the recording of an extension to the Islands of a right in or to a patent is\nto afford in the Islands to the owner of the right so recorded all the equivalent rights\nand remedies available to the owner in respect of such patent in the United Kingdom.\n10\nRepealed\n10. Repealed by section 12 of the Patent and Trade Marks (Amendment) Law, 2016 [Law\n30 of 2016].\n11\nPeriod of validity and certificate of good standing\n11. (1) The protection and rights in the Islands conferred by section 9 shall date from\nthe time such right arose in the United Kingdom and continue in force so long\nas the protection and rights remain in force in the United Kingdom except that\nno action for infringement of such right shall be entertained in the Islands in\nrespect of any use of such protection or right prior to the time of the recording\nthereof in the Islands.\n(2) Subject to subsection (3), the Registrar may, where a request is made by a\nregistered agent, issue a certificate of good standing to evidence that a patent\nhas been recorded on the register and that all applicable annual fees and\npenalties have been paid.\n\nSection 12\nPatents Law\n\nPage 8\nRevised as at 28th day of February, 2018\nc\n\n(3) A request under subsection (2) shall be accompanied by the fee specified in the\nSchedule.\n12\nAnnual fee\n12. (1) The owner of a patent recorded in the Registry shall, by his duly authorised\nregistered agent, in January of each year, after the year of the initial recording,\npay to the revenues of the Islands the annual fee specified in the Schedule.\n(2) A default in the payment of the annual fee specified in the Schedule by 31st\nMarch causes the rights protected by the recorded entry to be in abeyance as\nagainst the person in default from the relevant 1st April until the annual fee and\npenalty fee specified in the Schedule have been paid.\n13\nChanges\n13. (1) If the particulars of the grant or registration of a right recorded in the Registry\nare modified or changed in the United Kingdom or the European Community or\nthere is a change of the registered agent, the owner thereof by the duly\nauthorised registered agent shall notify the Registrar with full particulars and\ntender the fee specified in the Schedule for recording of a change of particulars\nand the Registrar shall record particulars of such change in the records of the\nRegistry.\n(2) Notwithstanding subsection (1), a default in notification of a modification or\nchange in the United Kingdom or European Community particulars referred to\nin subsection (1) within two months shall, until such notification is made, have\nthe effect of causing the rights protected by the recorded entry to be in abeyance\nas against the person in default in respect of the period of default, such period\nbeing deemed to be from the date the change was recorded in the United\nKingdom or the European Community until the date of the notification thereof\nto the Registrar with tender of the fee specified in the Schedule.\n14\nRenewal of patent Schedule\n14. (1) A patent currently recorded in the Islands may, on the application of the\nregistered agent and payment of the fees specified in the Schedule, be renewed\nat any time if the rights have been renewed in the United Kingdom, all\napplicable annual fees and penalties have been paid and any change in the\nparticulars since the initial recording of the extension have been recorded in the\nIslands.\n(2) If an application for renewal is filed more than two months after the expiry date\nrecorded in the Islands a penalty fee shall be payable as specified in the\nSchedule.\n\nPatents Law\nSection 15\n\nc\nRevised as at 28th day of February, 2018\nPage 9\n\n15\nAbandonment of patent\n15. (1) The owner of a patent recorded in the Registry shall, by the duly authorised\nregistered agent, notify the Registrar that a patent has been abandoned\nwhereupon the rights protected by the recorded entry shall be held in abeyance\nand the Registrar shall record the patent as inactive.\n(2) The obligation to pay an annual fee pursuant to section 12 shall be suspended\nwhile the patent is inactive.\n(3) A registered agent may apply to re-activate a patent that has been abandoned\nunder subsection (1) upon payment of the reactivation fee specified in the\nSchedule and the payment of the annual fees specified in the Schedule for the\nperiod the patent was suspended.