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The Patent law in Fiji is established under the Patents Act Cap. 239, which is intended to provide protection and enforcing rights relating to the discoveries of new and valuable innovations. Under this law, a patent holder in Fiji has exclusive rights to benefit from their innovation. Any other person interested in using patented innovation must obtain permission from the patent holder. The law seeks to nurture the culture of innovation, and therefore promotes economic growth and development in Fiji.
Handling a patent application can be a complex process which requires a deep understanding of patent laws and procedures. A lawyer who specializes in patent law can be instrumental in drafting your patent application, carrying out patent searches, and providing advice on patentability. Legal advice is also valuable whenever a patent owner has to enforce their rights against infringement. If you are facing allegations concerning patent infringement, having a lawyer on your side can help you understand your legal situation and develop a robust defense strategy.
Under Fijian law, a patent can be obtained for an innovation provided that it is new, involves an inventive step and is capable of application in any kind of industry. The law forbids patenting traditional knowledge and biological materials existent in nature. However, innovations constituting improvements of existing patented innovations are patentable under the law. Once a patent is granted, it offers protection for 20 years, after which the patent falls into the public domain. It is also important to note that Fiji is a member of the Paris Convention, which sets rules for patent protection, and requires Fiji to provide the same level of patent protection to Fijian innovators as it gives to innovators from any other country.
In Fiji, an invention can be patented if it is new, relates to a useful application and includes an inventive step that is not apparent to skilled persons within the field of technology.
Fiji law disallows patenting of traditional knowledge and biological materials found in nature.
Once granted, a patent lasts for 20 years in Fiji.
No, under Fijian law, the duration of a patent cannot be extended beyond 20 years.
If your patent rights are being infringed, it is advisable to seek legal counsel. A lawyer can guide you through the process of enforcement and litigation if required.
To license your patent, you should consult with a lawyer to help you prepare and negotiate a licensing contract.
The duration to obtain a patent may vary, but it generally takes between 12 to 18 months.
Yes, to enjoy protection in Fiji, a patent should be registered in Fiji, notwithstanding its registration abroad.
The Paris Convention is an international agreement that sets out rules for patent protection. As a member, Fiji is obliged to provide the same level of patent protection to Fijian innovators as it gives to innovators from any other member country.
Yes, a patent's validity can be challenged in a court of law. Invalidity could be argued on various grounds including lack of novelty and non-patentable subject matter.
In Fiji, the Department of Industry's Intellectual Property Office is the authoritative body when it comes to patent law and rights are concerned. They can provide assistance and further information on the matter.
If you are considering obtaining a patent or believe your patent rights have been infringed, you should consult a lawyer specializing in patent law. They can guide you on how to proceed with a patent application, ensure that all the elements required are successfully met, provide you with advice on patentability, and help you understand your legal position.
