Patent Protection in the South Pacific

Transcription

1 Patent Protection in the South Pacific FIJI Two types of patent applications can be sought in Fiji. 1. A national Fijian patent application; 2. A registration of a UK patent (including a validated EP (UK) patent) in Fiji within three years of the date of issue of the UK patent. Procedure for National Patents An application is lodged, and if the documents are found to be in order, then a certificate is issued by the Fijian government, providing provisional protection for six months. Within two months of the issue of the certificate, the applicant has to give notice in the prescribed form twice in the government Gazette, and twice in a newspaper published in Fiji. Applications are examined in Australia. If a notice of opposition has not been filed within three months of the date of publication of the last of the publication notices, the patent is granted. Procedure for UK Registered Patents An application for registration of a UK patent is firstly officially advertised. If there is no opposition (or any opposition fails), a certificate of registration will be issued. 1. For a local Fijian patent the term is 14 years from the date of issue of the letters patent, however, if any foreign patents exist, the Fijian patent will expire when the first foreign patent expires. 2. For a UK registration, once the certificate of registration has issued the rights granted take effect from the date of issue of the UK patent and will remain in force as long as the UK patent remains in force. Spruson & Ferguson 2013 Page 1 of 6

2 SAMOA Two types of patent applications can be sought in Samoa. 1. A standard Samoan patent application (whether or not claiming informal Paris Convention priority); 2. An innovation patent application (lower level of inventiveness like an Australian Innovation patent). A standard patent application is examined for novelty, inventive step and industrial applicability. The Registrar will rely on search and examination results from other countries to conduct the examination. An innovation patent application is examined for novelty and industrial applicability only. A standard patent has a term of 20 years. An innovation patent has a term of 7 years. TONGA Two types of patent applications can be sought in Tonga. 1. A standard Tongan patent application (whether or not claiming Paris Convention priority); 2. A utility model application (whether or not claiming Paris Convention priority). Applications for registration are initially examined for compliance with formal requirements, leading to grant of a patent. The onus lies with the patentee to ensure the granted claims are novel, inventive and industrially applicable. The maximum term is 20 years from the filing date for standard applications and 7 years for utility models. Spruson & Ferguson 2013 Page 2 of 6

3 VANUATU The filing of patent applications in Vanuatu is currently in a transitional phase. A new Patents Act Bill has been passed in the Parliament. However, it has not yet been implemented. The new Act will likely remove re-registration of UK (EP) patents. TUVALU The owner of a UK patent (including an EP (UK) patent) can apply for registration of the UK patent in Tuvalu within three years of the date of grant of the UK patent. Once the certificate of registration has issued the rights granted take effect from the date of issue of the UK patent and will remain in force as long as the UK patent remains in force. KIRIBATI The owner of a UK patent (including a validated EP (UK) patent) can apply for registration of the UK patent in Kiribati within 3 years of the date of issue in the UK. Once the certificate of registration has issued, the rights granted take effect from the date of the UK patent and will remain in force as long as the UK patent remains in force. TOKELAU Patent protection obtained in New Zealand extends to Tokelau. NIUE Patent protection obtained in New Zealand extends to Niue. Spruson & Ferguson 2013 Page 3 of 6

4 NAURU A Nauruan patent application can be filed from: 1. A pending Australian, US or UK application, or 2. A granted Australian, US or UK patent, within three years of grant of that patent. An application is published in the government Gazette, and if no opposition is filed within three months, the patent is granted. Once the Certificate of Registration has issued, the rights take effect from the date of the foreign patent relied upon and remain in force as long as that foreign patent is in force. However no patent will exceed a term of 16 years. FEDERATED INDEPENDENT STATES OF MICRONESIA Micronesia has under FSM Code Title 35 a Copyright, Patents and Trademark law. However, to date only Chapter 1 copyrights has been enacted. MARSHALL ISLANDS There are no patent laws in the Marshall Islands. However, we understand the Government is currently working on draft Legislation. SOLOMON ISLANDS The owner of a UK patent (including an EP(UK) patent) can apply for registration of the UK patent in the Solomon s within three years of the date of grant of the UK patent. Once the certificate of registration has issued the rights granted take effect from the date of issue of the UK patent and will remain in force as long as the UK patent remains in force. COOK ISLANDS Patent protection obtained in New Zealand extends to the Cook Islands. Spruson & Ferguson 2013 Page 4 of 6

5 NEW CALEDONIA New Caledonia is subject to the laws of France. PAPUA NEW GUINEA 1. PCT national phase entry 31 months from earliest priority date; and 2. Direct filing, whether or not claiming Paris Convention priority. Filing receipt issues when formal requirements are met Examination Request issued by IP Office of PNG Applicant to choose an option from: Relying on corresponding granted priority application Relying on corresponding search/examination in the International Phase Relying on corresponding granted foreign patent (e.g., US, EP, AU, NZ, CA or GB); or Requesting substantive examination (examined by IP Australia, applying the PNG Patents and Industrial Designs Act) A positive Examination Report leads to a decision to grant Payment of grant and publication fees Patent granted The maximum term is 20 years from the filing date. GUAM The re-registration of a United States Patent is available in Guam. The patent will remain in force as long as the US Patent remains in force. PALAU There are no patent laws in Palau. TIMOR LESTE There are currently no patent laws in Timor Leste. However, it is understood that Indonesian patent laws will apply in Timor Leste in respect of infringement. FRENCH POLYNESIA French Polynesia is subject to the laws of France. Spruson & Ferguson 2013 Page 5 of 6

6 CONTACT Edward Genocchio Principal Mechanical Team AUSTRALIA SPRUSON & FERGUSON Level 35, St Martins Tower 31 Market Street Sydney NSW 2000 Australia P: F: E: mail.au@spruson.com W: SINGAPORE SPRUSON & FERGUSON (ASIA) PTE LTD 152 Beach Road, #37-05/06 Gateway East Singapore Singapore P: F: E: mail.asia@spruson.com W: MALAYSIA SPRUSON & FERGUSON SDN BHD A-32-3A, Level 32 Menara UOA Bangsar No. 5 Jalan Bangsar Utama Kuala Lumpur Malaysia P: F: E: malaysia@spruson.com W: Spruson & Ferguson 2013 Page 6 of 6