\n15A Assertion of patent infringement in bad faith\n15A. (1) A person shall not make an assertion of patent infringement in bad faith in\nrespect of an extension recorded under section 9 of this Law.\n(2) The Court shall not recognise or enforce a foreign judgment or give effect to an\nestoppel based on a foreign judgment insofar as the claim is based on an\nassertion of patent infringement made in bad faith.\n(3) A person who is aggrieved by acts carried out contrary to subsection (1) may\nbring an action in the Grand Court or may counterclaim in any action brought\nto purportedly to enforce rights conferred by a patent or an extension on the\ngrounds that a person has made an assertion of patent infringement in bad faith.\n(4) The Court may award to a plaintiff who is successful in an action or\ncounterclaim under subsection (3) one or more of the following remedies \u2014\n(a)\nequitable relief; and\n(b) damages, including aggravated and exemplary damages.\n16\nCancellation of record\n16. (1) Default in the payment of the annual fees and penalties for more than twelve\nmonths renders the record of a patent liable to cancellation by the Registrar.\n(2) The resignation of a registered agent with respect to a patent shall cause the\nrecord of such patent to be cancelled unless the owner of such patent appoints a\nnew registered agent within sixty days of the Registrar being notified of the\nregistered agent\u2019s resignation.\n(3) The owner of a patent whose record in the Islands has been cancelled under\nsubsection (1) or (2) may reapply for recording again as though it were being\nrecorded for the first time in accordance with section 9.\n(4) No liability shall attach for any act performed or thing done by the Registrar\nunder this section.\n\nSection 17\nPatents Law\n\nPage 10\nRevised as at 28th day of February, 2018\nc\n\n17\nPublication in Gazette\n17. All recordings and cancellations of recordings made in the Registry (other than the\nrecording of the expiry or abandonment of a patent or the appointment of a registered\nagent in respect of any patent) shall be published in the Gazette and such publication\nshall be prima facie evidence of the recordings and cancellations.\n18\nJurisdiction of Grand Court\n18. The Grand Court shall have jurisdiction in all matters affecting the rights and\nremedies in the Islands of the owner of a right in or to a patent conferred by section 9.\n19\nSearches\n19. On payment of the fees specified in the Schedule, any member of the public may\ncause the Registrar to make search in the Registry for particulars of any recording\ncontained in the Registry and the Registrar shall cause such search to be made and\nshall supply the applicant with the particulars for which the application has\nbeen made.\n20\nRegulations\n20. The Cabinet may make regulations prescribing all matters that are required or\npermitted under this Law to be prescribed, or are necessary or convenient to be\nprescribed for giving effect to the purposes of this Law and, in particular,\nregulations \u2014\n(a)\nprescribing the forms and procedures for the conduct of business with the\nRegistry;\n(b) respecting assertions of patent infringement which are made in bad faith\nincluding \u2014\n(i)\nprohibiting such assertions;\n(ii) the bringing of actions in the Grand Court by persons aggrieved by\nsuch assertions; and\n(iii) the award by the Grand Court of equitable relief and damages to\npersons aggrieved by such assertions; and\n(c)\nrespecting applications for recognition as registered agents including \u2014\n(i)\nany qualification to being recognised as such; and\n(ii) the payment of fees by applicants; or\n(iii) the exemption from applying to be recognised as a registered agent\nwhere the applicant is a recognised registered agent for patents or\ndesign rights.\n21\nRepeal of Patents and Trade Marks Law 2010 Revision\n21. The Patents and Trade Marks Law (2010 Revision) is repealed.\n\nPatents Law\nSection 22\n\nc\nRevised as at 28th day of February, 2018\nPage 11\n\n22\nAmendment of Schedule\n22. The Cabinet may by Order amend the Schedule.\n23\nSavings, transitional and consequential provisions\n23. (1)  Every application for recording of a patent under section 7 or other matter under\nthe repealed Law that has not been wholly dealt with by the Registry when this\nLaw comes into force shall be taken to be an application made under this Law,\nand this Law shall apply accordingly.