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Consolidated Acts of Samoa 1996 |
LAWS OF WESTERN SAMOA
PATENTS
ANALYSIS
Title
1. Short title
2. Interpretation
3. Administration of Act
4. Exclusive right to invention
5. No entitlement in certain cases
6. Application for patents
7. Provisional certificates
8. Issue of letters patent
9. Overseas patents may be registered in Western Samoa
10. Duration of rights under patents originally granted overseas
11. Legal proceedings
12. Assignments and transmissions
13. Unauthorised claim of patent rights
14. New Zealand patent holders
15. Regulations
Schedules
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PATENTS ACT 1972
1972, No. 22
An Act to make better provision he issue of letters patent for inventions
[19 December 197r 1972
1. Short title - This Act may be cited as the Patents Act 1972.
2. Interpretation - In this Act,-
"Department" means the Department of Justice;
"Invention" means, any manner of new manufacture and any new method of application of known processes and the improvement or control of known processes;
"Inventor" includes the heirs, executors, administrators, successors, or assigns of an inventor;
"Minister" means the Minister of Justice;
"Registrar" means the Registrar of Patents who shall be the Registrar for the time being of the Supreme Court at Apia, and who shall keep a Register recording all applications for patents, and grants of patent rights.
"Registrar": The Registrar of Patents is also Registrar of Designs; see s. 2 of the Industrial Designs Act 1972.
3. Administration of Act - (1) This Act shall be administered by the Department, subject to the control of the Minister.
(2) All receipts under this Act shall be paid into and all expenditure shall be paid out of the Public Account and, as the case may be, shall be credited or debited to such fund or account as may from time to time, be prescribed by the Minister of Finance.
4. Exclusive right to invention - (1) Every inventor shall be entitled under the conditions and restrictions hereinafter enacted to the sole exclusive right of and in his invention.
(2) The right and privilege granted to inventors shall be conferred by letters patent signed by the Registrar and sealed with the seal of the Supreme Court in the form contained in the First Schedule hereto whereby the inventor shall be entitled to the sole and exclusive privilege of using, selling, or making his said invention in Western Samoa, and of authorising others to do so, for a term of 16 years from the date of issue of the letters patent.
5. No entitlement in certain cases - No person shall be entitled to letters patent-
(a) If the invention is of no utility; or
(b) If the invention at the time of filing the application was not a new invention; or
(c) If the applicant is not the true and first inventor thereof or an assignee deriving title from the true and first inventor thereof; or
(d) If the application or any specification contains a wilfully false statement; or
(e) If the application does not:
(i) Particularly describe the invention and the method by which it is to be performed; and
(ii) Disclose the best method of performing the invention which is known to the applicant or his assignor; and
(iii) End with a claim or claims defining the scope of the invention claimed which must relate to a single invention, must be clear and succinct, and must be fairly based on the matter disclosed in the specification.
The disclosure of any information pursuant to s. 21(3) of the Food and Drugs Act 1967 does not prejudice any application subsequently made for a patent; see s. 21(4) of that Act.
6. Application for patents - (1) Every person desirous of obtaining letters patent under this Act shall file in the Supreme Court an application in the form contained
in the Second Schedule signed by him or his agent or attorney setting forth the residence of the inventor and the title of the invention.
To the application shall be annexed a specification, (or instrument in writing) particularly describing and ascertaining the nature
of said invention and the manner in which the same is to be produced or performed, and with such specification or instrument in writing
shall be filed the drawings necessary to elucidate the same, and such application and all documents and drawings accompanying the
same shall be in duplicate.
(2) The Registrar shall cause to be filed every application and specification with accompanying drawings, if any, explaining the nature
of any invention and also any certificate granted by the Attorney-General and everters patent issued and a me a memorandum of any
order relating thereto.
(3) Such recordsl be opbe open to the inspection of all persons at any reasonable hour upon the payment of a fee and any person may
have a copy of any document recorded on paymf the reasonable cost thereof.
(4) Copies of a of any documents so recorded certified as correct by the Registrar shall be received in evidence in any Court of law
in Western Samoa.
(5) A specification may be amended on application to ttorney-General and an amen amended specification shall, except as to suits and
proceedings pending at the date of amendment, have the effect as though it had been the specification originallynally filed:
Provided that nonsion oion or enlargement of the duration of any exclusive privilege before acquired shall be effected by such amendment.
Pro nevertheless that ihat it shall be competent to the Attorney-General to extend the period of such protection pending the decision
as to any opposition made to the granting of any letters pate to him shall seem necessaressary.
(2) There shall be not ight of appeal against the refusal of the Attorney-General to issue a certificate under this section.
