WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP 1N11/BLZ/P Il 
13 June 2000 
(00-2343) 
Original: English/ 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BELIZE 
The present document reproduces the text! of the Patents Bill, 2000, as notified by Belize 
under Article 63.2 of the Agreement (see document IPIN/lIBLZ/l). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BELIZE 
Le présent document contient le texte! du projet de loi sur les brevets, de 2000, notifié par le 
Belize au titre de l'article 63:2 de l'Accord (voir le document IPIN/l/BLZ/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
BELICE 
En el presente documento se reproduce el texto! de la Ley de Patentes, 2000, que Belice ha 
notificado en virtud deI parrafo 2 deI articulo 63 deI Acuerdo (véase el documento IPIN/lIBLZ/1). 
1 In English only./En anglais seulement./En inglés solamente. IP/NIlIBLZ/PI 1 
Page 2 
BEL 1 Z E: 
PATENTS BILL, 2000. 
ARRANGEMENT OF CLAUSES 
PARTI 
PRELIMINARY 
1. Short title 
2. Interpretation 
PART II 
ESTABLISHMENT AND FUNCTIONS OF 
THE INTELLECTUAL PROPERTY OFFICE 
3. Establishment of Intellectual Property Office 
4. Registrar, Deputy Registrar and Assistant Registrars of Intellectual 
Property 
5. Powers and functions of Registrar 
6. Seal 
7. Register 
PART III 
PATENTS 
8. Patentable inventions 
9. Novelty 
10. Inventive step 
Il. Industrial applièation 
12. Matter exc1uded from patent protection 
PART IV 
RIGHT TO APPLY FOR AND OBTAIN A PATENT 
13. Who may apply for a patent 
14. Right to patent 15. Invention by employee or person commisSioned 
16. Judicial assignment of patent application or patent 
PART V 
APPLICATIONS FOR PATENTS 
17. Application for a patent 
18. Unit y of invention 
19. Amendment of application 
20. Joint application 
21. Right to priority 
22. Conversion of patent application 
23. Information concerning corresponding foreign applications IP/N/lIBLZ/P!l 
Page 3 
24. Disclosure of matter, etc., between earlier and later applications 
25. Filing date 
26. Examination 
27. RefusaI or grant of patent 
PART VI 
PROVISIONS AS TO PATENTS AFTER GRANT 
28. Duration and maintenance of patent 
29. Surrender of patent or daim 
30. Effect of registration, etc., on rights in patents 
PART VII 
PROPERTY IN PATENT APPLICATION AND PATENTS 
31. Nature of, and transactions in, patents 
32. Joint ownership of patent 
PART VIII 
RIGHTS OF OWNER OF PATENT 
33. Rights conferred by patent 
34. Right to continue use begun before date of filing or priority IP/N/l/BLZ/P1l 
Page 4 
35. Exploitation by Government or person authorised thereby 
36. Prevention of indirect use of invention 
PART IX 
VQLUNTARY AND NON-VOLUNTARY LICENCES 
37. VolurÙary licences 
38. Non-voluntary licences 
39. Exercise of powers on applications under section 38 
PART X 
INFRINGEMENT 
40. Infringement 
41. Proceedings for infringement 
42. Restrictions on recovery of damages for infringement 
43. Relief for infringement of partially valid patent 
44. Certificate of contested validity of patent 
45. Proceedings for infringement by exclusive licensee 
46. Effect of non-registration on infringement proceedings 
PART XI 
INVALIDATION OF PATENT 
47. Invalidation of patent 
48. Amendment of patent in infringement or invalidation proceedings 
PART XII 
UTILITY MODEL CERTIFICATES 
49. Application of provisions relating to patents 
50. Qualification of invention for utility model certificate 
51. Duration of utility model certificate 
52. Invalidation of utility model certificate 
53. Conversion of application for utility model certificate PART XIII 
INTERNATIONAL ARRANGEMENTS 
54. Application of treaties 
55. Implementation of patent Cooperation 
56. judicial notice of certain treaties 
PART XIV 
GENERAL PROVISIONS 
57. Changes in ownership 
58. Correction of errors 
59. Extension of time 
60. Exercise of discretionary powers 
61. Agents 
62. Jurisdiction of Court 
63. Offences 
64. Immunity regarding official etc. 
65. Registrar's Annual report 
66. Saving in respect of rights to sell forfeited articles 
67. Time limit for prosecution 
68. Regulations 
69. Administrative instructions 
70. Act binding on State 
71. Repeals 
72. Transitional 
73. Commencement IP/N/1/BLZ/P/1 
Page 5 IPlNllIBLZ/PIl 
Page 6 
BEL 1 Z E: 
BILL 
for 
AN ACT to provide for the protection of patents in 
Belize; to repeal the Patents and Designs Act, Chapter 
212 ofthe Laws of Belize, Revised Edition 1980-90; to 
repeal the United Kingdom Patents Acts of 1949 and 
1977 in so far as those Acts have effect as part of the 
law of Belize; and to pro vide for matters connected 
therewith or incidental thereto. 
(Gazetted 18th March, 2000.) 
BE IT ENACTED, by and with the advice and consent of 
the Rouse of Representatives and the Senate of Belize 
and by the authority of the same, as follows:-
PARTI 
PRELIMINARY 
1. This Act may be cited as the. 
PATENTS ACT, 2000. 2ND READING 
MAY 1 9 2000 
Short Utle. Iritéqltetation; 2. In this Act, unless the context otherwise requires:-
"Court" means the Supreme Court; 
1 IP/N/l/BLZ/P!1 
Page 7 
"foreign application" means any application for a patent 
filed by an applicant outside Belize; 
"International Patent Classification" means the 
classification according to the Strasbourg Agreement .of 
March 24, 1971; 
"invention" means an idea of an inventor which permits in 
practice the solution to a specifie problem in the field of 
technology; 
"Journal" means the Journal ofIntellectual Property referred 
to in section 5 (d) of this Act; 
"Minister" means the Minister for the time being to whom 
the subject ofPaterits is assigned by the Governor-General 
CAP 4. pursuant to section 41 of the Belize Constitution; 
"Paris 'Convention" means the Paris Convention for the 
Protection ofIndustrial Property c.f March 20, 1883 as last 
revised; 
"patent" means the title granted to protect an invention; 
"patentee" means the pers on to whom a patent has been 
granted; 
"Patent Cooperation Treaty" means the Patent Cooperation 
Treaty of June 19, 1970; 
"priority date" means the date ofthe earlier application that 
serves as the basis for the right of priority provided for in 
the Paris Convention; 
"Regis ter" means the Register of Patents referred to in 
section 7 of this Ad;' IP/N/1/BLZ/P/1 
Page 8 
"Registrar" means the Registrar of Intellectual Property 
appointed under section 4 of this Act; 
"utility model certificate" means a certificate granted for 
an invention under Part XII of this Act. 
PART II 
ESTABLISHMENT AND FUNCTIONS OF 
THE INTELLECTUAL PROPERTY OFFICE. 
3. (1) There shaH be and is hereby established in and for 
Belize, at such place as the Minister may determine, an 
Intellectual Property Office. 
(2) The Intellectual Property Office shall not be an 
office in the public service. 
4. (1) There shaH be appointed by the Minister a Registrar 
of Intellectual Property who shall, subject to the general 
directions of the Minister and to the provisions of this Act, 
be responsible for the administration of this Act and who 
shall perform such functions, and exercise such powers, as 
are conferred on him by this or any other enactment. 
(2) There shall also be a Deputy Registrar ofIntellectual 
Property and such number of Assistant Registrars are may 
be considered necessary for the proper administration of 
this Act. 
(3) The Minister may give the Registrar written 
directions of a general character which are not inconsistent 
with the provisions of this Act, concerning the exercise and 
performance of powers and functions ÏI9.9 ;Jation to any 
matter which appears to the Minister to con cern the 
development of industrial property and any othèr matters 
connected therewith, and the Registrar shaH carry out such 
directions. -Establishment 
of Intellectual 
Property 
Office. 
Registrar, 
Deputy 
Registrar and 
Assistant 
Registrars of 
Intellcctual 
Property. Powers and 
functions of 
Registrar. 
SeaI. (4) . The· Deputy Registràr ·and Assistant Registrars 
shall perform such functions, and exercise such powers, as 
the Minister may, by Order published in the Gazette, 
deIegate to them from time to time. 
(5) The Office ofRegistrar, Deputy Registrar, Assistant 
Registrar and any other post undèr the Intellectual Property 
Office shaH not be a public office. 
5. Without derogating from the generality of the provisions 
of section 4, the Registrar shaH have the foHowing functions 
and powers, namely to-
(a) process aH application made under this Act; 
(h) grant patents and register utility model certificates; 
(c) ad minis ter granted patents and registered utility 
model certificates; 
(d) establish and maintain a Journal of Intellectual 
Property in which he shall publish all matters that 
are required to be published under this Act or any 
other enactment; 
(e) carry out studies, programs or exchanges of items 
or services regarding domestic and international 
patent Iaw; and 
if) pro vide patent information services such as making 
available, for use by the public, in the prescribed 
manner, and on payment of any prescribed fees, 
patent literature. 
