PATENTS & TRADEMARKS IN GUERNSEY

The process of obtaining a patent and/or trademark in Guernsey is as follows.

Firstly, it is necessary to obtain a patent or trademark in the country of origin. However, if resident in Guernsey, it is necessary to obtain a patent or trademark in, for example, the United Kingdom or France by the usual process of that country before being able to obtain a Guernsey patent or trademark.

The process for obtaining a patent or trademark differs from country to country and appropriate checks should be made to ensure that the correct procedure is followed for each country.

For example, we detail below the general procedure in the United Kingdom.

Under the Patent Act 1977, it is necessary to make a formal application to the Patent Office utilising the appropriate forms. The Patent Office, upon request, will despatch any such appropriate forms and detail the appropriate fees. The appropriate procedure is then followed, as detailed by the Patent Office, and this will depend upon particular individual requirements and circumstances.

A patent obtained in the United Kingdom will only provide protection in that country as is the same for any other country and it will therefore be necessary to obtain similar protection in each country as appropriate or necessary. To simplify this procedure it is possible to make a European or International application within the United Kingdom. This will then cover all contracting countries party to the agreement under one such application. Otherwise, individual applications must be made in each country where protection is required. Unfortunately, Guernsey is not a member of such contracting European or International states thus a separate application must be made in relation to Guernsey.

Applications for patents and/or trademarks in Guernsey are heard before the non-contentious Court on Tuesday of every week. Applications are made by way of a non-contentious cause accompanied by an appropriate agenda and accompanied by the patent or trademark. This application must the lodged with the Court by 11.00 a.m. on the day that you wish the application to be heard by the Court. Notice of the grant of application will either be given that day or soon thereafter.