8. Issue of ls patenpatent - (1) Within 3 months of the issue of theificate of the Attorney-Geny-General the applicant for letters patent shall give notice in
the form contained in the Fourth Schedule o in 2 successive issues ofes of the Savali and, if no notice of opposition to the application for letters patent be sent to the Attorney-General within 3 months of the date
of publication of the first of such notices, the Attorney-General shall report such fact to the Registrar and the Registrar shall,
within 3 months from the date of such report, cause letters patent to be issued with such reservations, provisos and conditions as
may be deemed fit.
(2) Any pedesiring to o to oppose such application shall, within 3 months of the date of the first notice of the application for letters
patent provided for in the precedubsection hereof give notice in writing of his opposition tion to such application and of the grounds
thereof to the Attorney-General who shall, after hearing the parties to and against such application and such witnesses as he may
deem necessary, decide the same and intimate his decision to the Registrar, and the Registrar shall within 3 months from the date
of such intimation, if the same be favourable to the person holding a provisional certificate, direct the issue of letters patent
to such person with such reservations, provisos and conditions as may be meet.
<) There shall be no right ight of appeal against a decision of the Attorney-General made under the preceding subsection.
Provided that, in ren tion to a patent issued overseas prior to the commencement of this Act, this section shall have effect with
the substitution of the date of commencement of tht for the date of issue of the patent overseas.
(3) Upon such application being received together with the documents mentioned in the preceding subsection, the Registrar on satisfying
himself that the application appears to be in order and not being aware of any legal impediment thereto, may issue a certificate
of registration in the form contained in the Fifth Schedule hereto which shall confer on the applicant such privileges and rights
subject to all conditions established by the law of Western Samoa as though the patent had been issued in Western Samoa.
(4) In the case or more more applicants applying for registration of overseas patents which conflict in any or all of their particulars
the application first received shall be entitled to priority.
( overseas patent shallshall be registered where the particulars thereof conflict with any patent previously issued or registered
in Western Samoa under this Act
(6) If any patent be erroneously registered wherewhere the particulars thereof conflict with any patent previously issued or registered
in Western Samoa under this Act it shall be void.
10. Duration of rights under patents originally granted overseas - (1) Where letters patent are granted or a certificate of registration is issued in Western Samoa in respect of vention for which
a patent or like privilege has previouslyously been granted in an overseas country all rights and privileges obtained in Western
Samoa shall cease and determine immediately upon the expiration or other determination of such patent or like privilege granted in
such overseas country.
(2) No lettatent or othr other privilege shall be of any validity if granted or issued in respect of any invention for which any patent
or privilege shall have been obtained in any overseas country and wshall be obtained in Westerestern Samoa after the expiration of
the term for which such patent or privilege was granted or was in force.
(3) It shall beecial coal condition of registration that any change of status of an overseas patent or privilege referred to in this
and the preceding section hereof shall forthwith be notified to the Registrar who shall thereupon enter the same in the Register.
. Legal proceedings - (1) The Supreme Court shall have full jurisdiction to hear and determine any proceedings for infringement or otherwise relating to
patents in Western Samoa.
(2) The Supreme Court shall have power, on the application of the Attorney-General or any interested person to annul or revoke any
letters patent or certifiof registration in any case where the Court is satisfied that-
(a) Such lech letters patent or certificate of registration are prejudicial to the public interest; or
(d) In the case of a certificate of registration, on any of the grounds upon which the overseas patent might be revoked under the
law for the time being in force in the country wheruch patent was granted.
. Assignments ands and and transmissions - Where a person becomes entitled by assignment, transmission or other operation of law to the privileges and rights conferred by a
certificate of registration or to any interest therein he may make application in the prescribed manner to the Registrar for the
entry on the Register of such assignment, transmission or other instrument affecting the title or giving an interest therein.
13. horised claim ofim of patent rights - (1) Every person who falsely represents that he or another person is the patentee of an invention or that he or anotheson has applied
for a patent for an invention commits an ofan offence and shall be liable on summary conviction to a fine not exceeding $1,000.
(2) Everson who falselylsely represents that an article sold by him is patented in Western Samoa or is the subject of an application
for a patent in Western Samoa commits an offence and shall be liable on summary conviction to a fine not exceeding $250.
(3 the purposes of this this section-
(a) A person sha debe deemed to represent that an article is patented in Western Samoa if there is stamped, engraved, or impressed
on, or otherwise applied to the article the wpatent" or "patented", the words "provisional patent", or s or some other word or words
expressing or implying that a patent for the article has been obtained in Western Samoa; and
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SCHEDULES
FIRSTDULE
Section 4
The Independent Stateestern Samoa Letters Patent
TO ALL TO WHOM THESE PRESENTS SHALL COME,
WHEREAS pursuant to the Patents Act 1972 an application has been made for a patent of an invention for ....................................... (marticy described in thin
the specification relating to the application):
AND WHEREAHEREAS ........................................................ of ................................................, ............................
