As you may be aware, historically, it was possible under the old Samoan Patents Act 1972 to obtain a patent in Samoa based on a granted EP(UK) patent. Under that Act, no maintenance or renewal fees for re-registrations were payable.  However, a new Intellectual Property Act was passed in Samoa in 2011, which abolished the patent re-registration system.

 

In 2017, when the official fees payable under the new Act were first set, the Samoan Ministry of Commerce, Industry, and Labour (MCIL), which administers the patent system in Samoa, advised us that patent maintenance fees under the new Act only applied to patents filed after 1st January 2017. Accordingly, our understanding was that no maintenance fees would be due for re-registration patents filed under the old Act. The Ministry has now advised that maintenance fees are in fact payable for re-registrations filed under the old Act, every five years from the local filing date of the patent.

 

In view of the above, we would recommend that you check your records and let us know if you wish for us to attend to the payment of maintenance fees in respect of any of your Samoan patent cases, which will fall due on the quinquennial anniversaries of the filing date.