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WS - Samoa
Ministry of Commerce, Industry and Labour (MCIL) (Samoa)

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Ministry of Commerce, Industry and Labour (MCIL) (Samoa)
IPA: Intellectual Property Act, 2011 (Act No. 9 of 2011)
IPR: Intellectual Property Regulations, 2015
List of currencies used in this document:
SAT (Samoan tala), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Samoa
Two-letter code:
WS
Samoa - Ministry of Commerce, Industry and Labour (MCIL) (Samoa)
Name of Office:
Ministry of Commerce, Industry and Labour (MCIL) (Samoa)
Location:
ACC House
Levels 3 & 4
Apia
Samoa
Mailing address:
P.O. Box 862
Apia
Samoa
Telephone:
(685) 204 41
E-mail:
ipros@mcil.gov.ws
mpal@mcil.gov.ws
Facsimile:
(685) 204 43
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
No
Does the Office send notifications via e-mail in respect of international applications?
Yes
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
WS
Samoa - Ministry of Commerce, Industry and Labour (MCIL) (Samoa)
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
WS
Samoa - Ministry of Commerce, Industry and Labour (MCIL) (Samoa)
Types of protection available via the PCT:
Innovation patents
Patents
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
None
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of three months from the date of receipt of the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
No

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Samoa
Language in which international applications may be filed:
English
Language accepted for language-dependent free text in the sequence listing:
The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
Same as above
Language in which the request may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via ePCT-Filing
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
For the relevant notification by the Office, refer to Official Notices (PCT Gazette) dated 14 October 2021, pages 168 et seq.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “due care” criterion to such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
PH
Philippines - Intellectual Property Office of the Philippines
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
1
PH
Philippines - Intellectual Property Office of the Philippines
Fees payable to the receiving Office:
Transmittal fee:
200 SAT
International filing fee:
1,435 USD
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
16 USD
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
216 USD
Electronic filing (the request, description, claims and abstract in character coded format):
324 USD
Search fee:
Refer to
Annex D(EP)
Annex D(PH)
Fee for priority document (PCT Rule 17.1(b)):
100 SAT
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
200 SAT
Is an agent required by the receiving Office?
No, if the applicant resides in Samoa
Yes, if the applicant is a non-resident
Who can act as agent?
Any attorney or lawyer registered in Samoa
Waiver of power of attorney:
Has the Office waived the requirement that a separate power of attorney be submitted?
Refer to the Office
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Refer to the Office

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
English
Required contents of the translation for entry into the national phase:
Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, claims (if amended, as amended only, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report) 2
Is a copy of the international application required in particular circumstances?
No, a copy is required only if the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) or 40(2).
National fees:
Patents
Filing fee
500 SAT
Innovative patents
Filing fee
350 SAT
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 3 4
Nationality of the applicant if it has not been furnished in the “Request” part of the international application
Document evidencing a change of name of the applicant if the change occurred after the international filing date 4
Declaration as to the applicant’s entitlement to apply for and be granted a patent 3 4
Declaration as to the applicant’s entitlement to claim priority of the earlier application 3 4
Appointment of an agent if the applicant is not resident in Samoa 5
Instrument appointing the agent (authorization or power of attorney) 5
Who can act as agent?
Any attorney or lawyer registered in Samoa
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

WS.01 LANGUAGE OF PROCEEDINGS
PCT Rule 51bis(d)(ii), IPR 68
The language of proceedings is English. Where the international application was not filed in English, the applicant shall furnish a verified translation into English.
WS.02 TRANSLATION (CORRECTION)
PCT Rule 51bis1(e)
Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).
WS.03 DIVISIONAL APPLICATIONS
IPA 8(4), IPA 8(6), IPR 14(2)
An applicant may divide an application at any time during the examination process. The divisional application will benefit from the same filing date and any applicable priority date as the international application which entered the national phase. The amount of the fee for a divisional application is indicated in Annex WS.I.
WS.04 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex WS.I.
WS.05 MAINTENANCE FEES
IPA 13(2), IPA 13(3)
Maintenance fees are payable in advance every five years, starting with the fifth year following the international filing date. If the maintenance fees are not paid, the patent shall lapse. The amounts of the maintenance fees are indicated in Annex WS.I.
WS.06 REPRESENTATION
IPR 15, IPR 16
If the applicant has neither a residence nor a principal place of business in Samoa, he shall be represented by an attorney or lawyer registered in Samoa. The agent must be appointed by filing the approved form, signed by the applicant.
WS.07 BIOLOGICAL MATERIAL/TRADITIONAL KNOWLEDGE
IPA 7(3)(g), IPA 7(10), IPA 7(11)
If an invention in which protection is sought is based on knowledge available within any local or indigenous community whether from Samoa or elsewhere, the applicant must provide a statement to such extent and may be required by the Registrar to provide evidence as to the applicant’s title or authority to make use of such material or knowledge. A statement disclosing the source and geographical origin of any biological material used for the invention is required.
WS.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
WS.09 REVIEW UNDER ARTICLE 25 OF THE PCT
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.
WS.10 REINSTATEMENT OF RIGHTS
PCT Rule 49.6, IPA 130
Reinstatement of rights may be requested where the applicant, in spite of due care required by the circumstances having been taken, failed to perform the acts referred to in Article 22 within the applicable time limit. A request for reinstatement must be presented within twelve months from the date of expiration of the applicable time limit. The fee for reinstatement of rights is indicated in Annex WS.I.
WS.11 CONVERSION
IPA 30
An international application for a patent may be converted into an application for an innovation patent, and vice versa. Conversion may be requested at any time up to the grant or refusal of the patent. The conversion is subject to the payment of a fee indicated in Annex WS.I.

Annexes

Annex WS.I - Fees
Patents
Application fee
500 SAT
Search fee
30 SAT
Maintenance fee
400 SAT
Request for amendment fee
150 SAT
Conversion fee
100 SAT
Innovative patents
Application fee
350 SAT
How can payment of fees be effected?
The payment of fees should be effected in Samoan tala. All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid.
Forms
Please refer to the Office.
Notes:
1 a The Office is competent only if the international search is or has been carried out by that Office.
2 a Where the applicant furnishes a translation of the international application only as amended or only as originally filed, the Office will invite the applicant to furnish the missing translation.
3 a b c This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
4 a b c d If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of three months from the date of the invitation. The Office will charge a fee in the amount of 100 SAT for compliance with that requirement in response to the invitation.
5 a b If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 8 Dec 2023