Patents

Patent services in Fiji involve securing intellectual property rights for new inventions, a process that has recently seen significant legislative updates aimed at modernizing the system. The goal is to provide exclusive rights to inventors, encouraging innovation and economic growth.

1. Governing Legislation:

  • Patents Act 2021: This new Act, passed in August 2021, replaces the outdated Patents Act 1879. It represents a major overhaul of Fiji’s patent law, bringing it closer to international standards and practices.
  • Previous System (Patents Act 1879): The old Act allowed for two main types of applications:
    • Independent National Applications: These were sent to Australia for examination and typically took 1-2 years (or even longer) to register. The term of protection was 14 years.
    • UK-Based Applications: This allowed for the registration of a patent in Fiji based on a UK-granted patent, provided the application was filed in Fiji within three years of the UK grant. These were often processed more quickly as they had already undergone examination in the UK. The validity period was tied to the remaining term of the UK patent.
  • New System (Patents Act 2021): The new Act introduces provisions for a 20-year patent term from the patent date, aligning with international norms. It also addresses details regarding infringement, compulsory licenses, and the nature of patent rights.

2. The Fiji Intellectual Property Office (FIPO):

  • Registry: FIPO, typically under the Office of the Attorney-General, is the administrative body responsible for receiving, examining, and registering patent applications in Fiji.
  • Manual System: Historically, FIPO operated on a manual basis, meaning patent data was not digitized. While the new Act is in place, the practical implementation of a fully modernized and digital system may take time, impacting processing efficiency.

3. Key Features of Patent Services in Fiji (under the new Act and current practice):

  • Patentable Inventions: To be granted a patent, an invention must generally be:
    • Novel: It must not form part of the prior art base (i.e., not previously disclosed to the public anywhere in the world).
    • Inventive Step: It must not be obvious to a person skilled in the art.
    • Useful (Industrial Application): It must be capable of being made or used in any kind of industry.
    • Exclusions: The Act specifies certain exclusions, such as inventions contrary to public order or morality, and typically computer programs in their pure form.
  • Application Process:
    • Direct Filing: Applicants (or their agents) file a petition, a detailed specification (describing the invention and how it works, often with drawings and claims), and a declaration of inventorship with FIPO. A Power of Attorney is required if an agent is used.
    • Examination: The application undergoes examination by FIPO to ensure compliance with formal and substantive requirements. This may still involve sending applications for examination to other jurisdictions in practice, especially for complex inventions, until FIPO’s internal capacity is fully developed under the new Act.
    • Publication and Opposition: Once accepted, the application is published (e.g., in the Government Gazette), providing a period for third parties to file oppositions.
    • Registration: If no valid oppositions are sustained, the patent is registered, and a Certificate of Registration is issued.
  • Duration: The Patents Act 2021 provides for a patent term of 20 years from the patent date, subject to the payment of maintenance fees.
  • Exclusive Rights: A registered patent grants the owner the exclusive right to make, use, sell, and import the patented invention in Fiji for the duration of the patent term.
  • Assignment and Licensing: Patent rights can be assigned (transferred) to another party or licensed, allowing others to use the invention under specific terms. These dealings can be recorded at FIPO.
  • Enforcement: Patent owners can initiate legal proceedings for infringement against unauthorized use of their patented invention, seeking remedies like injunctions or damages.

4. Challenges and Considerations for Patent Services:

  • Pace of Modernization: While the Patents Act 2021 marks a significant legislative improvement, the actual implementation of fully modernized processes, including the digitization of records and efficient examination procedures, will be an ongoing process for FIPO. This can affect the speed of processing applications.
  • Paris Convention and PCT: Fiji has recently acceded to the Paris Convention for the Protection of Industrial Property (October 2023), which allows for priority claims (meaning an applicant can claim the filing date of an earlier application in another member country). However, Fiji is currently not a signatory to the Patent Cooperation Treaty (PCT), which is an international treaty facilitating the filing of patent applications. This means national phase filing of a PCT application is not possible, requiring separate national applications in Fiji.
  • Expertise: Given the technical and legal complexity of patents, engaging experienced intellectual property lawyers or agents in Fiji is highly recommended to navigate the application process and ensure proper protection.

In summary, patent services in Fiji are undergoing a transformative phase with the Patents Act 2021, which aims to modernize and strengthen the protection of inventions. While the Fiji Intellectual Property Office (FIPO) administers the process, the practical efficiency of the new system, particularly in terms of digitization and examination, will continue to evolve. Inventors seeking protection in Fiji should consult with local IP professionals to understand the current procedures and ensure compliance.