PATENTS
Patent Law in Micronesia
Due to the existing administrative problems at the Micronesia Patent & Trademark Office, still the patent department is not functional. However, the Government is currently working on draft Patent legislation.
The cautionary notices is the best way to protect Patents rights in Micronesia, which need to be published every two (2) years.
Language
English
Micronesia is a member of the following international agreement
* Berne Convention
Protection
The measure of protection in practice is by publishing cautionary notices at regular intervals in a dual-language at THE KASELEHLIE PRESS (KPRESS), once-a-week publication of the FSM. Newspaper is published every Friday in both hardcopy/print and online PDF version. Thereby claiming ownership of the patent and warning third parties against infringement.
* Such notices have legal value when submitted to the Courts in the event of infringement in Micronesia.
Information required for Cautionary Notice in Micronesia:
• Patent's title
• Patentee's name
• Address and nationality
• Inventors' names
• Claims
• Priority claims
• Abstracts
• Specifications
Duration
The cautionary notices need to be published every two years.
TRADEMARKS
Trademark Law in Micronesia
Although Micronesia has intellectual property laws within its legal code, only the Copyright provisions have been enacted.
There is no legislation that provides for the protection of trademarks the Micronesia. Trademark protection is acquired by sufficient public recognition.
The cautionary notices is the best way to protect Trademarks rights in Micronesia, which need to be published every two (2) years.
Classification
As there is no method for protecting trademarks in the Micronesia, there is no classification system used.
Micronesia is a member of the following international agreement
* Berne Convention
Trademark Protection Procedure in Micronesia
Protection of trade marks is only acquired by way of common law, i.e., by publishing cautionary notice in the leading newspaper every two (2) years.
A cautionary notice may be published for multiple-classes or separate cautionary notices may also be published for each class.
An application can include goods or services in any number of classes, but with additional charges (publication fees with the newspaper company) for each additional class.
Publication
The trademarks are published in a dual-language at THE KASELEHLIE PRESS (KPRESS), once-a-week publication of the FSM. It is the newspaper of record for the Micronesia.
Newspaper is published every Friday in both hardcopy/print and online PDF version.
Timeframe
This entire process of acquiring trademark protection by Publishing a cautionary notice may take approximately 2 to 5 weeks time.
National Opposition Period
By publishing a cautionary notice in the leading newspaper in Micronesia as per common law, the public at large are made aware of the sole ownership/proprietorship on the mark and in case of any infringement, the same may be brought to the notice of the Court.
Duration
Since there is no trademark law in the Micronesia, protection of trademarks is only by way of common law, i.e., by publishing a cautionary notice in the leading newspaper. Therefore, there is no provision for renewal of the mark. However, it is recommended that the cautionary notice(s) be re-published every two (2) years.