6. (1) The Registrar shall have a seaI approved bithe 
Minister, which he shall affix to every document issued by 
him, and to any copy of a document issued by him in lieu 
of the original document. IP/N/IIBLZ/P!l 
Page 9 IPIN/l/BLZIP/1 
Page 10 
(2) Impressions of the Registrar' s seai shaIl be 
judicially and officially noticed and admitted in evidence. 
7. (1) The Registrar shall maintain a Register of Patents Register. 
in which he shall record all mattèrs required by this Act or 
the Regulations made thereunder to be recorded, and shall 
aIso, in a section of the Register created for that purpose, 
register utility mOdel certificates. 
(2) Any person may, upon payment of the prescribed 
fee, and in accordance with any prescribed conditions, 
consult, inspect or make a copy of, or obtain an extract 
from, the Register. 
(3) The Register shall be primafacie evidence of anything 
required or authorised by this Act to be registered, and shaIl 
be admissible and sufficient evidence of any such thing. 
(4) A certificate signed by the Registrar and certifying 
that any entry which he is authorised by this Act to make 
has or has not been made, or that any other thing which he 
is authorised to do has or has not been done, shaIl be prima 
facie evidence, and shal1 be admissible and sufficient 
evidence of the matters so certified. 
(5) Each of the following, that is to say a copy of-
(a) an entry in the Register or an extract from the 
Register which is supplied under subsection 
(2); and 
(h) any document kept in the Intel1ectual Property 
Office, or an extract from ar~9 .uch document, 
or any matter which has been published in the 
Journal, which is to be a certified copy or a 
certified extract, 
shaH be, admitted in evidence with out further proof and 
without production of the original, and such evidence shall 
be sufficient evidence of the matter states therein. Patentable 
inventions. 
Novelty. (6) In this section, "certified copy" and "certified 
extract" means a copy or extract certified by the Registrar 
and sealed with his seal. 
PART III 
PATENTS 
8. (1) Subject to section 12, a patent may be granted only 
for an invention which satisfies the following conditions: 
(a) the invention is new; 
(h) it involves an inventive step; and IP/N/l/BLZ/P/l 
Page Il 
(c) it is capable of industrial application. 
(2) An invention may be, or may relate to, a product or 
a process. 
9. (1) An invention is considere-::l to be new if it does not 
form part of prior art. 
(2) For the purpose of this Act, prior art in relation to 
an invention means anything which has, at any time prior 
to the filing date or, where priority is claimed, the priority 
date, of the application c1aiming the invention, been 
disclosed to the public anywhere in the world by oral or 
written description, by use, or in any other way. 
(3) For the purpose of subsection (2), the disclosure to 
the public of matter constituting an invention shall not be 
taken into consideration if it occurred within twelve months 
immediately preceding the filing date or, where priority is 
claimed, the priority date of the application, and tfiè­
disclosure was due to or in consequence of:-
(a) acts committed by the applicant or his predecessor 
in title; or IPINIlIBLZIPIl 
Page 12 
(h) an abuse committed by a third party with regard to 
the applicant or his predecessor in title. 
(4) In the case of an invention consisting of a substance 
or composition for use in a method of treatment of the 
human or animal body by surgery or therapy, or of diagnosis 
practised on the human or animal body, the fact that the 
substance or composition forms part of prior art shaH not 
pre vent the invention from being taken to be new if the use 
of the substance or composition in any su ch method does 
not form part of prior art. 
10. An invention shaH be considered as involving an 
inventive step if, having regard to the prior art relevant to 
the application claiming the invention as defined in section 
9 (2), it is not obvious 10 a person having ordinary skill in 
the art. 
Il. An invention shall be considered as being capable of 
industrial application if it can be made or used in any kind 
of industry including without limitation agriculture, fishery, 
handicraft and services. 
12. (1) The following, even if they are inventions within 
the meanirig ofthis Act, shall not be protected as patents:-
(a) a discovery, scientific theory or mathematical 
method; 
(h) a scheme, rule or method for doing business, 
performing a mental act or playing--a game; and 
(c) methods for the treatment of the human or animal 
body by surgery or therapy, as well as diagnostic 
methods practised on the human or animal body. 
(2) Subsection (1) (c) shaH not apply to products for 
use in any of the methods specified therein. Inventive step. 
Industrial 
application. 
Matters 
excluded from 
patent 
protection. Whomay 
apply for a 
patent. 
Right to 
patent. (3) A patent shaH not be granted for an invention the 
commercial exploitation ofwhich it is necessary to prevent 
in Belize in order:-
(a) to protect public order or merality, inc1uding 
to protect human, animal or plant life or health; 
or 
(h) to avoid serious prejudice to the environment: 
(4) The refusaI to grant a patent in respect of an 
invention referred to in subsection (3) shaH not be based 
solely on the ground that the commercial exploitation is 
prohibited by a law in force in Belize. 
PART IV 
RIGHT TO APPLY FOR AND OBTAIN A PATENT 
13. Any person may make an application for a patent either 
alone or jointly with another. 
14. (1) The right to a patent shall belong to the inventor. 
(2) If two or more persons have made an invention 
jointly, the right to the invention shaH belong to them 
jointly. 
(3) Where two or more persons have made the same 
invention independently of each other, the pers on whose 
application bears the earliest filing date or, if priority is 
claimed, the pers on whose application bears the earliest 
validly c1aimed priority date shaH, unless that application 
is abandoned or withdrawn by the applicant, or rejected by 
the Registrar, have the right to the patent. 
(4) The inventor shaH be named as such in the patent 
unless in a special written declaration signed by him and IP/N/1/BLZ/PIl 
Page 13 IP/N/IIBLZ/PIl 
Page 14 
addressed to the Registrar, he indicates that he does not 
wish to be so named. 
(5) Any promise or undertaking made by the inventor 
to any person to the effect that he will make such a 
dec1aration shaH be void. 
(6) The right to a paten t may be assigned or transferred 
by succession. 
15. (1) Where an invention is made in execution of a 
contract of employment or for the execution of work, the 
right to the patent shall, in the absence of any agreement to 
the contrary, belong to the employer or the person who 
commissioned the work as the case may be. 
(2) Where an invention referred to in subsection (1) 
acquires an economic value much greater than the parties 
could reason.ably have foreseen at the time of concluding 
the contract of employment or for the execution ofwork, as 
the case may be, the inventor shaH be entitled to equitable 
remuneration which may be fixed by the Court in the 
absence of agreement between the parties. 
(3) Where an employee w hose contract of employment 
does not require him to engage in any inventive activity 
makes, in the field of the activities of his employer, an 
invention using information or means 1 Jaced at hH disposaI 
by his employer, the right to the patent for such invention 
shaIl be deemed to accrue to the employer in the absence of 
any provision to the contrary in the contract of employment, 
provided that the employee shall be entitled to equitable 
remuneration which, in the absence of agreement between 
the parties, may be fixed by the Court taking into account 
his emoluments, the economic value of the invention and 
any ,benefit derived from it by the employer. 
(4) For the avoidance of doubt, it is hereby dec1ared 
that when an invention is made by an employee whose Invention by 
employce or 
person 
commission cd. Judicial 
assignment of 
patent 
application or 
patent. 
Application 
for a patent. IP/N/IIBLZIPIl 
Page 15 
contract of employment does not require him to engage in 
inventive activity, or in a field of activity different from 
that of his employer, and without using information or 
means put at his disposaI by the employer, the right to the 
patent for such invention shaH accrue to the employee. 
(5) The rights conferred on the inventor under 
subsections (1), (2), (3) and (4) shaH not be restricted by 
contract. 
(6) This section shall not apply to an invention made 
before the comirig into force of this Act. 
16. Cl) Where the essential elements of the invention 
claimed in a patent or application for a patent have been 
unlawfully derived from an invention for which the right to 
the patent belongs to another person, su ch other pers on 
may apply to the Court for an order that the said patent 
application or patent be assigned to him. 
(2) The Court shaH make such order as it sees fit upon 
hearing such application. 
(3) No application for the assi!~nment of a patent under 
subsection Cl) shall bè entertained by the Court after the 
expiry of five years from the date of the grant of the patent 
unless it is shown that any person registered as an owner of 
the patent knew, at the time of the grant or, as the case may 
be, of the transfer of the patent to him, that he was not 
entitled to the patent. 
PART V 
APPLICATIONS FOR PATENTS 
17. (1) Every application for a patent shall be filed with 
the Registrar in the prescribed form and shaH contain:-
(a) a request; IPIN/lIBLZ/PIl 
Page 16 
(h) a description; 
(c) one or more c1aims; 
(d) one or more drawings where required; and 
(e) an abstract. 
(2) The request shaH contain:-
(a) a petition that a patent be granted; 
(h) the name of and other prescribed information 
relating ta the applicant, the inventor, and 
agent, if any; and 
(c) the title of the invention. 
(3) Where the applicant is not the inventor or a joint 
inventor, the request shall be accompanied by a written 
statement justifying the applicant' s fight to the patent. 
(4) The description shall disclose the invention in a 
manner which is sufficiently clear and complete ta permit 
a pers on having ordinary skill in the art to carry out the 
invention, and shall, in particular, indicate at least one 
mode known ta the applicant in which the invention can be 
carried out. 
(5) The claim or claims shall:-
(a) define the matter for which protection lS 
sought; 
(h) be c1ear and concise; and 
(c) be supported by the description. 
