Samoa Patent Law
The registration of Patents is governed by the provisions of the Intellectual Property Act No. 09 of 2011 of Samoa.
Samoan patent laws came into force in 2012.
Similar to Australia, patent applicants can apply for either standard (20 year) patent protection or innovation (7 year) patent protection.
* Samoa’s IP legislation was updated in 2011 and the Intellectual Property Act 2011 came into effect on 1 October 2012.
Samoa is member of the following IP agreements and conventions
-Patent Cooperation Treaty (PCT)
-Beijing Treaty on Audiovisual Performances
Power of Attorney (POA) simply signed.
You can file two types of patent applications in Samoa:
1. A standard patent application.
2. Innovation patents (lower level of inventiveness - similar to an Australian innovation patent).
* An Innovation Patent is a shorter-term right that is designed to protect inventions that do not meet the inventive threshold required for standard patents. It can be used for a product with a short market life (e.g. technology that may be quickly superseded) or to protect each step in the development of new technology before the final product is completed. An Innovation Patent is cheaper and easier to obtain than a Standard Patent.
An invention can be patented as a Standard Patent in Samoa if it is:
* Involves an inventive step and
* Is industrially applicable i.e. useful and applicable in any industry.
Samoa Patent registration Procedure
The patent application is filed at the Ministry of Commerce, Industry and Labour (MCIL) of Samoa.
The MCIL will conduct a Preliminary Checking and Formalities Examination of the patent application in Samoa.
The MCIL will liaise with relevant external experts for the substantive examination of a patent application (where required). The Registrar of Samoa can request copy of the International Search Report.
If the patent application meet the statutory requirements of the IP Law of Samoa, the Registrar will issued the Registration Certificate.
The patent registration process in Samoa can take from 2 to 3 years, approximately.
* A patent registration in Samoa expires 20 years after the filing date of the application for the patent.
* An Innovation Patent last 7 year.
*In order to maintain the patent or patent application in Samoa, a maintenance fee must be paid in advance every five (5) years to the Registrar starting five (5) years after the filing date of the application
for grant of the patent.
*If the five (5) yearly maintenance fee is not paid in accordance with the provisions of this subsection, the patent lapses.
Matters that cannot be Patented in Samoa
-A discovery, scientific theory or mathematical method;
-A scheme, rule or method for performing a mental act, playing a game or doing business;
-Diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
-Inventions that are contrary to public order or morality;
-Plants and animals, other than micro-organisms;
-Biological processes for the production of plants or animals, other than non-biological and microbiological processes;
-Inventions that are likely to cause serious environmental harm;
-Mere discovery of a new form of a known substance which does not result in the enhancement of the known substance.
Samoa Trademark Law
Legal basis is the Intellectual Property Act 2011, in force since 1 October 2012 and the Intellectual Property Amendment Act 2018.
Samoa is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Samoa has its own independent registration system.
There are no provisions for re-registration of foreign marks, but applicants may claim priority rights in Samoa of their trademarks registered in foreign jurisdictions.
Priority rights may be claimed within 12 months of the filing of the application in the foreign jurisdiction which is a member of the Paris Convention.
Nice classification, 9th edition. Multiple-class applications are possible.
Trade mark applications in Samoa can cover:
• series trade marks
• goods and services
• more than one class of goods or services
• colours, shapes, sounds, smells or tastes.
Power of Attorney (POA) simply signed.
Samoa Trademark Registration Procedure
The application is filed at the Ministry of Commerce, Industry, & Labour (MCIL) of Samoa.
An application can include goods and services in any number of classes, but with additional charges for each additional class.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the Savali (a Samoan periodical publication) prior to registration.
The approximate time frame for completing the registration process of a trademark in Samoa is from 6 to 12 months.
National Opposition Period
The opposition period is 3 months from the publication date of the application in the Savali (a Samoan periodical publication).
Trademark Protection in Samoa begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
All registered trademarks are to be renewed within 12 months before the expiry date.
A trade mark not used within 3 years and 1 month from date of cancellation application may be subject to cancellation.