Applications for a grant of patent in Barbados which are filed after the 6th August, 2001 are currently governed by the Patent Act, 2001-18 and the Patent Regulations, 1984.

A patent may be granted for an invention which is novel, involves an inventive step, and is industrially applicable. On the other hand, some inventions are unpatentable, such as discoveries, scientific theories and mathematical methods, the playing of games, and diagnostic methods practised on human beings or animals.

The patent holder is afforded certain rights and privileges such as the exclusive right to ownership and exploitation of his patent for a period of 20 years from the date of filing and can thus legally prevent another from exploiting his patented invention.

A patent application can be filed only by a local attorney-at-law who is also a patent agent. Unlike in the USA and the UK, a patent agent in Barbados normally acts simply as an agent and is often not involved in the actual drafting of claims.  For this reason, we handle national phase entry of international patent applications under the Patent Corporation Treaty (PCT) and national applications claiming priority from a country which is a signatory to the Paris Convention. 

In cases of PCT Chapter 1 national phase patent entry applications, the Corporate Affairs and Intellectual Property Office require an international search report and an expedited opinion on patentability. In cases of Chapter 2 filing, an international preliminary examination report is required; and in cases of filing by one claiming priority from a Paris Convention Signatory, examination reports for such patent from other countries are examined.