正在处理

请稍候...

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?

    Annex C - Receiving Office

    [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
    Does the receiving Office accept the filing of international applications in electronic form?
    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
    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,
    PH
    Competent International Preliminary Examining Authority:
    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:
    Transmittal fee:
    200 SAT
    International filing fee:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,667 USD
    Fee per sheet in excess of 30:
    19 USD
    Reductions (under Schedule of Fees, item 4):
    Electronic filing (the request in character coded format):
    251 USD
    Electronic filing (the request, description, claims and abstract in character coded format):
    376 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)
    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.
    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
    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.
    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
    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)
    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).
    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

    Reference is made to paragraphs NP 6.022 to NP 6.027 of the National Phase.
    WS.09 REVIEW UNDER ARTICLE 25 OF THE PCT
    The applicable procedure is outlined in paragraphs NP 6.018 to NP 6.021 of the National Phase.
    WS.10 REINSTATEMENT OF RIGHTS
    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.
    Current version applicable from 2026年1月1日 , printed on 2026年2月16日