WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
InteUectual Property Rights IPlNllIGRD/P/l 
18 March 2002 
(02-1374) 
Original: English! 
anglais! 
ingJes 
MAIN DEDICATED INTELLECTUAI~ PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
GRENADA 
The present document reproduces the text! of the Patents Act, CAP. 227, as notified by 
Grenada under Article 63.2 of the Agreement (see document IPIN/1/GRDI1). 
Conseil des aspects des droits de propriete 
inteUectueUe qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIEnt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
GRENADE 
Le present document contient le texte1 de la Loi sur Ies brevets, CAP. 227, notifiee par la 
Grenade au titre de l'artic1e 63:2 de l'Accord (voir le document IPlNllIGRD/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual rehl.d.onados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A I,A 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
GRANADA 
En el presente documento se reproduce el texto1 de la Ley de Patentes, CAP. 227, notificado 
por Granada de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IPIN!lIGRDIl). 
! In English only'/En anglais sculement.lEn ingles solamente. IPINIlIGRDIPI 1 
Page 2 
CHAPTER 227 
AN ACT regulating the issue of patents 
1. This Act may be cited as the 
PATENTS ACT. 
2. In this Act-
"Court" means the High Court; [16th May, 1898] 
"invention" means any manner of new manufacture, the 
subject of letters patent and grant of privilege within 
section 6 of the Statute of Monopolies, that is, the 
Act of the twenty-fIrst year of the reign of King James 
the First, chapter 3, entitled "An Act concerning 
monopolies and dispensations with penal laws and 
forfeiture thereof", and includes all alleged 
inventions; 
"prescribed" means prescribed by the Schedule or by rules 
made under the provisions of this Act. or by any 
other Act applicable to the case; 
, • specification" includes all tradngs. drawings, diagrams. 
and other exhibits referred to in such specification. 
3. (1) Any person, whether a citizen of Grenada or a British 
subject or not, may make an application for a patent. 
(2) Two or more persons may make a joint application for 
a patent and a patent may be granted to them jointly. There 
may be included amongst those making a joint application 
persons who are not the inventors of the invention intended 
to be patented. Cap. 209-1958 
Short title 
Interpretation 
Who may 
apply for a 
patent 
4. The Registrar of the Supreme Court or such other officer ~~~~tr:~ ~ 
as the Governor-General may appoint (hereinafter called the R.egistrar of 
Registrar) shaH be the Registrar of Patents, and the office of Patents 
the Registrar of the Supreme Court or such other office as 
the Governor-General may prescribe shall be the Registry of 
patents to be granted under this Act (hereinafter caned the 
Registry), Form of 
application 
to be as set 
forth in the 
First 
Schedule 
Application 
to be accom­
panied by 
specification 
Applications 
to be 
referred to 
Attorney­
General IP /N/1/GRDIP 11 
Page 3 
5. An application for a patent must be made in the form 
set forth in the First Schedule or in such other form as may 
be from time to time prescribed, and must be left with the 
Registrar. If the applicant or applicants do not reside in Grenada 
he or they must give a postal address within Grenada to which 
any notice or communication may be addressed, 
6. (1) An application must contain a declaration to the effect 
that the applicant is in possession of an invention whereof he, 
or, in the case of a joint application, one or more of the applicants, 
claims or claim to be the true and first inventor or inventors, 
and for which he or they desires or desire to obtain a patent; 
and must be accompanied by either a provisional or a complete 
specification. 
(2) A provisional specification must describe the nature of 
the invention, and be accompanied by drawings, if required. 
(3) A complete specification, whether left on application or 
subsequently, must particularly describe and ascertain the nature 
of the invention, and in what manner it is to be performed, and 
must be accompanied by drawings, if required: 
Provided always that if sufficient drawings have been left with 
the provisional specification, reference may be made thereto. 
(4) A specification, whether provisional or complete, must 
commence with the title, and in the case of a complete specifica­
tion, must end with a distinct statement of the invention claimed. 