(6) The description and the drawings may be used to 
interpret the daim or daims. Unit y of 
invention. 
Amendment of 
application. (7) The Registrar may require an application to file 
drawings where these are necessary for the understanding 
of the invention. 
(8) The purpose of the abstract is to provide technical 
information and shall not be taken into account for the 
purpose of interpreting the scope of the protection sought. 
(9) An applicant may, at any time before the patent is 
granted, withdraw his application. 
(10) An application for a patent shaH be accompanied 
by the prescribed application fee. 
18. (1) An application for a patent shall relate to one 
invention only or to a group of inventions so linked so as to 
form a single general inventive concept. 
(2) The applicant may, at any time before a patent is 
granted, divide the application into two or more applications 
(referred to in this section as "division al applications"), 
provided that each divisional application shall not include 
any matter which was not disclosed in the initial application 
as filed. 
(3) Bach division al application shall be accorded the 
filing date and, where applicable, the priority date, of the 
initial application. 
(4) The fact that a patent has been granted on an 
application that did not comply with the requirements of 
unit y of invention under subsection (1) shall not be a 
ground for the invalidation of the patent. 
19. The applicant may, at any time before a patent is 
granted, amend the application, but the amendment shall 
not include any matter which was not disc10sedin the initial 
application as filed. IP/N/IIBLZIP/l 
Page 17 IPlNllIBLZ/P/l 
Page 18 
20. (1) Where two or more persans apply jointly for a 
patent, they shall, in the absence of an agreement ta the 
contrary, have equal undivided shares in the application 
and none of them shall deal with the application in anyway 
without the consent of the other. 
(2) Notwithstanding the provisions of subsection Cl), 
if any step is required ta be taken to save the application 
From being abandoned, any applicant may, on his own 
behalf and on behalf of aIl y other joint applicant, take such 
step without recourse to the other applicant or applicanis. 
21. (1) An application for a patent may contain a 
declaration claiming the priority, as provided for in the 
Paris Convention, of one or more earlier national, regional 
or international applications filed by the applicant or his 
predecess()( in title in or for any State party to the said 
Convention or any mcmber of the Wodd Trade Organisation. 
(2) Where the application contains a declaration under 
subsection (1), the Registrar may require the applicant ta 
furni~,h, within the prescribed time, a copy of the earlier 
national, regional or international application certified as 
correct by the Office with which it was filed. 
(3) Where the earlier application is not in English, the 
Registrar may require. a translation thereof in English 
verified by the translator that the translation is, ta the best 
of his knowledgc, complete and faithful. 
(4) The effecr of the declaration referred to in 
subsection (1) shall be as provided in the Paris Convention. 
(5) Where any requirement of this section or the 
Regulations pertaining thereto is not fulfilled, the 
declaration referred ta in subsection (1) shaIl be considered 
as having nat been made. Joint 
applicants. 
Right of 
priority. Conversion oC 
patent 
application. 
InCormation 
concerning 
corresponding 
foreign 
applications. IP/N/lIBLZ/P1l 
Page 19 
22. (1) At any tinie before the grant or refusaI of a patent, 
an applicant for a patent may, upon payment of the prescribed 
fee, convert his application into an application for a utility 
model certificate. 
(2) No persan may convert an application under 
subsection (1) more than once. 
23. (1) The applicant shall, if requested by the RegistraI 
furnish him with the date and number of any application for 
a patent filed by him abroad relating to thé same or essentially 
the same invention as that claimed in the application filed 
with the Registrar. 
(2) :rhe applicant shall also, if requested by the 
Registrar, furnish him with the following documents relating 
to any foreign application referred to in subsection (1):-
(a) a copy of any communication received by the 
applicant concerning the results of any search 
or examination carried out in respect of the 
foreign application; 
(b) a copy of the patent granted on the basis of the 
foreign application; 
(c) a copy of any final decision rejecting the 
. foreign application or refusing the grant 
requested in the foreign application; and 
(d) a copy of any final decision invalidating the 
patent granted on the basis of the foreign . 
application referred to in subseètion (1). 
(3) Subsection (2) (a) and (c) shall not apply where the 
Office of the Registrar is an elected Office within the 
meaning of section 55 and has received or will receive an 
international preliminary examination report. IP/NIl/BLZIP/1 
Page 20 
(4) Any document furnished pursuant to this section:-
(a) shaH, if not in English, be accompanied by a 
translation thereof in English, verified by the 
translator that the translation is, to the best of 
his knowledge, complete and faithful; and 
(h) may be used only for facilitating the evaluation 
of the novelty and inventive step ofthe invention 
for which the patent application is made. 
24. Where an application is made for a patent under section 
17 and a declaration is made in accordance with section 
21 (1) in or in connection with that application specifying 
an earlier application, the first-mentioned application and 
any patent granted in pursuance thereof shaIl not be 
invalidated by reason only of the fact that any subject 
matter disclosecl in the earlier application was made 
available to the public at any time after the date offiling of 
the said earlier application. 
25. (l) The Registrar shall accord as the filing date of an 
application for a patent, the date of receipt of the application, 
provided that at the time of its receipt, the following 
requirements are satisfied:-
(a) the documents filed contain an express or 
implied indication that the granting of a patent 
is sought; 
(h) the documents filed identify the applicant or 
applicants; 
(c) the documents filed contain information which, 
on the face vf it. appears to be a description of 
the invention. 
(2) Where the application does not comply with the 
requirements of subsection (1), the Registrar shall so inform Disclosure of 
matter, etc., 
between 
earlier and 
later 
applications. 
Filing date. Examination. IP/N/lIBLZ/P1l 
Page 21 
the applicant in writing and shaH invite him, subject to 
section 19, to file the required amendment. 
(3) The Registrar shaH then accord, as the filing date, 
the date ofreceiptofthe amendmentreferred to in subsection 
(2). 
(4) Where the applicant fails to make the required 
amendment, the application shall be treated as if it had not 
been filed. 
(5) Where the application refers to drawings which are 
not included in the application, the Registrar shall invite 
the applicant to furnish the missing drawings and, if the 
applicant complies, the Registrar shall accord as the filing 
date of the application, the date of receipt of the missing 
drawings. 
(6) Where the applicant fails to comply with subsection 
(5), the Registrar shall accord as the filing date of the 
application, the date of receipt of the application and shaH 
treat any reference to the said drawings as non-existent. 
26. After according a filing date, and if the application is 
not withdrawn, the Registrar shaH examine the application 
to determine whether:-
(a) it complies with the requirements of section 17 (1), 
(2), (3) and (l0) and the Regulations pertaining 
thereto; 
(b) it complies with the requirements of this Act; 
(c) it complies with the requirements of the Regulations 
as have been designated by the Regulations ta be 
formaI requirements; and 
(d) information requested under section 23, if any, has 
been provided. IPIN/l/BLZ/P/l 
Page 22 
27. (1) Subject to section 25 (2) to (4), where the Registrar 
is not satisfied that the requirements of the Act and the 
Regulations have been complied with, he shaH refuse the 
application and so inform the applicant in writing, stating 
the reasons for the refusaI. 
(2) Where two or more patent 'applications for the 
same invention, having the same filing date or the same 
priority date, are filed by the same applicant or his successor 
in title, the Registrar may, on that ground, refuse to grant a 
patent in respect of more than one of the applications.' 
(3) Where the Registrar refuses an application un der 
subsection (2) he shall so inform the applicant in writing, 
stating the reasons for his refusaI. 
(4) Where Registrar is satisfied that the application, as 
originally filed or as amended, complies with the 
requirements of section 26, he shall grant the applicant a 
patent. 
(5) Where the Registrar grants a patent, he shall:-
(a) publish, in the Journal, a notice of the grant of 
the patent; 
(b) issue a certificate of the grant of the patent and 
a copy of the patent to the applicant; and 
(c) record the patent in the Register. 
(6) The Registrar shall, on payment of the prescribed 
fee, make a copy of any patent granted under this section. 
available ta any persan who requests such copy. 
(7) The Registrar shall, upon the request of the owner 
of the patent, amend the text or drawings of the patent in 
order to limit the extent of the protection conferred thereby, RefusaI or 
grant of 
patent. Duration and 
maintenance 
of patent. provided that the amendment would riot result in the 
disc1osurecontained in· the patent goingbeyond the 
disc10sure containedinthe initial application on the basis 
of which the patent was granted. 
(8) The patent shall be deemed ta be granted on the 
date on which the Registrar publishes a notice of the grant 
of the patent in the Journal. 
PART VI 
PROVISIONS AS TO PATENTS AFTER GRANT 
28. (1) Subject ta subsection (2), a patent shall expire 20 
years after the filing date of the application therefor. 
(2) In arder ta main tain a patent or patent application, 
the owner of the patent or the applicant shall pay in advance 
ta the Registrar for each year starting one year after the 
filing date of the application for the grant of the patent, the 
prescribed annual fee. 
(3) (a) Where the peri ad prescribed for the payment of 
the an nu al fee expires and payment of the said fee has not 
been made, the RegistraI' shall give the owner of the patent 
or the applicant, as the case may be, a period of grace not 
exceedingsix months, within which he must pay the annual 
fee. 
