By virtue of s. 32 of the Patents Act, no person, other than the patentee, shall exploit a patented invention in Saint Kitts and Nevis without the patentee's authority. An action can be brought in the High Court against any person who exploits the invention without authority. The law expressly provides that "exploiting" a patented invention means:
(a) where the patent is granted in respect of a product,
i. making, importing, offering for sale, selling, and using it into Saint Christopher and Nevis; and
ii. stocking the product for the purpose of offering it for sale or selling, or using it; and
(b) where the patent is granted in respect of a process,
i. using the process; and
ii. doing any act referred to in paragraph (a) in respect of a product obtained by means of that process.
Section 32(5) further provides that the rights in a patent shall not extend to:
(a) acts in respect of articles put on the market in Saint Kitts and Nevis by the patentee or with his or her consent;
(b) the use of articles on an aircraft, land vehicles or vessels of other countries which temporarily or accidentally enter the airspace, territory or waters of Saint Kitts and Nevis;
(c) acts done only for experimental purposes relating to a patented invention;
(d) the extemporaneous preparation for individual cases, in a pharmacy, of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared; or
(e) acts performed by any person who was, in good faith, while in Saint Kitts and Nevis, before the filing date or where priority is claimed, the priority date of the application on which the patent is granted, using the invention or making effective and serious preparation for such use.