(5) All drawings, tracings, diagrams, plans, and other exhibits 
referred to in any application shall be made on tracing linen or 
some other such durable material to the satisfaction of the 
Registrar. 
7. (1) The Registrar shall refer every application to the 
Attorney-General, who shall ascertain and report to the Registrar 
whether the nature of the invention has been fairly described, 
whether the application, specification, and drawings (if any) have 
been prepared in the prescribed manner, and whether the title 
sufficiently indicates the subject matter of the invention. 
(2) The Registrar shall also insert the Gazette a notice that 
the application has been made, and such notice shall state the 
name of the applicants and the title and general nature of the 
invention. IPIN/lIGRDIPI1 
Page 4 
8. (1) If the Attorney-General reports that the nature of the 
invention is not fairly described, or that the application, specifica­
tion, or drawings has not or have not been prepared in the 
prescribed manner, or that the title does not sufficiently indicate 
the subject matter of the invention, the Registrar shall require 
that the application specification, or drawings be amended to 
the satisfaction of the Attorney-General, before he proceeds with 
the application: 
Provided that the application shall, if the Registrar so directs, 
bear date as from the time when the requirement is complied with. 
(2) The Registrar shall, when an application has been accepted, 
give notice thereof to the applicant 
(3) If after application for a patent has been made, but before 
the patent thereon has been sealed, another application for a patent 
is made, accompanied by a 'specification bearing the same or 
a similar title, the Registrar, if he thinks fit, on the request of 
the second applicant or of his legal representative, may, within 
two months of the grant of a patent on the first application, either 
decline to proceed with the second application or allow the sur­
render of the patent, if any, granted thereon. 
9. (1) If the applicant does not leave a complete specifica­
tion with his application, he may leave it at any subsequent time 
within nine months from the date of application. 
(2) Unless a complete specification is left within that time 
the application shall be deemed to be abandoned. 
10. (1) Where a complete specification is left after a 
provisional specification, the Registrar shall refer both 
specifications to the Attorney-General, who shall ascertain and 
report whether the complete specification has been prepared in 
the prescribed manner, and whether the invention particularly 
described in the complete specification.is substantially the same 
as that which is described in the provisional specification. 
(2) If the Attorney-General reports that the conditions 
hereinbefore contained have not been complied with, the Registrar 
shall refuse to accept the complete specification unless and until 
the same shall have been amended to the satisfaction of the 
Attorney-General. . 
(3) Unless a complete specification is accepted within twelve 
months from the date of application, then the application shall 
at the expiration of those twelve months become void. Amendment 
of applica­
tion 
Notice of 
acceptance of 
application 
Time 
allowed for 
leaving 
complete 
specification 
Where 
complete 
specification 
is left after 
provisional 
specification, 
both to be 
referred to 
the Attorney­
General Notice of 
acceptance of 
complete 
specification 
Attorney­
General may 
extend 
periods 
referred to in 
sections 10 
and 16 
Adverse 
report by 
Attorney­
General 
In 
preparation 
of report 
Attorney­
General may 
have aid of 
scientific 
person IP/N/lIGRD/PI1 
PageS 
11. The Registrar shall notify the applicant of the acceptance 
of the complete specification and shall advertise such acceptance 
in the Gazette and the application, specification, or specifications 
with drawings (if any) shaH be open to public inspection. 
12. It shall be lawful for the Attorney-General to extend the 
period of twelve months referred to in section 10(3) and the 
period of fifteen months mentioned in section 16(3) for such 
further period as he may deem sufficient to make good any 
delay which may have been caused by the non-residence of 
the applicants in Grenada or by any difficulty in obtaining 
expert advice therein. 
13. Before making a report, either under section 7 or under 
section 10, which is adverse to the applicant, the Attorney-General 
shall cause the latter or his representative to be notified that he 
intends making an adverse report but that before making such 
report he will hear the applicant (or his legal representative) at 
the Registry on a date to be fixed by the Registrar. 
At the appointed time the Attorney-General shall hear the 
reasons advanced by the applicant (or his legal representative) 
should he attend, and thereafter shall report to the Registrar. 