\n(2) Except as otherwise expressly provided in this Law every civil matter and\nproceeding commenced in any court under the repealed Law and pending or in\nprogress immediately before this Law comes into force may be continued,\ncompleted and enforced under this Law.\n(3) All proceedings in respect of offences committed against the repealed Law prior\nto the coming into force of this Law may be commenced or continued as if this\nLaw had not come into force.\n(4) Where any period of time specified in the repealed Law is current at the coming\ninto force of this Law, and there is a corresponding provision in this Law, this\nLaw shall have the effect as if that corresponding provision had been in force\nwhen that period began to run.\n(5) Repealed by section 25(b) of the Patent and Trade Marks (Amendment) Law,\n2016 [Law 30 of 2016].\n(6) Repealed by section 25(b) of the Patent and Trade Marks (Amendment) Law,\n2016 [Law 30 of 2016].\n(7) Repealed by section 25(b) of the Patent and Trade Marks (Amendment) Law,\n2016 [Law 30 of 2016].\n(8) Repealed by section 25(b) of the Patent and Trade Marks (Amendment) Law,\n2016 [Law 30 of 2016].\n\nPatents Law\nSCHEDULE\n\nc\nRevised as at 28th day of February, 2018\nPage 13\n\n SCHEDULE\n(Sections 6, 7, 11, 12, 13, 14, 15, 19 and 22)\nFEES\nItem\nParticulars\nFee\nPart 1-Patents\n1.\nApplication fee for extension of patent rights to the\nIslands\n$200\n2.\nAnnual fee for patent\n$200\n3.\nLate payment of patent annual fee (for each year of\ndefault)\n$100\n4.\nApplication fee to record a change of particulars of a\npatent right recorded in the Registry including recording\na change of registered agent.\n$150\n5.\nApplication fee to record renewal of a patent right\nrecorded in the Registry\n$200\n6.\nPenalty for late filing of a renewal\n$100\n7.\nReactivation patent fee for an abandoned patent\n$150\n8.\nFee for publication of a document required to be\npublished by the Registrar in the Gazette in support of\nany registration, appeal, proceeding or other matter\nrelating to a patent\n$50\nPart 2-General\n1.\nSearch fee\n$50\n2.\nNon-refundable processing fee accompanying an\napplication to be recognised by the Registrar as a\nregistered agent\n$75\n3.\nRegistered agent annual fee: number of registered\npatents as at 31st December\nUnder 10:  $200\n10-99:        $500\n100-249:    $1,000\n250-499:    $1,500\n500+:         $2,000\n4.\nIssue of a Certificate of Good Standing in relation to a\npatent.\n$100\n\nSCHEDULE\nPatents Law\n\nPage 14\nRevised as at 28th day of February, 2018\nc\n\nPublication in consolidated and revised form authorised by the Cabinet this 13th\nday of March, 2018.\nKim Bullings\nClerk of the Cabinet","akn_extracted_at":"2026-06-22 15:36:27.587287+00","cms_id":"2011-0030","law_type":"principal","year":"2011","number":"30","title":"Patents Act","status":"in_force"},"provenance":{"files":[{"file_id":"4935","expr_id":"133","kind":"akn_xml","filename":"2011-0030_2018 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2011\/2011-0030\/2011-0030_2018 Revision.akn.xml","content_md5":"5571eb06571fa2dba36bead3afa7b837","byte_size":"20500","http_last_modified":null,"fetched_at":"2026-06-22 15:36:28.008164+00"},{"file_id":"265","expr_id":"133","kind":"pristine_pdf","filename":"2011-0030_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2011\/2011-0030\/2011-0030_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2011\/2011-0030\/2011-0030_2018 Revision.pdf","content_md5":"a58796326ba665cb96628683cc28b91b","byte_size":"629012","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.5969+00"},{"file_id":"266","expr_id":"133","kind":"working_pdf","filename":"2011-0030_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2011\/2011-0030\/2011-0030_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2011\/2011-0030\/2011-0030_2018 Revision.pdf","content_md5":"a58796326ba665cb96628683cc28b91b","byte_size":"629012","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.5969+00"}],"paragraph_count":15,"latest_history":null},"quality":{"expr_id":"133","doc_id":"133","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Extraction appears truncated; 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