Patents Laws in Samoa
Here’s an overview of patent laws in Samoa:
🇼🇸 Patent Laws in Samoa
1. Governing Legislation
The main law governing patents in Samoa is the Industrial Property Act 2017.
The Act covers patents, trademarks, industrial designs, and plant variety rights.
Administered by the Intellectual Property Office of Samoa (IPOS).
2. Patent Protection
Patents are granted for inventions that are:
New
Involve an inventive step
Capable of industrial application
Patentable inventions include products, processes, machines, and improvements.
Certain inventions such as scientific theories, mathematical methods, and discoveries are excluded.
3. Application Process
Patent applications are filed with the Intellectual Property Office of Samoa.
The application must include a description, claims, abstract, and drawings (if applicable).
Examination involves:
Formality check
Substantive examination on request
Patents are published after 18 months from the filing or priority date.
4. Patent Term
The duration of patent protection is 20 years from the filing date, provided renewal fees are paid.
5. International Treaties
Samoa is a member of the Paris Convention.
Samoa is not a member of the Patent Cooperation Treaty (PCT).
Samoa is also part of regional IP frameworks in the Pacific.
6. Rights Conferred
Patent owners have exclusive rights to exploit the invention, including making, using, selling, or importing the invention.
Rights can be assigned, licensed, or transferred.
7. Enforcement
Patent infringement cases are dealt with under the Samoan legal system.
Remedies include injunctions, damages, and seizure of infringing goods.
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