14. For the purpose of preparing his reports under this Act, 
the Attorney-General may call to his aid such scientific or other 
person as he may think fit. 
The Registrar shall fix the remuneration to be paid such person 
and shall apply to the applicant for payment of the amount so 
fixed, and pending receipt thereof the Attorney-General shall 
defer further consideration of his report. 
15. (1) Any person may, at any time within two months from 
the date of the advertisement of the acceptance of a complete 
specification, give at the Registry notice of his opposition to 
the grant of the patent on the ground of the applicant having 
obtained the invention from him or from a person of whom he 
is the legal representative, or on the ground that the invention 
has been patented in Grenada on an application of prior <;late, 
but on no other ground. 
(2) Where such notice is given, the Registrar shall give notice 
of the opposition to the applicant, and shall, on the expiration 
of those two months, after hearing the applicant, and the person 
so giving notice, if desirous of being heard, decide on the case, 
but subject to appeal to the Attorney-General. Notice of 
opposition to 
grant of 
paten! IPINlilGRD/P/l 
Page 6 
(3) The Attorney-General shall, if required, hear the applicant 
and any person so giving notice and being in the opinion of the 
Attorney-General entitled to be heard in opposition to the grant, 
and shall determine whether the grant ought or ought not to be 
made. 
(4) The Attorney-General may, if he thinks fit, obtain the 
assistance of an expert, who shall be paid such remuneration 
as the Attorney-General, with the consent of the Governor­
General, shall appoint. 
16. (1) If there is no opposition, or, in the case of opposition, 
if the determination is in favour of the grant of a patent, the 
Registrar shall cause a patent to be prepared in the form set 
out in the Second Schedule, but with such alterations as may 
be necessary where there are several applicants, and shall lay 
the same before the Attorney-General for approval; and, after 
such approval has been obtained, shall transmit the patent to 
the Governor-General, who shall seal the same with the Public 
Seal of Grenada and shall thereafter rerum it to the Registrar 
in order that a copy thereof may be recorded in the Registry. 
(2) Letters patent so granted to any person shall secure to 
the patentee the sole right and privilege during the term limited 
therein of making, using, exercising, and vending the said 
invention within Grenada so that during the term aforesaid no 
other person shall; within Grenada, directly or indirectly make 
use of or put in practice the said invention, or any part of the 
same, or in anywise imitate the same, or make or cause to be 
made any addition thereto or subtraction therefrom whereby to 
pretend themselves the inventors thereof, without the consent, 
licence, or agreement of the said patentee under his hand, on 
pain of being answerable to the patentee for his damages thereby 
occasioned: 
Provided that any such letters shall be deemed to have been 
. granted on this condition, that if at any time it be made to appear 
to the Court that the grant of such letters patent is contrary to 
law, or that the said alleged invention is not a new invention 
as to the public use and exercise thereof within Grenada, or that 
the said patentee is not the true and first inventor thereof within 
Grenada, it shall be lawful for the Court in the name and on 
behalf of Her Majesty the Queen to revoke the said letters patent, 
whereupon the same shall be void to all intents and purposes: Issue of 
letters patent IP/NIlIGRD/PI1 
Page 7 
Provided also that, if the said patentee shall not supply or cause 
to be supplied, for the service of Her Majesty, all such articles 
of the said invention as may be required by the officers 
administering any department of the public service, in such man­
ner, at such times, and upon such prices and terms as may be 
reasonable, then and in any of the said cases it shall be lawful 
for the Court in the name and on behalf of Her Majesty to annul 
and determine such letters patent: 
Provided also that it shall be lawful for the patentee, his 
executors, administrators, or assigns, to grant licences to other 
persons to make, use, exercise, and vend the said invention on 
such terms as he or they may see fit: 
Provided also that the provisions of this subsection and of all 
such letters patent shall be construed in the most beneficial sense, 
for the advantage of the patentee. 
