Until April 1st, 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
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
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
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
Two types of patent can be granted:
patents which are granted for a 6 year period from the filing date of the
patent application, subject to
the payment of maintenance fees;
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.
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
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.
Visit our FAQ
section for detail information about the Aruban filing procedure,
protection, international search, minimum requirements, licensing,
assignment and others