Patent Registration

Until April 1^st, 1995 date on which the Aruba Patent Act (APA), (published in A.B. 1997, 29) entered into force, the Kingdom Patent Act used to handle patent affairs for the territory of the Kingdom of the Netherlands, thus including the Netherlands Antilles and Aruba.

The Bureau of Intellectual Property of Aruba fully aware of the fact that the Kingdoms’ Statute rule intellectual property affairs the absolute competence of each country within the Kingdom decided to have its own Patent Office and Patent Act to be able to register patents in Aruba.

A patent is a grant of a property right given by the Government of Aruba to an inventor to exclude others from making, using, offering for sale, or selling the invention in Aruba or importing the invention into Aruba for a limited period of time.

To be patentable, an invention must be new, nonobvious, inventive and industrially applicable.

Not patentable are:

a. Discoveries as well as laws of nature and mathematical methods;
b. Aesthetic designs;
c. Systems, rules and methods for the performance of mental labor, games or management as well as computer programs and
d. Presentation of data and abstract ideas.

An invention can also be an improvement on existing items or methods. Patents may be granted for example for a product (machine, article of manufacture), process, or any new and useful improvement thereof.

Once a patent is obtained, an invention can not be used, manufactured, duplicated or sold without the inventor’s authorization. Patent rights can be enforced in court against third party infringers who practice the invention without permission of the inventor or title bearer.

Two types of patent can be granted:
a. Small patents which are granted for a 6 year period from the filing date of the patent application, subject to the payment of maintenance fees;
b. Normal patents which last for 20 years from the filing date of the patent application, subject to the payment of maintenance fees.

A patent entitles the inventor to gain royalties from the exclusive right of use of the invention. An inventor may transfer all or part of his or her interest in the patent application or patent to anyone by an assignment or patents can also be licensed exclusively or non-exclusively to third parties in exchange for royalties.

Public disclosure of an invention prior to applying for patent protection, on television, radio, internet or any other form of public disclosure, interfere with the chances of obtaining a patent. Therefore it is best not to tell others about the invention and not to disclose the invention before a patent application is filed.

In failing to apply for a patent in time, the risk exists that an invention becomes unpatentable and free for anyone to use.

An Aruban patent will only protect the inventor against others making, selling, or using his invention within Aruba and its territorial waters but not outside Aruba.

After applying for a patent in Aruba, patent protection can be sought in other countries by filing an international application or applications in selected countries.

Foreign patent protection will prevent others from profiting from an invention in other countries. Many countries will allow priority claiming from an Aruban application for patents provided the application is filed within one year of the original filing date in Aruba.

To obtain registration of a patent in Aruba the applicant has to file a request in duplicate at the Bureau. If applicant is established outside Aruba, he/she must choose domicile in Aruba at the office of a recognized patent agent.