A patent can be registered in Montserrat pursuant to the Patents Act 2002 (Cap 15.11) (Revised Edition), the Registration of United Kingdom Patents Act, 2002 (Cap 15.22) and the Patents Regulations which provide for both local patent applications and applications to extend rights under a UK or European Community (EP) registration within three years from the date of issue in the UK or Community.

For a local application the following information and documentation is required:

  1. A request for the grant of the patent
  2. A description of the invention
  3. One or more claims and any drawings referred to in the description or any claim
  4. An abstract
  5. Application for an Address for Service (notarized)
  6. Authorization of Agent (notarized)

For a UK or Community based application the following information and documentation is required:

  1. A request for the grant of the patent
  2. Certified copy of the UK or Community patent
  3. Application for an Address for Service (notarized)
  4. Authorization of Agent (notarized)

It usually takes 18-24 months or less for the Registrar of Patents in the Colony of Montserrat to process a local application for registration. A UK or Community based application usually takes about 12 months to be processed. Paris Convention priority cannot be claimed. Once the registration is complete the Registrar will issue a Certificate of Registration.

Patent Cooperation Treaty: Montserrat is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.

Searches: Whilst there is no requirement to conduct a search in Montserrat prior to the filing of an application for registration a search is recommended to ascertain that there will be no discrepancies concerning the innovativeness of the patent. The result can usually be provided within one week.