(3) A patent shall be sealed as aforesaid, as soon as may be, 
and not after the expiration of fifteen months from the date of 
application, except in the cases hereinafter mentioned, that is 
to say-
(a) where the sealing is delayed by opposition to the grant 
of the patent, the patent may be sealed at such time as 
the Attorney-General may direct; 
(b) if the person making the application dies before the 
expiration of the fifteen months aforesaid. the patent may 
be granted to his legal representative and sealed at any 
time within twelve months after the death of the applicant; 
(c) where the period is extended by the Attorney-General 
under section 12. 
17. Every patent shall be dated and sealed as of the day of 
the application: 
Provided that no proceedings shall be taken in respect of an 
infringement committed before the publication of the complete 
specification: 
Provided also that, in case of more than one application for 
a patent for the same invention, the sealing of a patent on one 
of those applications shall not prevent the sealing of a patent 
on an earlier application. Dating and 
sealing of 
patent IP/NIlIGRD/P/1 
Page 8 
18. Where an application for a patent in respect of an invention 
has been accepted, the invention may, during the period between 
the date of the application and the date of sealing such patent, 
be used and published without prejudice to the patent to be granted 
for the same, and such profection from the consequences of use 
and publication shall be regarded as provisional protection. 
19. After the acceptance of a complete specification and until 
the date of sealing a patent in respect thereof, or the expiration 
of the time for sealing, the applicant shall have the like privileges 
and rights as if a patent for the invention has been sealed on 
the date of the acceptance of the complete specification: 
Provided that an applicant shall not be entitled to institute any 
proceeding for infringement unless and until a patent for the 
invention has been granted to him. 
20. A patentee may restrain any person from injuring his 
patent, and may recover damages for such infringement by action 
in the Court. 
21. (1) The term limited in every patent for the duration 
thereof shall be fourteen years from its date. 
(2) But every patent shall, notwithstanding anything therein 
or in this Act, cease if the patentee fails to make the prescribed 
payments within the prescribed times. 
(3) If, nevertheless, in any case, by accident, mistake, or 
inadvertence, a patentee fails to make any prescribed payment 
within the prescribed time, he may apply to the Governor-General 
for an enlargement of the time for making that payment. 
(4) Thereupon the Governor-General may, if satisfied that the 
failure has arisen from any of the above-mentioned causes, on 
payment to the Registrar of the prescribed fee for enlargement, 
not exceeding twenty-five dollars, enlarge the time accordingly, 
subject to the following conditions: 
(a) the time for making any payment shall not in any case 
be enlarged for more than three months; 
(b) if any proceeding shall be taken in respect of an infringe­
ment of the patent committed after a failure to make any 
payment within the prescribed time, and before the 
enlargement thereof, the Court before which the 
proceeding is proposed to be taken may, if it shall think 
fit, refuse to award or give any damages in respect of 
such infringment. Provisional 
protection 
Privileges 
of applicant 
after 
acceptance 
of complete 
specification 
and until 
date of 
sealing of 
patent 
Patentee may 
restrain 
infringement 
Duration of 
patent Application 
for amend­
ment of 
specification IPINI1 /GRDIPIl 
Page 9 
22. (1) An. applicant or a patentee may, from time to time, 
by request in writing left at the Registry, seek leave to amend 
his specification, including drawings forming part thereof, by 
way of disclaimer, correction, or explanation, stating the nature 
of such amendment and his reasons for the same. 
(2) The request and the nature of such proposed amendment 
shall be advertised in the prescribed manner, and at any time 
within one month from its first advertisement any person may 
give at the Registry notice of his opposition to the amendment. 
(3) Where such notice is given, the Registrar shall give notice 
of the opposition to the person making the request, and shall 
hear and decide the case subject to an appeal to the Attorney­
General. 
(4) The Attorney -General shall. if required. hear the person 
making the request and the person so giving notice and being 
in the opinion of the Attorney-General entitled to be heard in 
opposition to the request, and shaH 9-etermine whether and 
subject to what conditions. if any, the amendment ought to 
be allowed. 