(b) The owner of the patent or the applicant, as the 
case may be, shall, when paying the annuai fee in accordance 
with paragraph (a), aiso pay, ta the Registrar, the surcharge 
prescribed for Iate payment. 
(4) A patent shalliapse or a patent application shaH be 
deemed ta have been withdrawn if the annual fee is not paid 
in accordance with the provisions of this section. 
(5) If a patent ceases ta have effect under this section, 
the Registrar shaH enter the lapse in the Register and 
publish it in the Journal. IP/N/1/BLZ/P/l 
Page 23 IPINIlIBLZ/PI1 
Page 24 
29. (1) The owner of a patent may, at any time by notice 
given ta the Registrar in the prescribed manner, offer ta 
surrender his patent or one or more claims contained in his 
patent. 
(2) Where an offer is made under this section, the 
Registrar shall advertise the offer in the prescribed manner 
and any interested person may, within the prescribed period 
commencing on the date of the publication of the 
advertisement, give notice ta the Registrar ofhis opposition 
to the proposed surrender. 
(3) Where notice of opposition is duly given underthis 
section, the Registrar shall natif y the owner of the patent in 
writing and determine the question. 
(4) Where the Register is satisfied that the patent or 
any claim or claims contained in the patent may properly be 
surrendered, he may accept the offer and record his 
acceptance in the Register and shall, as soon as practicable, 
publish a notice of his acceptance in the Journal. 
(5) From the date of publication of the notice under 
subsection (4), the patent or claim or daims shall cease to 
have effect, but no action for infringement shall lie in 
respect of any act done before that date, and no right to 
compensation shall accrue for any use of the patented 
invention before that date for purposes of the State. 
(6) Where a patent has been granted to two or more 
persons, a notice in accordance with subscction (1) shall be 
signed by each of them. 
30. (1) Any person who c1aims ta have acquired the 
property in a patent or application for a patent by virtue of 
any transaction to which this section applie<; shall be 
entitled as against any other persan who c1aims to have 
acquired that property by virtue of an earlier transaction to Surrender of 
patent or 
daim. 
Erreet of 
registration, 
etc., on righ ts 
in patents. which this section applies if, at the time of the later 
transaction:-
(a) the earlier transaction was not registered; or 
(h) in the case of any application, notice of the earlier 
transaction had not been given to the Registrar; and 
(c) in any case, the person c1aiming under the later 
transaction did not know of the earlier transaction. 
(2) Subsection (1) shall apply equally to the case 
where any pers on claims to have acquired any right in or 
under a patent or application for a patent by virtue of a 
transaction to which this section applies, and that right is 
incompatible with any such right acquired by virtue of an 
earlier transaction to which this section applies. 
(3) This section applies to the following transactions: 
(a) the assignment of a patent or application for a 
patent or a right in i t; 
(h) the mortgage of a patent or application or the 
granting of security over it; 
(c) the grant, assignment of a licence or sub­
licence, or mortgage of a licence or sub-licence, 
under a patent or application; 
(d) the death of the owner or one of the owners of 
any su ch patent or application or of any person 
having a right in a patent or application and the 
vesting, of any such right, by an assent of the 
personal representative of the applicant or 
owner of a patent; and 
(e) any order or directions of a Court or other 
competent authorily:-IP/N/l/BLZIP/l 
Page 25 IPlNlllBLZ/P/l 
Page 26 
(i) transferring a patent or application or any 
right in or under it to any person; or 
(ii) that an application should proceed in the 
name of any person, and in either case the 
event by virtue of which the Court or 
authority had power to make any such 
order or give any such directions. 
(4) Where an application for the registration .of a 
transaction has been made, but the transaction has not been 
registered, registration of the application shall, for the 
purposes of subsection (1) (a), be treated as registration of 
the transaction. 
(5) For purposes ofthis section, "transaction" includes 
an instrument and an event. 
PART VII 
PROPERTY IN PATENT APPLICATION 
AND PATENTS 
31. (l) A patent or application for a patent is personal 
property (without being a thing in action), and any patent 
or any such application and rights in or under it may be 
transferred, created or granted in accordance with 
subsections (2) to (6). 
(2) Subject to section 32 (2) (h), any patent Of any such 
application, or any right in it, may be assigned or mortgaged. 
(3) Any patent or any such application or right shall 
vest by operation of law in the same way as any other 
personal property and may be vested by an assent of 
personal representati yeso 
(4) Subject to section 32 (2) (h), a licence may be 
granted under any patent or any such application for working Nature of, and 
transactions in 
patents. Joint 
ownership of 
patent. the invention which is the subject of the patent or the 
application, and:-
. (a) to the extent that the licence so provides, a sub­
licence may be granted under any such licence and 
any such licence or sub-licence may be assigned or 
mortgaged.; and 
(h) any such licence or sub-licence shaH vest by 
operation of law in the same way as any other 
pers on al property and may be vestcd by an àssent 
of personal representatives. 
(5) Any of the following transactions, that is to say:-
(a) any assignment or mortgage of a patent or any 
such application, or any right in a patent or any 
application; or 
(h) any assent relating to any patent or any such 
application or right, 
shall be void unless it is in writing and is signed by or 
on behalf of the parties to the transaction (or, in the case 
of an assent or other transaction by a personal 
representative, by or on behalf of the personal 
representative), or in the case of a body corporate, is so 
signed or is un der the seal of that body. 
(6) An assignment of a patent or any such application 
or a share in it, and an exclusive licence granted under any 
patent or any such application may confer, on the assignee 
or licensee, the right of the assignor or licensor to bring 
proceedings by virtue of section 41 for a previous 
infringement. 
32. (1) Where a patent is granted to two or more persons 
jointly, each of the patentees shall, in the absence of an IPINIlIBLZ/PIl 
Page 27 IPINIlIBLZ/P/l 
Page 28 
agreement to the contrary, be entitled to an equal undivided 
share in the patent. 
(2) Subject to the provisions of subsection (4), ajoint 
patentee shaH not be entitled, in the absence of an agreement 
to the contrary, and in the absence of the consent of the joint 
patentee or patentees, to:-
(a) make, use, exercise, or dispose of the patented 
invention; 
(h) grant a licence or assign or mortgage the 
who le or any part of his interest in the patent; 
or 
(c) take any step or institute any proceedings. 
relating to the patent; 
provided that he may without recourse to any other joint 
patentee, pay any annual fee which is payable. 
(3) Where a patented article is disposed of by a joint 
patentee, the person who acquires the patent, or any person 
making a claim through him shall be entitled to deal with 
that article in the same manner as though the article had 
been disposed of by the patentees jointly. 
(4) Any joint patentee may institute proceedings for 
infringement and shaH gi ve notice thereof to any other joint 
patentee, and any such other joint patentee may intervene 
as co-plaintiff and recover any damages in respect of any 
damage he may have suffered as a result ofthe infringement. 
PART VIII 
RIGHTS OF OWNER OF PATENT 
33. (1) The exploitation of a patented invention in Belize 
by any person other than the owner of the patent shaH 
require the latter' s authorisation. Rights 
conferred by 
patent. (2) For the purposes of this section, exploitation of a 
patented invention means:-
(a) where the patent has been granted in respect of 
a product:-
(i) making, importing into Belize, offering 
for sale, selling and using that product; 
(ii) stocking such product for the purposes of 
offering it for sale or selling or using it; 
and 
(h) where the patent has been granted in respect of 
a process:-
(i) using that process; and 
(ii) doing any act referred to in paragraph (a) 
in respect of a product obtained by means 
of that process. 
(3) Subject to subsection (4) and to sections 34, 35 and 
38, the owner of the patent shall have the right to bring an 
action against any person who exploits the patented 
invention in Belize without his authorisation. 
(4) The rights under the patent shall not ex tend to:-
(a) acts in respect of articles which have been put 
on the market in Belize by the owner of the 
patent or with his consent; 
(h) the use of al ticles on aircraft, land vehicles or 
vessels of other countries which temporarily 
or accidentally enter the airspace, territory or 
waters of Belize; 
(c) acts do ne only for experimental purposes 
relating to a patented invention; IP/N/1/BLZ/PIl 
Page 29 IPIN/l/BLZIP/l 
Page 30 
(d) the extemporaneous preparation for individu al 
cases, in a pharmacy, of a medicine in 
accordance with a medical prescription or acts 
concerning the medicine so prepared; or 
(e) acts performed by any person who in good 
faith, before the filing or, where priority is 
claimed, the priority date of the application on 
which the patent is granted, and in Belize, was 
using the invention or was making e.ffective 
and serious preparations for such use. 
(5) The right of prior user referred to in subsection (4) 
(e) may be transferred or devolve only together with the 
enterprise or business, or with that part of the enterprise or 
business in which the use or preparations for use have been 
made. 
34. (1) Where a patent is granted for an invention, a person 
who before the date of filing of the patent before date of 
application, or if priority was claimed, before the date of 
priority, does in good faith in Belize, an act which would 
constitute an infringement of the patent if it were then in 
force, or makes effective and serious preparations in good 
faith to do such an act, shall have the rights specified in 
subsection (2). 
