PCT NATIONAL PHASE ENTRY
Samoa

Samoa has been a member of the Paris Convention for the Protection of Industrial Property since September 21, 2013, and joined the Patent Cooperation Treaty (PCT) on January 02, 2020. Samoa previously had patent laws, such as the Patents Act 1972, which permitted the registration of patents granted abroad within two years of their issuance. The Intellectual Property Act 2011 is now the main legislation governing patents and other intellectual property rights in Samoa. According to the Samoa Ministry of Commerce, Industry, and Labour website, traditional knowledge in Samoa is regarded as collectively owned by the entire community. The Intellectual Property Act 2011 was later amended by the Intellectual Property Amendment Act 2018.

A patent application in Samoa under the national phase of the Patent Cooperation Treaty (PCT) must be submitted within 31 months from the priority date of the initial application.

The proceedings are conducted in English. If the international application was not submitted in English, the applicant must provide a verified translation into English.

In Samoa, there is no general allowance for an extension regarding the late filing of a patent application.

Power of Attorney: A simply signed Power of Attorney is required to submit at the time of filing the patent application in Samoa in case where the applicant is not a resident of Samoa.

There is no cost exemption available for filing patent application in Samoa.

Filing a request for the examination of a patent application in Samoa requires submission to the Ministry of Commerce, Industry, and Labour (MCIL). In Samoa, only preliminary checks and formalities are currently conducted, with substantive examination handled through collaboration with external experts if needed.

Maintenance fees must be paid in advance every five years, beginning with the fifth year after the international filing date.

A patent granted in Samoa is valid for 20 years, commencing from the filing date of the patent application.

Samoa's innovation performance, as measured by the Global Innovation Index (GII), has generally been low. In the 2023 GII, Samoa was ranked 118th out of 132 economies.

In 2024, Samoa experienced a strong economic recovery, with GDP growth reaching 9.4% for FY2024, largely driven by the tourism sector. The country also saw a significant fiscal surplus of 10.1% of GDP, supported by robust grant inflows, strong tax revenues, and disciplined government spending. Over the past two years, the Samoan economy has bounced back effectively, with tourism playing a key role in this positive momentum. The fiscal surpluses, driven by high grant assistance, have bolstered Samoa’s financial position, providing a solid foundation for future growth.