(5) Where no notice of opposition is given, or the person so 
giving notice does not appear, the Registrar shall determine 
whether and subject to what conditions, if any, the amendment 
ought to be allowed. 
(6) When leave to amend is refused by the Registrar, the 
person making the request may appeal from his decision to 
the Attorney-General. 
(7) The Attorney-General shall, if required, hear the person 
making the request and the Registrar, and may make an order 
determining whether, and subject to what conditions, if any, the 
amendment ought to be allowed. 
(8) No amendment shall be allowed that would make the 
specification, as amended, claim an invention substantially larger 
than, or substantially different from, the invention claimed by 
the specification as it stood before amendment. IPINllIGRD/PIl 
Page 10 
As to 
damages 
where 
amendment 
by way of 
disclaimer 
has been 
allowed 
Amendment 
of specifica­
tion to be 
advertised 
Letters 
patent to be 
duly 
recorded and 
specifications 
numbered (9) Leave to amend shall be conclusive as to the right of the 
party to make the amendment allowed, except in case of fraud; 
and the amendment shall in all courts and for all purposes be 
deemed to form part of the specification. 
(l0) The foregoing provisions of this section do not apply 
when and so long as any action for infringement or proceeding 
for revocation of a patent is pending. 
23. In an action for infringement of a patent, and in a 
proceeding for revocation of a patent, the Court may at any 
time order that the patentee shall, subject to such terms as 
to costs and otherwise as the Court may impose, be at liberty 
to apply at the Registry for leave to amend his specification 
by way of disclaimer, and may direct that in the meantime 
the trial or hearing of the action shall be postponed. 
24. Where an amendment by way of disclaimer, correction, 
or explanation has been allowed under this Act, no damages shall 
be given in any action in respect of the use of the invention before 
the disclaimer. correction, or explanation, unless the patentee 
establishes to the satisfaction of the Court that his original claim 
was framed in good faith and with reasonable skill and knowledge. 
25. Every amendment of a specification shall be advertised 
in the Gazette. 
26. (l) The Registrar shall keep a book at the Registry called 
the Register of Patents, and shall record therein, under a 
distinguishing number and in the order in which application shall 
have been duly made to him, a copy of the letters patent, and 
the christian name or forename and surname of the inventor, 
and the day of the date of the patent, and shall cause every 
specification to be marked with the distinguishing number of 
the invention to which the specification refers. 
(2) All assignments, charges, transmissions, amendments, 
extensions, and revocations of patents, and such other matters 
affecting the validity or proprietorship of patents as may from 
time to time be prescribed, shall be notified to the Registrar, 
who shall, on sufficient evidence thereof, and on payment of 
the prescribed fee, record the same in the register of patents. In action for 
infringement 
of patent, 
etc., patentee 
may amend 
specification 
by way of 
disclaimer Refusal to 
grant patent 
ii'l certain 
cases 
Governor­
General to __ kG rules 
Petition to 
Governor­
General for 
extension of 
term of 
patent IPINllIGRDlP11 
Page 11 
27. The Registrar may refuse to grant a patent for an invention 
which is, or of which the use would be, scandalous or contrary 
to law or morality. 
28. The Governor-General may make rules prescribing the 
fees to be paid under this Act, and for regulating the 
advertisements to be made thereunder, and for any other purpose 
which may be or be deemed necessary for the execution of the 
provisions of this Act. 
29. (1) A patentee may, after advertising in the prescribed 
manner his intention to do so, present a petition to the Governor­
General, praying that his patent may be extended for a further 
term; but such petition must be presented at least six months 
before the time limited for the expiration of the patent. 
(2) Any person may enter a caveat, addressed to the Governor­
General, against the extension. 
(3) If it be made to appear by the patentee that he has been 
inadequately remunerated by his patent, it shall be lawful for 
the Governor-General to extend the term of the patent for a further 
term not exceeding seven, or in exceptional cases, fourteen years; 
or to order the grant of a new patent for the term therein 
mentioned, and containing any restrictions, conditions, and 
provisions, that to the Governor-General may seem fit. 