(2) The rights referred to in subsection (1) shall be the 
following, namely:-
(a) to continue to do or, as the case may be, to do 
that act himself; and 
(h) if the act was done or preparations had been 
made to do it in the course of a business:-
(i) to assign the right un der paragraph (a); 
(ii) to transmit the right under paragraph (a) 
to his heirs on his death or, in the case of Right to 
continue use 
begun before 
date of filing 
or priority. Exploitation 
by 
Govcrnmcllt 
or pcrson 
authoriscd 
thcrcby. IP/N/lIBLZ/P/1 
Page 31 
a body corporate, on its dissolution, to 
any person who acquires that part of the 
busihess in the course of which the aet 
was done or preparations had been made 
to do it; or 
(iii) to authorise the act to be do ne by any 
partners of his for the time being in that 
business, 
and the doing of that aet by virtue of this subsection shall 
not amount to an infringement of the patent eoneerned. 
(3) The rights specified in subseetion (2) shaH not 
include the right to grant a licence to any person to do an act 
referred t.o in subsection (1). 
(4) Where a product which is the ::;ubject of a patent is 
disposed of by any persan to another in exercise of a right 
conferred by subsection (2), that other and any person 
claiming through him shaH be cntitled to deal with the 
product in the same way as if it had been disposed of by a 
sole owner of the patent. 
35. (1) Where:-
(a) the p~blic interest, in particular, national security, 
nutrition, health, or the development of other vital 
sectors of the national eeonomy so requires; or 
(h) the Minister has determined that the manner of 
exploitation, by the owner of the patent or his 
licensee, is anti-competitive, and he is satisfied 
that the exploitation of the invention in aecordance 
with this subsection would remedy such practiee, 
the Minister may decide that, even without the agreement 
of the owner of the patent, a Government agency or a third 
person designated by the Minister may exploit the invention. IPINIlIBLZ/PI1 
Page 32 
(2) The exploitation of the patented invention shaH be 
limited to the purpose for which it was authorised and shaH 
be subject to the payment to the said owner of an adequate 
remuneration therefor, taking into account the economic 
value of the Minister' s authorisation, as determined in the 
said decision, and, where a decision has been taken under 
subseètion 1 (h), the need to correct anti-competitive 
practices. 
(3) The Minister shall make his decision after hearing 
the owner of the patent and any interested person. 
(4) A request for the Minister' s authorisation to exploit 
a patented invention shall be accompanied by evidence that 
the owner of the patent has received, from the person 
seeking the authorisation, a request for acontractuallicence, 
but that that person has been unable to obtain su ch a licence 
on reasonable commercial terms and conditions and within 
a reasonable time. 
(5) Subsection (4) shall not apply in cases of: 
(a) national emergency or other circumstances oJ 
extreme urgency provided, however, that in 
such cases the owner of the patent shaH be 
notified of the Minister' s decision as soon as 
reasonably practicable; 
(h) public non-commercial use; and 
(c) anti-competitive practices determined as such 
by the Minister in accordance with subsection 
(1) (h). 
(6) The exploitation of a patented invention in the 
field of semi-conductor technology shaH only be authorised 
for public non-commercial use or where a judicial or 
administrative body has determined that the manner of exploitation of the patented invention, by the owner of the 
patent or his licensee, is anti -competitive, and if the Minister 
is satisfied that the issuance of the non-voluntary licence 
would remedy such practice. 
(7) The authorisation shaH not exclude:-
(i) the conclusion of licence con tracts by the 
owner of the patent; or 
(ii) the continued exercise, by the owner of the 
patent, of his rights under section 33 (2); or 
(iii) the grant of a non-voluntary licence under 
section 38. 
(8) Where a third pers on has been designated by the 
Minister, the authorisation may only be transferred with 
the enterprise or business of that person or with the part of 
the enterprise or business within which the patented 
invention is being exploited. 
(9) The exploitation of the patented invention by the 
Government agency or third person designated by the 
Minister shall be predominantly for the supply of the 
market in Belize. 
(10) Upon the request of the owner of the patent, of the 
Government agency or of the third party authorised to 
exploit the patented invention, the Minister may, after 
hearing the parties, vary the terms of the decision authorising 
the exploitation of the patented invention to the extent that 
changed circumstances justify such variation . 
. (11) Upon the request of the owner of the patent, the 
Mïnister shall terminate the authorisation if he is satisfied, 
after hearing the parties, that the circumstances which led 
. t.o his decision have ceased to exist and are unlikely to IP/N/IIBLZ/P1I 
Page 33 IPINIliB LZIPI1 
Page 34 
recur, or that the Government agency or third pers on 
designated by him has failed to comply with the ternis of 
the decision. 
(12) Notwithstanding subsection (11), the Minister shall 
not terminate the authorisation if he is satisfied that the 
need for adequate protection of the legitimate interests of 
the Government agency or third person designated by him 
justifies the maintenance of the decision. 
36. (1) While in force, a patent shall confer, on its owner, 
the right to prevent all persons not having his authorisation, 
from supplying or offering to supply in Belize, a person 
(other th an a person entitled to engage in commercial 
working of the patented invention) with means relating to 
an essential element of that invention, for putting it into 
effect therein, provided that the person knows, or it is 
obvious to a reasonable pers on in the circumstances that 
those means are suitable for putting, and are intended to 
put, that invention into effect. 
(2) Subsection (1) shall not apply where:the means 
referred to therein are staple commercial products, except 
where the persan induces the person supplied to commit 
acts which the owner of the patent is entitled to prevent by 
virtue of section 33. 
(3) Any person who commits an act referred to in 
paragraph (c) or(d) of section 33 (4) shall notbe considered 
to be a person entitled to engage in commercial working of 
the invention for the purposes of subsection (1). 
PART IX 
VOLUNTARY AND NON-VOLUNTARY 
LICENCES 
37. (1) Subject to section 32, the owner of a patent 
application or patent may grant a licence in respect of the 
relevant invention. Prevention or 
indirect use of 
invention. 
Voluntary 
licences. (2) Any licence contract conceming a patent or an 
application therefor shall be filed with the Registrar who 
shaH keep its contents confidential but shaH, upon payment 
of the prescribe.d fee, record it in the Register and publish 
a reference thereto in the J oumal in the manner prescribed. 
(3) Until such contract has been sorecorded, the licence 
shall have no effect against third parties, unless otherwise 
decided by the Court. 
(4) In the absence of any provision to the contrary in 
the terms of a licence contract, a licensee may not extend, 
to another person, the authorisation conferred on him by 
the owner in accordance with subsection (1), nor may he 
assign or mortgage his licence. 
(5) In the absence of any provision to the contrary in 
the terms of a licence contract, the owner of a patent may 
continue to enjoy the rights conferred on him by sections 33 
and 36. 
(6) To the extent that the licence has been granted as an 
exclusive licence, the owner may not grant a licence in 
respect of the invention to a third persan and may not 
himself do any ofthe acts referred ta in sections 33 and 36. 
(7) If, before the expiration of the licence contract, any 
of the following events occur with respect to any patent 
application or patent, the subject of that contract:-
(a) the patent application is withdrawn or is 
deemed to be withdrawn; 
(h) the patent application is treated as if it had not 
been filed; 
(c) the grant of the patent is refused; or 
(d) the patent is invalidated, IP/N/lIBLZ/P/l 
Page 35 IP/NIl/BLZ!P!l 
Page 36 
the licensee shall, from the date of the event, no longer be 
bouncl to make any payment directly relating to that patent 
application or patent. 
(8) In any case referred to in subsection (7), the licensee 
shall have the right to repayment of the payments already 
made and directly relating to the patent application or 
patent in question, provided that he has not benefited from 
the licence. 
38. (1) (a) At any time after the expiration of four years 
from the date of filing of a patent application or three years 
from the date of the grant of a patent, whichever happens 
later, any intereEted person may apply to the Court for the 
grant of a non-voluntary licence under the patent on the 
grounds that the patented invention is not being exploited 
or is being insufficiently exploited by working the invention 
in Belize, or by importation into Belize. 
(b) N otwithstanding paragraph (a), a non-voluntary 
licence shall not be issued if the owner of the patent 
satisfies the Court that circumstances exist which justify 
the non-exploitation or insufficient exploitation of the 
patented invention in Belize. 
(2) The Court shall, where it grants a non-voluntary 
licence, fix:-
(a) the scope and function of the licence; 
(b) the time limit within which the licensee must 
begin to exploit the patented invention; and 
(c) the amount of the remuneration to be paid to 
the owner of the patent, and the conditions of 
the payment thereof. 
(3) The beneficiary ofthe non-voluntary licence shall:-Non-voluntary 
licences. (a) have theright to exploit the patented invention 
in Belize in accordance with the Court' s order; 
(h) commence the exploitation of the patented 
invention within the time stipulated in the said 
order; and 
(c) thereafter, exploit the patented invention 
sufficientl y. 
(4) Where the invention claimed in a patent (referred 
to in this section as a "later patent") cannot be exploited in 
Belize without infringing a patent granted on the basis of an 
application benefiting from an earlier filing, or, where 
appropriate, priority date (referred to in this section as an 
"earlier patent"), and provided that the invention claimed 
in the later patent involves an important technical advance 
of considerable economic importance in relation to the 
invention claimed in the earlier patent, the Court may, upon 
the application of the owner of the later patent, issue a non­
voluntary licence to the extent necessary to avoid 
infringement of the earlier patent. 
(5) Where a non-voluntary licence is issued in 
accordance with subsection (4), the Court shall, upon the 
application of the owner of the earlier patent, issue a non­
voluntary licence in respect of the later patent. 
