How do I register a patent in Guernsey?
Please note: If you wish to submit a Budapest Treaty application or to request authorisation of the release of a sample of biological material deposited with a patent you should file the relevant form with the UK's Intellectual Property Office: https://www.gov.uk/government/organisations/intellectual-property-office
Any new Patent Cooperation Treaty (PCT) applications filed from the 1st January 2021, designating the UK will include Guernsey. This means that if a patent is subsequently granted for any of these applications in the UK, protection will automatically be afforded in Guernsey without any need for applicants to re-register their UK patent.
From the 1st April 2021 the UK is extending its application of the PCT to include the Bailiwick of Guernsey. This means that from 1st April 2021 residents and businesses located in Guernsey can file new PCT applications with the UK Intellectual Property Office, the European Patent Office, or direct with the International Bureau.
With effect from 1 March 2012, the Intellectual Property Office took over the responsibility for the registration and administration of patents and biotechnological inventions from the Greffe.
A patent can only be registered in the Bailiwick provided:
1. it is registered in an overseas jurisdiction in accordance with the laws relating to patents in that jurisdiction;
2. the overseas jurisdiction is one included in Schedule 2 of the Registered Patents & Biotechnological Inventions (Bailiwick of Guernsey) Ordinance 2009 (see document available to download below detailing the jurisdictions included in this schedule).
Except in the case of persons who are ordinarily resident in the Bailiwick of Guernsey, applications to register patents, change particulars, asssign or license patents etc CAN ONLY be made by a registered patent agent (referred to as patent attorney in the regulations). Agents must have a place of business in the Bailiwick as well as meet qualifying criteria determined by the Registrar. Further information is available in the links at the bottom of the page. The Register of Bailiwick patent agents is available to view here.
Please note: for 6 months with effect from 1 March 2012, transitional provisions apply which will enable Bailiwick Advocates to continue to make patent submissions without the need to be a registered patent agent. Please see the guidance note below for full details.
See below for a link to the Guernsey Legal Resources website to view copies of the relevant legislation.