30. Every patent when sealed shall have effect throughout 
Grenada. 
31. (1) Revocation of a patent may be obtained on petition 
to the Court on any of the following grounds-
(a) that the patent was obtained by fraud; 
(b) that the patentee was not the true inventor or proprietor 
of every invention included in his claim; or 
(c) that anything claimed by the patentee as his invention was 
publicly manufactured, used, or sold within Grenada, 
before the date of the patent, or included in some prior 
patent. 
(2) A petition for revocation of a patent may be presented by­
(a) the Attorney-General or any person authorized by him; Patent when 
sealed to 
have effect 
throughout 
Grenada-
Revocation 
how obtained IPINI1IGRDIPIl 
Page 12 
Procedure 
Act to bind 
the Crown 
and Govern­
ment (b) any person alleging that the patent was obtained in fraud 
of his rights, or of the rights of any person under or 
through whom he claims; 
(c) any person alleging that he, or any person under or through 
whom he claims, was the true inventor of any invention 
included in the claim of the patentee; or 
(d) any person alleging that he, or any person under or through 
whom he claims an interest in any trade, business, or 
manufacture, had publicly manufactured, used, or sold 
within Grenada before the date of the patent anything 
claimed by the patentee as his invention. 
32. (1) In any action or proceeding for the infringement or 
revocation of a patent, the plaintiff or petitioner must deliver, 
with his statement of claim or petition, particulars of the breaches 
complained of or the objections on which he means to rely, and 
a defendant must deliver. with his statement of defence, 
particulars of any objections on which he relies, and no evidence, 
except by leave of the Court, shall be admitted in proof of any 
breach or objection of which particulars are not so delivered. 
(2) Particulars delivered may be from time to time amended 
by leave of the Court. 
(3) When a patent has been revoked on the ground of fraud, 
the Registrar may, on the application of the true inventor made 
in accordance with the provisions of this Act, grant to him or 
his agent a patent in lieu of and bearing the same date as the 
date of revocation of the patent so revoked, and a copy of such 
patent shall be published by the Registrar in the Gazette, but 
the patent so granted shall cease on the expiration of the term 
for which the revoked patent was granted. 
(4) No proceeding shall lie for the revocation of a patent vested 
Her Majesty's Secretary of State for War or Secretary of State 
for Defence for the time being except by the consent of the 
Governor-General. 
33. A patent shall have to all intents the like effect against 
Her Majesty the Queen, her heirs and successors, and the Govern­
ment, as it has against a subject: Court may 
order 
patentee to 
grant 
licences IPINIl/GRDIPIl 
Page 13 
Provided that the officers administering any Ministry or Depart­
ment of the Government may) by themselves, their agents, 
contractors, or others, at any time after the application, use the 
invention for the service of the Government on terms to be before 
or after the use thereof agreed on with the approval of the 
Governor-General between those officers and the patentee or, 
in default of such agreement, on such terms as may be settled 
by the Attorney-General and the Registrar and approved by 
the Governor-General. 
34. If, on the petition of any person interested, it is proved 
that by reason of the default of a patentee to grant licences on 
reasonable terms-
(a) an invention is not being worked in Grenada; 
(b) the reasonable requirements of the public with respect to 
the invention cannot be supplied; or 
(c) any person is prevented from working or using to the best 
advantage an invention of which he is possessed, 
the Court may order the patentee to grant licences on such terms, 
and may enforce such order in such manner, as it shall think fit. 
35. If a patent is lost or destroyed, or its non-production is 
accounted for to the satisfaction of the Registrar, he may at any 
time cause a duplicate thereof to be sealed. 
36. There shall not be entered in the register kept under this 
Act, or be receivable by the Registrar, any notice of any trust 
expressed, implied, or constructive. 
37. (1) If a person possessed of an invention dies without 
making application for a patent for the invention, application 
may be made by, and a patent for the invention granted to, his 
legal representative. 
