Guernsey – Extension of UK’s PCT membership to cover Bailiwick of Guernsey

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Written By Tim Noel

Further to the article which was posted last month in which we advised that the UK’s membership of the PCT will be extended to include the Bailiwick of Guernsey, we have now ascertained that the date of coming into force of this provision will be 23rd March 2021 and not 1st January 2021.   Whilst the local legislation in Guernsey specified the date of 1st January 2021, it now appears that the extension will not formally come into effect until 23rd March 2021.

In consequence, any new PCT applications that are filed on or after 23rd March 2021 and which designate the UK will automatically also cover the Bailiwick of Guernsey. This means that, if/when a patent is subsequently granted in the UK deriving from such a PCT application, protection will automatically be afforded in Guernsey, without the need for applicants to reregister their UK patent in Guernsey. This change also means that residents and businesses located in Guernsey will be able to file new PCT applications with the UK Intellectual Property Office, the European Patent Office, or directly with the International Bureau. 

For the avoidance of doubt, since the above provisions only apply to PCT applications filed on or after 23rd March 2021, any existing Guernsey patents or pending Guernsey patent applications should still be renewed in the usual way, if required.

 
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Author: Tim Noel

Tim is a Chartered Trade Mark Attorney and manager in the Trade Marks department. He is responsible for overseeing and managing the day-to-day operations of the department, and offers free advice clinics to members of the public as well as sitting on the INTA Trademark Office Practices Committee.

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Tim Noel

Tim is a Chartered Trade Mark Attorney with over 17 years of experience supporting clients in all aspects of IP services.  He oversees and manages the department on a day-to-day basis.

Tim holds a degree in Mechanical Engineering from Bristol University and joined Lysaght in 2014 with eight years of experience in the IP industry.

Tim is responsible for prosecution work, in addition to registration and renewals in more complex jurisdictions. Tim also works on a number of contentious matters and opposition cases.  As well as his client portfolio and managerial responsibilities, Tim is a member of CITMA and volunteers for the free advice clinics to members of the public as well as sitting on the INTA Legislation and Regulation Committee.

In 2016 Tim was awarded the Postgraduate Certificate in Intellectual Property (with Merit) from Bournemouth University and became a Chartered Trade Mark Attorney in 2018.

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