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WIPO - PCT Applicant's Guide WS - 萨摩亚
工商劳动部 (MCIL)(萨摩亚)

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: Ministry of Commerce, Industry and Labour (MCIL) (Samoa)
    IPA: Intellectual Property Act, 2011 (Act No. 9 of 2011)
    IPR: Intellectual Property Regulations, 2015
    [MT] 本文档中使用的货币列表 :
    SAT (Samoan Tala), USD (Dólar americano)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    The Office does not have any reservations, declarations, notifications or incompatibilities.
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国:
    萨摩亚
    [MT] 两个字母代码 :
    WS
    [MT] 办公室名称:
    工商劳动部 (MCIL)(萨摩亚)
    [MT] 地点:
    ACC House
    Levels 3 & 4
    Apia
    Samoa
    [MT] 邮寄地址 :
    P.O. Box 862
    Apia
    Samoa
    [MT] 电话:
    (685) 204 41
    [MT] 电子邮件:
    ipros@mcil.gov.ws
    mpal@mcil.gov.ws
    [MT] 网站地图
    [MT] 传真:
    (685) 204 43
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    是的
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    IB,
    WS
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to corresponding National Phase.
    WS
    [MT] 通过PCT 提供的保护类型:
    Innovation patents,
    Patents
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    None
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    萨摩亚
    [MT] 国际申请可用语言提交:
    English
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
    Same as above
    [MT] 请求书可用语言提交:
    English
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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 RO”).
    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.
    Yes, the Office accepts electronic filing via ePCT-Filing
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies the “due care” criterion to such requests
    [MT] 国际主管查询机关 :
    EP,
    PH
    [MT] 国际初步审查主管机关 :
    EP
    The Office is competent only if the international search is or has been carried out by that Office.
    PH
    Fees payable to the RO:
    [MT] 传输费用 :
    200 SAT
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,667 USD
    [MT] 超过30张的每张费用:
    19 USD
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    251 USD
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    376 USD
    [MT] 搜索费用:
    Refer to
    Annex D(EP)
    Annex D(PH)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    100 SAT
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    200 SAT
    [MT] 接受局是否要求代理人?
    No, if the applicant resides in Samoa
    Yes, if the applicant is a non-resident
    [MT] 谁可以担任代理人?
    Any attorney or lawyer registered in Samoa
    [MT] 委托书的放弃:
    [MT] 办公室是否已放弃提交单独授权书的要求?
    Refer to the Office
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    Refer to the Office

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    [MT] 国际申请必须翻译成以下语言之一:
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
    English
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    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.
    [MT] 在特殊情况下是否需要国际申请副本?
    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).
    [MT] 国家费用 :
    [MT] 专利
    [MT] 申请费
    500 SAT
    [MT] 创新专利
    [MT] 申请费
    350 SAT
    [MT] 免除、减少或退还费用:
    None
    [MT] 局的特殊要求(PCT规则51之二 ) :
    Name and address of the inventor if they have not been furnished in the “Request” part of the international application
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    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.
    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
    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.
    Declaration as to the applicant’s entitlement to apply for and be granted a patent
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    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.
    Declaration as to the applicant’s entitlement to claim priority of the earlier application
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    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.
    Appointment of an agent if the applicant is not resident in Samoa
    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.
    Instrument appointing the agent (authorization or power of attorney)
    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.
    [MT] 谁可以担任代理人?
    Any attorney or lawyer registered in Samoa
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, the Office applies the “due care” criterion to such requests

    [MT] 国家阶段的程序

    [MT] WS.01 程序所用语文
    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.
    [MT] WS.02 翻译(更正)
    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 NP 6.002 and NP 6.003).
    [MT] WS.03 分部申请
    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.
    [MT] WS.04 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex WS.I.
    [MT] WS.05 维护费
    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.
    [MT] WS.06 代表权
    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.
    [MT] WS.07 生物材料/传统知识
    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.
    [MT] WS.08 会议时间限制延误的理由

    Reference is made to paragraphs NP 6.022 to NP 6.027 of the National Phase.
    [MT] WS.09 根据PCT第25条进行的复审
    The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase.
    [MT] WS.10 恢复权利
    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.
    [MT] WS.11 转换
    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.

    [MT] 附件 1

    [MT] 附件WS.I - 收费
    [MT] 专利
    [MT] 申请费
    500 SAT
    [MT] 查询费
    30 SAT
    [MT] 维护费
    400 SAT
    [MT] 申请修改费
    150 SAT
    [MT] 转换费
    100 SAT
    [MT] 创新专利
    [MT] 申请费
    350 SAT
    [MT] 如何支付费用?
    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.
    [MT] 表格
    Please refer to the Office.
    Current version applicable from 2026年1月1日 , printed on 2026年2月13日