(2) Every such application must be made within six months 
of the decease of such person, and must contain a declaration 
by the legal representative that he believes such person to be 
the true and first inventor {)f the invention. 
38. A patent granted to the true and first inventor shall not 
be invalidated by an application in fraud of him, or by provi­
sional protection obtained thereon, or by any use or publication 
of the invention subsequent to that fraudulent application during 
the period of provisional protection. Loss or 
destruction 
of patent 
Trust not to 
be entered in 
register 
Person 
possessed of 
invention 
dying. patent 
may be 
granted to 
legal 
representativt 
Where patent 
granted to 
true inventor 
not 
invalidated IPINIVGRD/PIl 
Page 14 
Every patent 
granted for 
one invention 
only 
Patent may 
be a~igned 
for any part 
of Grenada 
Patent 
deemed to be 
registered 
when name 
of proprietor 
is entered in 
register 
Entry of 
assignment 
and 
transmission 
in register 39. Where any person claiming to be the patentee of an 
invention, by circulars, advertisements, or otherwise, threatens 
any other person with any legal proceedings or liability in respect 
of any alleged manufacture, use, sale, or purchase of the inven­
tion, any person or persons aggrieved thereby may bring an action 
against him, and may obtain an injunction against the continuance 
of such threats, and may recover such damage (if any) as may 
have been sustained thereby, if the alleged manufacture, use, 
sale, or purchase to which the threats related was not in fact 
an infringement of any legal rights of the person making such 
threats: 
Provided that this section shall not apply if the person making 
such threats with due diligence commences and prosecutes an 
action for infringement of his patent. 
40. Every patent shall be granted for one invention only, but 
may contain more than one claim; but it shall not be competent 
for any person in an action or other proceeding to take any 
objection to a patent on the ground that it comprises more than 
one invention. 
41. A patentee may assign his patent for any place in or part 
of Grenada as effectually as if the patent were originally granted 
to extend to that place or part only. 
42. A patent shall be deemed to be registered when the 
name of any person is entered as the proprietor thereof in 
the register of patents, and when a copy of the patent has 
. been recorded therein. 
43. Where a person becomes entitled, by assignment, transmis­
sion, or other operation of law, to a patent, the Registrar shall, 
on request and on proof of title, cause the name of the person 
to be entered as proprietor of the patent in the register of patents. 
The person for the time being entered in the register of patents 
~s proprietor of a patent shall, subject to the provisions of this 
Act and to any rights appearing from the register to be vested 
in any other person, have power absolutely to assign, grant 
licences as to, or otherwise deal with the same, and to give 
effectual receipts for any consideration for such assignment, 
licence, or dealing: 
Provided that any equities in respect of the patent may be 
enforced in like manner as in respect of any other personal 
property: Person 
threatened 
with legal 
proceedings 
by other 
person 
claiming 10 
be patentee, 
may obtain 
injunction 
against 
continuance 
of threats Inspection of 
and ex.tracts 
from register IPINI1JGRDIPI1 
Page 15 
Provided also that the priority of all assignments and charges 
shall, as regards purchasers for value without notice, be 
determined by priority of registration. 
44. The register kept under this Act shall be prima facie 
evidence of all matters duly entered therein, and shall together 
with the specification of every registered patent be open to the 
inspection of the public on payment of the prescribed fee; and 
certified copies, sealed with the seal of the Registry, of any entry 
in the register or of any such specification shall be given to any 
person requiring the same, on payment of the prescribed fee: 
Provided that, whenever any specification or extract includes 
any tracing, drawing, or diagram, an additional fee for any copy 
thereof shall be paid equal to the cost of preparing such tracing, 
drawing, or diagram. 
45. (1) The Court on the application of any person aggrieved 
by the omission without sufficient cause of the name of any 
person or of any other particulars from a register kept under 
this Act, or by any entry made without sufficient cause in 
any such register, may make such order for making, expunging, 
or varying the entry, as the Court thinks fit; or the Court 
may refuse the application; and in either case may make such 
order, without respect to the costs of the proceeding, as the 
Court thinks fit. 