(6) In the case of an application for the issuance of a 
non-voluntary licence in accordance with subsections (4) 
and (5), subsection (2) shall apply mutatis mutandis, 
except that no time limit need be fixed by the Court. IPIN/1/BLZIP/l 
Page 37 
(7) In the case of a non-voluntary licence issued under 
subsection (1), the transfer may be made only with the later 
patent, or, in the case of a non-voluntary licence issued 
under subsection (4), only with the earlier patent. 
(8) An application for a non-voluntary licence shall be 
subject to payment of the prescribed fee. IPfNll/BLZIP/1 
Page 38 
(9) No licence shall be granted under this section in 
respect of a patented invention in the field of semi-conductor 
technology. 
(lO)Section 35 (2) to (12), and 62 (2) shall apply 
mutatis mutandis. 
39. The powers of the Court on an application under section 
38 shall be exercised with a view to ensuring that the 
inventor or other person beneficially entitled to a .patent 
receives adequate remuneration having regard to the 
economic value of the licence. 
PART X 
INFRINGEMENT E"ercise of 
powers on 
applications 
undcr section 
38. 
40. Subject to the provisions of sections 33 (4),35 and 38, Infringcment. 
the performance, in relation to a patent, of any act referred 
to in sections 33 and 36 without the authorisation of the 
owner of the patent shall, while it is in force, constitute an 
infringement. 
41. (1) The owner of the patent shall, in addition to any 
other right, remedy or action available to hi m, have the 
right, subject to sections 33 (4),35,38 and 42, to institute 
court proceedings against any person who infringes the 
patent by performing, without his authorisation, any of the 
acts referred to in section 33 (2) or who performs acts 
which make it likely that infringement will occur. 
(2) A plaintiff in proceedings for infringement shall be 
entitled to relief by way of:-
(a) an injunction; 
(h) the seizure, forfeiture or destruction of: Proccedings 
for 
infringcmcnt. (i) any infringing product or article, or of 
any product or article of which the 
infringing product or article forms an 
inseparable part: and 
(U) any article, instrument or thing by means 
of which any infringing product or article 
was produced; 
(c) damages; 
(d) an account of the profits derived from the 
infringement; or 
_( e) any other relief provided for in the general 
law. 
(3) The Court shall not, in awarding damages under 
this section, also arder, in respect of the same infringement, 
that the plaintiff be given an account of the profits derived 
from the infringement. 
(4) In any proceedings for infringement, the defendant 
may counter-claim for the invalidation of the patent and, by 
way of defence, rely upon any ground on which a patent 
may be invalidated. 
(5) In any proceedings under this section, the plaintiff 
shaH, before instituting the proceedings, give notice thereof 
to every licensee under the patent in question whose name 
is recorded in the Register, and any such licensee shall be 
entitled to intervene as co-plaintiff. 
(6) Where a licensee requests the owner of a title of 
protection granted under this Act to institute court 
proceedings for a specifie relief and the owner fails to do 
sO,the licensee may bring an action under this section and 
the Court shaH grant him any relief speeified in subseetion 
(2) or any other relief provided for in the generallaw. IP/N/lIBLZ/P/1 
Page 39 IPINIlIBLZ/P/1 
Page 40 
(7) (a) In any proceedings for infringement other than 
criminal proceedings, where the subject matter of the 
patent is a process for obtaining a product, the burden of 
establishing that the product was not made by the process 
shaH rest on the defendant if:-
(i) the product is new; or 
(ii) a substantial likelihood exists that the product 
was made using another process and the owner 
of the patent has been unable through reasonable 
efforts, to determine the process used. 
(h) In requiring the production of evidence, the 
court shall take into account the legitimate interests of the 
defendant in not disclosing his manufacturing and business 
secrets. 
(8) The Court shall, in awarding damages under this 
section, calculate such damages taking into account the 
amount of a reasonable royalty which would have been 
payable by a licensee or sub-licensee in respect of the 
patent concerned. 
42. (1) In proceedings for infringement of a patent, 
damages shaH not be awarded, and no order shall be made 
for an account of profits, against a defendant who proves 
that at the date of the infringement hl' was not aware, and 
had no reasonable grounds for supposing that the patent 
existed; and a persan shaH not be taken ta have been aware 
or ta have had reasonable grounds for sb supposing by 
reason only of the application to a product of the word 
"patent" or "patented", or any word or words expressing or 
implying that a patent has been obtained for the product, 
unless the nl1mber of the patent accompanied the word or 
words in question. 
(2) Where an amendment of the description of a patent 
has been allowed under the provisions of thi" Act, no Restrictions 
on recovery of 
damages for 
infringement. Relief for 
infringement 
of partially 
valid patent. 
Certificatc of 
contcsted 
yalidity of 
patent. IPINIlIBLZ/P/1 
Page 41 
damages shall be awarded in proceedings for an 
infringement of the patent committed before the decision to 
allow the amendment unless the Court is satisfied that the 
description as published was framed in good faith and with 
reasonable skill and knowledge. 
43. (1) If the validity of a patent is put in issue in 
proceedings for infringement of the patent and it is found 
that the patent is on1y partially val id, the Court may, subject 
to subsection (2), grant relief in respect of that part of the 
patent which is found to be valid and infringed. 
(2) Where in any such proceedings it is found that a 
patent is only partially valid, the Court shall not grant relief 
by way of damages, costs or expenses, except where the 
plaintiff proves that the description was framed in good 
faith and with reasonable skill and knowledge and, in that 
event, the Court may grant relief in respect of that part of 
the patent which is valid and infringed, subject to the 
discretion of the Court as to costs or expenses and as to the 
date from which damages should be reckoned. 
(3) As a condition of relief under this section, the 
Court may direct that the description be amended to its 
satisfaction upon an application made for that purpose 
under section 48 and an application may be so made 
accordingly, whether or not aIl other issues in the 
proceedings have been determinecl. 
44. (1) Where in any proceedings before the Court the 
validity of a patent to any extent is contested and that patent 
is found by the Court to be whoUy or partially valid, the 
Court may certify the finding and the fact that the validity 
of the patent was so contested. 
(2) Where a certificate is grated under this sestion and 
in any subsequent proceedings before the Court for 
infringement of the patent concerned or for invalidation, a IPlNllIBLZ/P/l 
Page 42 
final order or judgment is made or given in favour of the 
party relying on the validity of the patent as found in the 
earlier proceedings, that party shall, unless the Court 
otherwise directs, be entitled to his costs or expenses as 
between attorney-at-law and client (other than the costs or 
expenses of any appea1 in the subsequent proceedings.). 
45. (1) Subject to the provisions of this section, the holder of 
an exclusive licence under a patent shaH have the same right 
as the owner of the patent to bring any proceedings in respect 
of any infringement of the patent committed after the dàte of 
the licence; and references to the owner of the patent in this 
Act relating to infringement shaIl be construed accordingly. 
(2) In awarding damages or granting any other relief in 
any such proceedings, the Court shaIl take into account any 
10ss suffered or 1ikely to be suffered by the exclusive 
1icensee as su ch as a resuIt of the infringement, or, as the 
case may be, the profits derived from the infringement, so 
far as it constitutes an infringement of the rights of the 
exclusive licensee as such. 
46. Where by virtue of a transaction, instrument or event to 
which section 30 applies, a pers on becomes the 'owner or 
one of the owners or an exclusive licensee of a patent and 
the patent is subsequently infringed, the Court shaH not 
award him damages or order that he be given an account of 
the profits in respect of such subsequent infringement 
occurring before the transaction, instrument or event is 
registered unless:-
(a) the transaction, instrument or event is registered 
within the period of six months beginning with its 
date; or 
(h) . the Court is satisfied that it was not practicable to 
register the transaction, instrument or event before 
\ 
the end of that period and that it was registered as 
soon as was practicable thereafter. Proceedings 
for 
infringerncnt 
by exclusive 
Iicensee. 
Effect of non­
rcgistration on 
infringernent 
procccdings. Invalidation of 
patent. PART XI 
INVALIDATION OF PATENT 
47. (1) Subject to the provisions of this Act, the Court 
may, on the application of any interested party, invalidate 
a patent on any of the following grounds:-
(a) that the invention is not an invention as defined 
in this Act; 
(h) that the patent concerned is not patentable 
under section 8 or does not satisfy the 
requirements of section 9 (1), (2) and (3), and 
sections 10 and Il; 
(c) that the invention is a matter which should, in 
accordance with section 12, have been 
excluded from patent protection; 
(d) that the patent was granted to a pers on who 
was not entitled thereto under section 14 or 15, 
as the case may be; 
(e) that the patentee' s application did not satisfy 
the requirements of section 17 (4) to (7); 
(j) that the subject matter of the patent extends 
beyond the content of the patent application as 
filed or, if the patent was granted on a di vision al 
application, it extends beyond the content of 
the relevant earlier application as filed; or 
(g) that the protection conferred by the patent has 
been extended by an amendment which should 
not have been allowed. 
(2) Any invalidated patent, daim or part of a claim 
shall be regarded as being null and void from the date of the 
grant of the patent. IP/N/1/BLZ/P/l 
Page 43 JP/N/1/BLZ/P11 
Page 44 
(3) An application for the invalidation of a patent shaH 
be served on the patentee and filed with the Court in the 
manner and within the time prescribed. 
