Patents Laws in Micronesia
Here’s an overview of patent laws in the Federated States of Micronesia (FSM):
🇫🇲 Patent Laws in Micronesia
The Federated States of Micronesia (FSM) is a sovereign island nation in the Pacific. Intellectual property protection, including patents, is governed by the Micronesian Intellectual Property Act, implemented to comply with international standards.
1. Governing Law
The main legislation covering patents is the Micronesian Intellectual Property Act (MIPA).
FSM is a member of the World Intellectual Property Organization (WIPO) and the Paris Convention for the Protection of Industrial Property.
FSM is not a member of the Patent Cooperation Treaty (PCT).
2. Patentability Criteria
To be patentable in FSM, an invention must be:
Novel: Not previously disclosed anywhere worldwide.
Inventive step: Not obvious to a person skilled in the art.
Industrial applicability: Must be useful and capable of being made or used in industry.
Excluded from patent protection:
Scientific theories, mathematical methods, and abstract ideas.
Methods of medical treatment.
Plant or animal varieties.
Computer programs “as such” (unless they produce a technical effect).
3. Types of Patents
FSM grants standard patents for inventions meeting all patentability requirements.
There is no separate system for utility models or petty patents.
4. Patent Duration
Patents are granted for a term of 20 years from the filing date.
5. Patent Application Procedure
Patent applications must be filed with the FSM Intellectual Property Office.
The application requires:
A detailed description of the invention,
Claims defining the scope of protection,
Abstract and drawings (if applicable).
Applications undergo formal and substantive examination.
Published after 18 months from the filing date.
6. Foreign Applicants
Foreign applicants must file through a local agent or attorney authorized to act in FSM.
FSM follows the Paris Convention, so applicants may claim priority within 12 months of their first filing in any member country.
7. Patent Rights and Enforcement
Patent holders have the exclusive right to:
Manufacture, use, sell, or import the patented invention.
Prevent unauthorized use by others.
License or assign the patent rights.
Infringement can lead to civil remedies, including injunctions and damages.
8. Compulsory Licensing
FSM law allows compulsory licenses under certain conditions, such as:
Failure to work the patent locally.
Public health emergencies.
National interest considerations.
9. International Agreements
Member of WIPO
Member of the Paris Convention
Not a member of the PCT
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Micronesian Intellectual Property Act |
| Patent Term | 20 years from filing date |
| Patentability | Novelty, inventive step, industrial use |
| Application Process | Formal & substantive examination |
| Foreign Applicants | Allowed; Paris Convention priority claims |
| Utility Models | No separate system |
| Enforcement | Civil remedies, injunctions, damages |
| Compulsory Licensing | Allowed under specific conditions |
| International Membership | WIPO, Paris Convention |
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