There are no provisions for independent registration of designs. UK designs registrations are automatically extended to Anguilla.
Is meant by industrial design (either 3D model or 2D drawing) all formal innovation referring to features of appearance of the product or its ornamentation. I.e, any object that could serve as a pattern for the manufacture of a product and that can be described by its structure, configuration, ornamentation or representation.
Industrial designs make a product attractive for the consumer, and its protection:
Increases performance of invested capital
Promotes economic development
Promotes creativity and contributes to the expansion of commercial activity.
Usually, an industrial design must be “new”, meaning by the concept of novelty a design which is not similar nor identical to anyone else existing.
The process for design registration:
Filing of the application.
Formal and substantial examination.
Publication in the official Journal
Period for the filing of oppositions.
Granting or denial
Generally, once granted, the protection is valid for a period of 5 years, renewable for periods up to 15 years in most cases.
Protection of European (EP) patents designating the UK has been extended to Anguilla, so that on proper application made in Anguilla, the proprietor of an EP patent designating the UK has the same rights as the proprietor of a UK patent. Also, Community Trade Marks registered in the UK may now be re-registered in Anguilla.
If you apply for a patent based on an existing UK patent, within 3 years of the UK date of issue, registration will normally be granted. The patent will expire with the UK patent.
If you apply for a patent based on an existing 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.A patent is a grant of a property right given by the Government to an inventor to exclude others from making, using, offering for sale, or selling the invention in a country or importing the invention into a country for a limited period of time.
To be patentable, an invention must be new, nonobvious, inventive and industrially applicable.
Not patentable are:
a. Discoveries as well as laws of nature and mathematical methods;
b. Aesthetic designs;
c. Systems, rules and methods for the performance of mental labor, games or management as well as computer programs and
d. Presentation of data and abstract ideas.
An invention can also be an improvement on existing items or methods. Patents may be granted for example for a product (machine, article of manufacture), process, or any new and useful improvement thereof.
Once a patent is obtained, an invention can not be used, manufactured, duplicated or sold without the inventor’s authorization. Patent rights can be enforced in court against third party infringers who practice the invention without permission of the inventor or title bearer.
Procedure of registration of a patent:
b. Formal Exam (2 Months term to rectify)
e. Substantive Examination
f. Granting of the patent