(4) The Registrarofthe Supreme Court shall notify the 
Registrar of the final decision of the Court and the Registrar 
shall forthwith record it and publish a reference thereto in 
the Journal. 
48. (1) Subject to subsection (5), in any proceedings before 
the Court in which the validity of a patent is put in issue, the 
Court may allow the owner of the patent to amend the 
patent in such manner, and subject to such terms as to 
advertising the proposed amendment and as to costs, 
expenses or otherwise, as the Court thinks fit. 
(2) Any interested pers on may give notice to the Court 
of his opposition to an amendment proposed by the owner 
of the patent under this section, and if he does so the Court 
shall notify the owner and consider the opposition in 
deciding whether the amendment should be allowed. 
(3) An amendment of a description under this section 
shall ha-ye effect and shall always be deemed to have effect 
from the grant of the patent. 
(4) Where an application for an order under this section 
is made to the Court, the applicant shall notify the Registrar 
who shaH be entitled to appear and be heard, and shall 
appear if so directed by the Court. 
(5) No amendment shaH be allowed under this section 
if it discloses matter which extends beyond that disclosed 
in the description of the granted patent or extends the scope 
of the protection conferred by the patent. Amendment of 
patent in 
infringement 
or invalidation 
proceedings. Application of 
provisions 
re!ating to 
patents. 
Qualification 
of invention 
for utility 
mode! 
certificate. 
Duration of 
utility mode! 
certificate. 
Invalidation of 
utility mode! 
certificate. PART XII 
UTILITY MODEL CERTIFICATES 
49. (1) Except as otherwise provided under this Part, the 
provisions of this Act relating to patents and applications 
shall apply to utility model certificates and applications 
therefor. 
(2) Sections 8, 10, 28 and 47 (1) shall not apply to 
utility model certificates and to applications therefor. 
50. (1) An invention shall qualify for a utility model 
certificate jf it is new and industrially applicable. 
(2) An invention for which a utility model certificate 
is applied for shaH not be considered new if it differs from 
earlier inventions only in minor respects or in details which 
are immaterial to the function or application of the invention. 
51. A utility model certificate shaH expire seven years after 
the filing date of its application and shall not be renewed. 
52. (1) Subject to the provisions of this Act, the Court 
may, on the application of any interested person, invalidate 
a utility model certificate on any of the following grounds:-
(a) that the invention relating to the certificate is:-
(i) not new or industrially applicable; or 
(ii) contrary to public order or morality; 
(h) that the descri I1tion and c1aim or cIaims do not 
discIose the invention in a manner which is 
sufficiently c1ear and complete to permit a pers on 
having ordinary skill in the art to carry out the 
invention, and do not indicate at least one model 
known to the applicant for carrying out the 
invention; IP/N/1/BLZ/P/1 
Page 45 IP/N/IIBLZ/P/l 
Page 46 
(c) that the c1aim or c1aims do not define the matter for 
which protection is sought; 
(d) that the c1aim or c1aims are not c1ear or concise and 
are not fully supported by the description; 
(e) that the drawings necessary for the understanding 
of the invention have not been filed as required 
under this Act; and 
if) that the pers on to whom the utility model certificate 
has been granted is not the inventor or his successor 
in title. 
(2) An application for the invalidation of a utility 
model certificate shaH be served on the persan ta whom the 
certificate has been issued and filed with the Court in the 
manner and time prescribed. 
(3) The Registrar of the Supreme Court shall natif y the 
Registrar of the decision of the Court ta invalidate a utility 
model certificate and the Registrar shaH forthwith record it 
and publish a reference thereto in the Journal. 
53. (1) At any time before the grantor refusaI of a utility 
model certificate, an applicant may, upon payment of the 
prescribed fee, con vert his application for a utility model 
.:ertificate into an application for a patent, and the latter 
''ètpplication shall be accorded the filing date of the initial 
application. 
(2) No persan may con vert an application under 
subsection (1) more than once. 
PART XIII 
INTERNATIONAL ARRANGEMENTS 
54. The provisions of any international treaty in respect of 
industrial property to which Belize is party shaH apply ta 
matters dealt with by this Act and, in case of conflict with 
the provisions of this Act, shall prevail over the latter. Conversion of 
application for 
utility model 
ccrtificatc . 
Application of 
trcaties. Implementation 
of Patent 
Cooperation 
Treaty. 55. (1) (a) The Patent Cooperation Treaty (referred to in 
this section as "the Treaty"), the Regulations made 
thereunder, and the Administrative Instructions made under 
those Regulations shall be given full effect. 
(h) Where reference is made in this section to the 
Treaty, such reference shaH include the Regulations and 
Administrative Instructions referred to in paragraph (a). 
(2) The Intellectual Property Office shal1 rrocess 
international applications in accordance with the provisions 
of the Treaty, and in accordance with the provisions of this 
Act and the Regulations made thereunder. 
(3) Where the provisions ofthis Act and the Regulations 
made thereunder conflict with those of the Treaty, the 
provisions of the Treaty shall prevail. 
(4) An international application designating Belize 
shall, subject to this section, be treated as an application for 
a patent or a utility model certificate fiIed under this Act 
having, as its filing date, the international filing under this 
Act having, as its filing date, the international filing date 
accorded under the Treaty. 
(5) The Intellectual Property Office shaH act as a 
receiving Office in respect of any international applicatior 
filed with it by a resident or national of Belize. 
(6) An international application filed with the 
Intellectual Property Office as recei ving Office shal1 be 
filed in a prescribed language and the prescribed transmittal 
fee shall be paid to the Registrar within one month of date 
of receipt of the international application. 
(7) The Intellectual Property Office shaH act as a 
designated office in respect of an international application 
in which Belize is designated for the purposes of obtaining 
a national patent or a utility model certificate un der this 
Act. IPIN/lIBLZ/P1l 
Page 47 IP/N/1/BLZ/P/l 
Page 48 
(8) The Intellectual Property Office shaH act as an 
elected Office in respect of an international application in 
which Belize is designated as referred to in subsection (7) 
if the applicant elects Belize for the purposes of an 
international preliminary examination un der Chapter II of 
the Treaty. 
(9) The lntellectual Property Office, as designated 
Office or elected Office, shall not commence the processing 
of an international application before the expiration of the 
time limit referred to in subsection (l0) except if the 
applicant complies with the requirements ofthat subsection 
and files, \Vith the Intellectual Pro pert y Office, an express 
request for the early commencement of such processing. 
(10) The applicant in respect of an international 
application designating Belize shall, before the expiration 
of the time limit applicable under Article 22 or 39 of the 
Treaty, or of such later time limit as may be prescribed in 
the Regulations -
(a) pay the prescribed fee to the Intellectual 
Property Office; and 
(h) if the international application was not filed 
in, and has not been published under the Treaty 
as a translation into, a prescribed language, 
file, with the Intellectual Pro pert y Office, a 
translation of the international application, 
containing the prescribed contents, into such 
language. 
(11) Where the applicant does not comply with the 
requirements of subsection (10) within the time limit referred 
to in that subsection, the international application shall be 
considered as having been withdrawn for the purposes of 
this Act. Judicial notice 
of certain 
treaties. 
Changes in 
ownership. 
Correction of 
errors. IP/N/l/BLZ!P/l 
Page 49 
(12) In this section, the terms "designate", "designated 
Office", "elected Office", "international application", 
"international filing date", "international preliminary 
examination" and "receiving Office" have the same 
meanings as in the Treaty. 
56. (1) Judicial notice shall be taken of the Paris Convention, 
the Patent Cooperation Treaty, or any other indus trial 
property Con vention or Treaty to which Belize may become 
party, and of any bulletin, journal or gazette publishe(i 
under such Convention or Treaty. 
(2) Any document referred to in any such bulletin, 
journal or gazette shall be admissible as evidence of any 
instrument or other aet thereby eommunieated, or of any 
institution established by or having funetions under any 
Convention or Treaty referred to in subsection (1). 
PART XIV 
GENERAL PROVISIONS 
57. (1) Any changes in the ownership of a patent or utility 
model certificate or in the ownership of the application 
therefor shaH be in writing and shall, upon the request of 
any interested party to the Registrar, be recorded ancl 
except in the case of an application, be published in the 
Journal. 
(2) A change under subsection (1) shall be of no effect 
against third parties until it has been recorded. 
58. (1) The RegistraI' may, of his own volition or errors 
upon the written request of any interested person, correct 
any clerical error or error in translation or transcription in 
any application filed under this Act, or in any document 
filed in pursuance of such application, and the Registrar 
may also correct any clerical error in the Register. IP/N/lIBLZIP/l 
Page 50 
(2) Subsection (1) shall not be construed as giving the 
Registrar any power to correct in the Register, any 
application or document in a material way. 
59. (1) Where the Registrar is satisfied that the 
circumstances justify it, he may, upon the written request 
of any interested person, and upon sucb terms as he may 
direct, extend the time for doing any act or taking any 
proceeding under this Act and the Regulations made 
.hereunder. 
(2) The extension may be granted even though the time 
for doing the act or taking the proceeding has expired. 
(3) The Registrar shall give written notice of any 
extension to the parties concerned. 
