Industrial Designs Law in American Samoa (US)
Sure! Here’s an overview of Industrial Designs Law in American Samoa (US territory):
Industrial Designs Law in American Samoa
Legal Framework
American Samoa is an unincorporated territory of the United States.
U.S. federal intellectual property law, including industrial design protection, applies primarily through the United States Patent and Trademark Office (USPTO).
There is no separate or local industrial design registration system in American Samoa.
Protection for industrial designs (called design patents in the U.S.) is governed by the U.S. Patent Act.
Key Features
1. What Is Protected?
Industrial designs in the U.S. system are protected as design patents.
A design patent protects the ornamental design of a functional item — the visual appearance, shape, pattern, or surface ornamentation.
Utility patents do not protect designs; instead, design patents are the proper form for protecting industrial designs.
2. Registration Process
Applications for design patents are filed with the USPTO.
The application must include drawings or photographs clearly showing the design.
The design must be novel, non-obvious, and ornamental.
Examination includes checking compliance with formal and substantive requirements.
If granted, a design patent provides exclusive rights over the design.
3. Duration
Design patents have a term of 15 years from the date of grant (for applications filed after May 13, 2015).
No renewal is possible after expiration.
4. Rights Conferred
Exclusive right to prevent others from making, using, selling, or importing the design without permission.
Protection is limited to the ornamental aspects, not the functional features.
5. Enforcement
Enforcement is through federal courts under U.S. law.
Remedies include injunctions, damages, and seizure of infringing products.
Criminal penalties apply in cases of intentional counterfeiting.
6. International Treaties
The U.S. is a party to international treaties affecting design protection, including:
Paris Convention
Hague Agreement (for international registration of industrial designs)
TRIPS Agreement
Summary Table
| Feature | Description |
|---|---|
| Governing Law | U.S. Patent Act (Design Patents) |
| Registration Authority | United States Patent and Trademark Office (USPTO) |
| Protection Duration | 15 years from grant |
| International Systems | Paris Convention, Hague Agreement, TRIPS |
| Enforcement | Federal courts; civil and criminal remedies |
Additional Notes
Since American Samoa is a U.S. territory, businesses and inventors typically seek design patent protection through the USPTO.
There is no separate local office or procedure in American Samoa for industrial designs.
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