(hereinafter with his orr heirs, executors, administrators, successors and assigns igns or any of them called "the patentee") is
entitled to be registered as the proprietor of the patent hereinafter granted:
HEREFORE, by these lett letters patent the patentee is hereby granted full power and sole licence privilege and authority, by himself,
his agents, or licensees, and no others, SUBJECT to the pions of any statute or regu regulation for the time being in force, to make,
use, exercise and vend the said invention within Western Samoa during a term of 16 years from the date hereunder written and to enjoy
the whole profit and advantage from time to time accruing by reason of the said invention during the said term:
AND any person who shakl make use of or in any way imitate the said invention without the consent, licence or agreement of the patentee
shall be answerable to the patentee accordingaw for his damages thereby occasioned.
IN WITN WITNESS WF thes these presents have been signed and sealed the ............. day of .......... 19.......
..........................................
Registrar of Patent
[Supreme Cour Court Seal]
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SESCHE SCHEDULHEDULE
Section 6
Application for Patent
............................ of ..................................
(State title of inve invention.)
2. I have furnisith thih this application the necessary specifications or instruments particularly describing the nature of the said
invention.
3. I am the true and first inventor of the said invn which I believe will be o be of great public utility.
4. Thention is not in u in use by any other person or persons tobest of my knowledge and belief.
5. The instrunstrument hereunto annexed particularly describes and ascertains the naturthe invention and the mannemanner in which
the same is to be performed.
DATED at this ......................... day of ......................... 19.. 19 .........
ed) .ed) ..........................................
Appl
(or, Agent or Attorney for Applicant)
;
Witness: ..........................................
.........................................................
.........................................................
THIRD SCHEDULE
Section 7
I ..................................., Attorney-General for Western tern Samoa, do hereby certify as follows:-#160;
1. That .................................................. has applied for letters of patent in respect of an invention entitled .................................................................
.
2. That thd applicationation together with a specification or instrument describing the nature of the said invention have been laid
before me.
3. That having consd thed the same I consider and certify that the applicpplicant is prima facie entitled to protection on account of his savention provided that the application be duly advertised in accordance with the Patents
Acts Act 1972 and that the applicant do otherwise comply with the provisions of the Act.
GIVEN umy hand this ...s ....................day of ………….. 19 ..........
ter">------------------------------------------------------------
FOURTH SCHEDULE
Section 8
IN THE R of an applicatlication of .......................... of ..................................... for Letters Patent for .............................................
Notice is hereby given thatpplication has been made fode for the issue of Letters Patent herein under the provisions of the Patents Act 1972. Any person desirous of opposing such application is required to give notice of such opposition and of the grounds thereof to the
Attorney-General within 3 months of the date of the first publication of this notice.
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FIFTH SCHEDSCHEDULE
ght">Section 9
In then the Matter of the Patents Act 1972
Certificate of Registration
I .............................................., Registrar of Patents for Western Samoa, hereby certify, as follows:
1. That .......................... of .................................. being the grantee or otherwise entitled to a certain patent
issued in ................................ on the ...................... day of ......... 19… in respect of a certain invention
called .................................... has applied pursuant to the Patents Act 1972 to have such patent registered in Western Samoa.
at having considered thed the application, and it appearing to be in order, and not being aware of any legal impediment thereto, I
have this day at Apia duly registered the said patent in the Register of Patents of Western Samoa.
3. That this certie of e of registration shall confer on the applicant such privileges and rights (subject to all conditions as to
the duration thereof and otherwise as are established by the law of Western Samoa) as though the patent had been issued in Western
Samoa.
................................................
Registrar of Patents
[Supreme Court Seal]
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SIXTH SCHEDULE
Section 15
| | $ | <
| On filing application and specification for patent or registration of oversatent | 20.00 |
| Fee to the Attorney-General for provisional certificate of protection | 50.00 |
| On obtaining letters patent | 25.00 |
| On lodging objections | 10.00 |
| Every search and inspection | 3.00 |
| Registration of assignments of letters patent | 15.00 |
| Certificate of registration issued under section 9 | 25.00 |
| Copy or extract of documents and drawings | Reasonable cost fixed by Registrar |
| On filing application and specification for registration of a New Zealand patent issued prior to 1 January 1962 and for certificate
of registration thereon issued under section 9 in lieu of the filing and certificate fees above | 5.00 |
| On filing application and specification for registration of a New Zealand patent issued prior to the commencement of this Act and
subsequent to 1 January 1962 and for certificate of registration thereon issued under section 9 in lieu of the filing and certificate
fees above | 25.00 |
The Patents Act 1972 is administered in the Department of Justice.
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