60. The Registrar shall, before exercising any discretionary 
power vested in him by this Act or the Regulations made 
thereunder, give any party to a proceeding before him the 
opportunity of being heard if his decision might adversely 
affect that party. 
61. Every applicant who se ordinary residence or principal 
place of business is outside Belize shall be represented by 
a.n attorney-at-law who is resident in Belize and practising 
i nBelize in accordance with the relevant law. 
62. (1) The Court shaH have j urisdiction in cases of disputes 
relating to the application of this Act and the Regulations, 
made thereunder and in matters which, under this Act, may 
be brought before it. 
(2) Any person who has been aggrieved by a decision 
of the Minister or the Registrar under this Act may, within 
two months of that decision, appeal to the Court. Extension of 
time. 
Exercisc of 
discrctionary 
powcrs. 
Agents. 
Jurisdiction of 
Court. 
63. (1) Anyperson whointentionally or will full y performs Offences. 
any act which constitutes an infringement as defined under IP/N/1/BLZIP/l 
Page 51 
section 40 commits an offence and is liable to a fine of not 
less than fifteen thousand dollars but not more th an fort y 
thousand dollars, or to imprisonment for a term of not less 
than five years but not more than twelve years, or to both 
such fine and such imprisonment. 
(2) Any person who, knowing the same to be falsely: 
(a) makes or causes to be made a false entry in th~ 
Register; 
(h) makes or causes to be made any document 
falsely purporting to be a copy of an entry in 
the Register; or 
(c) produces, tenders or causes to be produced or 
tendered as evidence any such entry or copy 
thereof, 
commits an offence and is liable to a fine of not less than ten 
thousand dollars, but not more than thirty thousand dollars, 
or ta imprisonment for not less than three years, but not 
more than ten years, or ta both such fine and such 
imprisonment. 
(3) Any person who, knowing the same ta be fa)se. 
makes a false statement or representation that-
(a) a patent or utility model certificate has been 
granted to him or to any other person in respect 
of any i,nvention; or 
(h) he has been granted an exclusive or non­
voluntary licence ta use any patent or utility 
model certificate, 
whlch statement or representation induces another person 
to act thereon, commits an offence and is liable to a fine of 
not less than five thousand dollars, but not more than IP/N/IIBLZ/P/I 
Page 52 
. twenty thousand dollars, or to imprisonment for a term of 
not less than two years, butnot more than five years,'or to 
both such fine and such imprisonment. 
(4) Any person who falsely represents that anything 
disposed of by him for value is a patented product or 
pro cess shall, subject to subsections (5) to (7), commit an 
offence and be liable to a fine of not Jess than four thousand 
dollars, but not more than ten thousand dollars. 
(5) For the purposes of subsection (4), a pers on who 
for value disposes of an article having stamped, engraved 
or impressed on it or otherwise applied to it the word 
"patent" or "patented" or anything expressing or implying 
that the article is a patented product, shall be taken to 
represent that the article is a patented product. 
(6) Subsection (4) shall not apply where the 
representation is made in respect of a product after the 
patent for that product or, as the case may be, the process 
in question has expired or been invalidated and before the 
end of a period which is reasonably sufficient to enable the 
accused to take steps to ensure that the representation is not 
made (or does not continue to be made). 
(7) In proceedings for an offence under this section it 
shall be a defence for the accused to prove that he used due 
c\Iligence to prevent the commission of the offence. 
(8) Any pers on who represents that a patent has been 
applied for in respect of any article disposed of for value by 
hi m, and-
(a) no such application has been made; or 
(h) any such application has been refused or 
withdrawn, 
commits an offence and is liable to a fine of not less than 
four thousand dollars, but no more than ten thousand 
dollars. Irnmunffj.' 
regarding 
official aets. IP/N/IIBLZ/PI1 
Page 53 
(9) Subsection (8) (h) shall not apply where the 
representation is made in respect of a product after the 
patent for that product or, as the case may be, the process 
in question has expired or been invalidated, and before the 
end of a period which is reasonably sufficient to enable the 
accused to take steps to ensure that the representation is not 
made (or do es not continue to be made). 
(10) For the purposes of subsection (8) a person who for 
value disposes of an article having stamped, engraved OI) 
impressed upon it or otherwise applied to it the words 
"patent applied for" or "patent pen ding" or anything 
expressing or implying that a patent has been applied for in 
respect of the article, shall be taken to represent that a 
patent has been applied for in respect of the article. 
(11) Where an offence under this Act which has been 
committed by a body corporate is proved to have been 
committed with the consent or connivance of, or to be 
attributable to, any neglect on the part of, a director, 
manager, secretary or other similar officer of the body 
corporate, or any pers on who was purporting to act in any 
such capacity, he, as well as the body corporate, commit an 
offence and is liable to be proceeded against and punished 
accordingly. 
(12) Where the affairs of a body corporate are managed 
by its members, subsection (11) shall apply in relation ta 
the acts and defaults of a member in connection with his 
functions of management as if he were a director of the 
body corporate. 
64. Neither the Minister nor any pers on employed by the 
State or the Intellectual Property Office shall:-
(a) be taken to warrant the validity of any patent 
granted under this Act; or 
(h) incur any liability by reason of or in connection 
with any examination or investigation required or IP/N/lIBLZ/PI1 
Page 54 
authorised by this Act or any report or other 
proceeding consequent upon any such examination 
or investigation. 
65. The Registrar shall, before 1 st June in every year, make 
an annual report to the Minister with respect to the operation 
of this Act and the discharge of his functions thereunder. 
66. Nothing in this Act shaH affect the right of the State or 
any pers on employed by it to dispose of or use articles 
forfeited under the laws relating to customs and exci sc. 
67. A prosecution for an offenee under this Act shall not be 
commenced after the expiration of five years after the 
commission of the offenee or one year after the discovcry 
thereof, whichever occurs last. 
68. (1) The Minister may make Regulations providing for 
any matter which is ta be prescribed under this Act, or for 
giving effect to the purposes of this Act. 
(2) Without derogating from the generality of 
subsection (1), the Minister may make Regulations 
providing further details for the processing of 
international applications by, and other functions of, 
the Registrar in connection with the Patent Cooperation 
Treaty, including the fees payable, time limits, 
prescribed languages and other requirements reJating ta 
international applications. 
69. The Registrar may issue administrative instructions 
relating to the procedures under this Act, the Regulations 
made thereunder, and any other enactment relating ta 
indus trial property, as well as relating ta the generaJ 
functions of the Intellectual Property Office. 
70. This Act binds the State. Registrnr's 
Auun,,\ 
Repu!"!. 
Savin)\ ln 
rcs[lcrt nf 
righls ln sdl 
forrcite<l 
artides. 
lïllll' lilllit ru,. 
pro~l'(,lIti 1.11. 
Regulatioll.\. 
Administrative 
instructi()n~. 
Act hinding (tn 
State. Repeals. 
CAP. 212. 
Transitional. 
CAP. 212. 
CAP. 212. IP/N/l/BLZ/P/l 
Page 55 
71. The Patents and Designs Act and the Registration of 
United Kingdom Patents Acts of 1949 and 1977 (in so far 
as they have effect as part of the law of Belize) (referred to 
in this section as "the former Acts") are hereby repealed, 
save that aH Orders, Rules or Regulations made thereunder 
shall, in so far as the y are not inconsistent with this Act, 
continue in force until revoked by Regulations made under 
this Act. 
72. (1) Notwithstanding the repeal of the former Acts, 
patents granted thereunder shall remain in force but shall, 
subject to subsection (2) and (3), be deemed to have been 
granted under this Act. 
(2) Patents thus granted shaH remain ln force for the 
unexpired portion of the period of protection provided 
under this Act subject to the payment of annual maintenance 
fees or renewal fees provided for in this Act. 
(3) A pers on who on the date of the entry into force of 
this Act is the owner of patent granted in the United 
Kingdom or a European patent designating the United 
Kingdom or has filed an application in the United Kingdom 
for the grant of patent or an application for the grant of an 
European patent designating the United Kingdom ma 'j 
within 12 months orthe entry into force ofthis Act, fif'e an 
application for the grant of a patent for the same invention 
under this Act, and su ch application shaH be accorded the 
filing date or priority date accorded to the application or 
grant by the United Kingdom Patent Office or by the 
European Patent Cffice, as the case may be. 
(4) Where, upon the entry into force of this Act, an 
application made under the Patents and Designs Act is 
pending, such application shall, notwithstanding the 
provisions of subsection (1), be dealt with under the said 
Patents and Designs Act but the grant shall thereafter be 
subject to this Act. IPINIl/BLZ/P!1 
Page 56 
(5) Notwithstanding subsection (1), the Patents and CAP. 212. 
Designs Act shall continue to apply so far as it is necessary 
to enable any person applying for a patent before this Act 
cornes into force to do so, but any patent thus granted shall 
be deemed to have been granted under this Act. 
(6) The Minister may by Order published in the Gazette 
make any further transitional or saving provisi.ons which 
appear to him to be necessary or desirable. 
73. (1) This Act shall come into force on such day as the CornrncnccrncnL 
Minister may, by Order published in the Gazette, appoint. 
(2) Different days may 1;>e appointed for bringing 
different provisions into force, or for bringing purposes of 
the same provision into force. 