Joining the world stage for patents – Jamaica and the PCT
In 2020, Jamaica finally modernised its archaic patent and designs laws, by approving the new Patents & Designs Act, 2020. The new Act repealed those old laws, which dated back to 1857 and 1937 respectively, and its introduction on 10th February 2022 brought about some significant changes to Jamaica’s patent and design landscapes.
Jamaica also became the 154th PCT member state with effect from the same date. From this date, the PCT system has been available to applicants for the registration of patents in Jamaica. As the Minister of State in the Ministry of Industry, Investment and Commerce, Dr. the Hon. Norman Dunn, commented at the time, the new Patents and Designs Act “has brought the intellectual property framework of Jamaica into the 21st century, opening new sources of international revenue for Jamaican inventors.” He also mused that Jamaica’s accession to the PCT will lead to significant progress in strengthening the country’s innovation ecosystem and gross domestic product, and that it “brings Jamaican creators within the world’s reach.”
We at Lysaght were pleased to instruct some of the very first PCT national phase applications in Jamaica in August 2023, 30 months after the island’s accession to the treaty. However, as this nationalisation system was (and indeed, still is) only its infancy, we are not yet certain of the documentary requirements or practical aspects of the Jamaica Intellectual Property Office’s (JIPO’s) processing of PCT national phase applications. Apart from receiving official filing receipts, we have not received any indication as to the likely timeline or procedural steps for the processing of these applications. In the interim, we are simply guided by the provisions set out in the PCT Applicant’s Guide for Jamaica.
We expect to learn more about how PCT national phase applications are being handled by the JIPO in the coming months, and this will allow us to refine our advice to clients about the documentary requirements, likely costs and timelines for prosecution. Should you require any information or assistance in the meantime, we would be pleased to help.