(2) The Court may in any proceeding under this section decide 
any question that it may be necessary or expedient to decide 
for the rectification of a register, and may direct an issue to 
be tried for the decision of any question of fact, and may award 
damages to the party aggrieved. 
(3) An order of the Court rectifying a register shall direct 
that due notice of the rectification be given to the Registrar. 
46. The Registrar may, on request in writing, accompanied 
by the prescribed fee-
(a) correct any clerical error in or in connection with an 
application for a patent; or 
(b) correct any clerical error in the name, style, or address 
of the registered proprietor of a patent. 
47. A certificate purporting to be under the hand of the 
Registrar as to any entry, matter or thing which he is authorized 
by this Act or by rules made thereunder, to make or do, shall 
be prima jacie evidence of the entry having been made, and of 
the contents thereof, and of the matter or thing having been done 
or left undone. Court may 
order varying 
of entries in 
register 
Power of 
Registrar to 
correct 
clerical 
errors, etc. 
Certificate of 
Registrar to 
be evidence IPINII/GRDIPI1 
Page 16 
Orders 
affecting the 
Registrar 
may be made 
by the Judge 
Court may 
make orders, 
impose 
terms, etc. 
D~laration 
by infant, 
person of 
unsound 
mind, etc. 
Registrar to 
publish 
annually list 
of patents 
granted 
Transmission 
of copies of 
specifica­
tions, etc. 
Declaration 48. An order requiring the Registrar, to do or abstain from 
doing anything under this Act may be made by a Judge on a 
summons in chambers. 
49. In any proceedings under this Act the Court may at any 
time make such orders for an injunction, inspection, or account, 
impose such terms, and give such directions as to the order in 
which the parties shall be heard, and the procedure under this 
Act generally. as the Court shall see fit. 
50. If any person is, by reason of infancy, unsoundness of 
mind, or other disability, incapable of making any declaration 
or doing anything required or permitted by this Act or by rules 
made thereunder, then the guardian or committee (if any) of the 
person, or. if there be none, any person appointed by the Court 
upon the petition of any person on behalf of the incapable 
person or of any other person interested in making such 
declaration or doing such thing, may make the declaration or 
a declaration as nearly as possible corresponding thereto as 
circumstances permit, and do such thing in the name and on 
behalf of the incapable person; and all acts done by such 
substitute shall, for the purpose of this Act, be as effectual 
as if done by the person for whom he is substituted. 
51. The Registrar shall cause to be published in the month 
of January in each year in the Gazette, a list of all patents granted 
during the preceding year, and any further information that he 
may deem generally useful or important. 
52. Copies of the specifications of all registered patents and 
all registered amendments thereof shall, subject to the prescribed 
rules, be supplied by the patentee to the Registrar for transmis­
sion to the Comptroller-General of Patents in England. 
53. Any declaration required to be made under this Act may 
be taken by the Registrar. IP/N/l/GRD/P/l 
Page 17 
54. Cl) A person who represents that any article sold by 
him is a patented article when no patent has been granted for the 
same, shaH be gUilty of an offence and liable, on summary 
conviction, to a fine of two hundred and fifty dollars. 
(2) A person shall be deemed, for the purposes of subsection 
(l), to represent that an article is patented if he sells the article 
with the word "patent", "patented", or any other word or words 
expressing or implying that a patent has been obtained for the 
article, stamped, engraved, or impressed on or otherwise applied 
to the article. 
55. The Attorney-General may, in connection with the duty 
imposed on him by this Act, examine witnesses on oath and 
administer oaths for that purpose, and may from time to time 
make, alter, and rescind rules, regulating references and appeals 
to him and the practice and procedure before him under this 
Act; and in any such proceeding before him the Attorney-General 
may order costs to be paid by either party, and any such order 
may be made a rule of the Court. Penalty 011 
person 
falsely 
representing 
that article 
sold by him 
is a patem 
article 
Attomey­
General may 
examine 
witnesses on 
oath 