Patents Laws in Malta
Here is a detailed overview of Patent Laws in Malta:
๐น Legal Framework
Patent protection in Malta is governed by:
Patents and Designs Act (Cap. 417) โ main national law on patents.
Administered by the Commerce Department โ Industrial Property Registrations Directorate.
Malta is a member of several international IP treaties, including the European Patent Convention (EPC).
๐น Types of Patent Protection
National Patent (via Maltaโs IP Office)
Protection term: 20 years from the filing date.
Subject to annual renewal fees starting from year 3.
European Patent (EP)
Granted by the European Patent Office (EPO).
Can be validated in Malta after grant.
International Patent (via PCT)
Malta is a member of the Patent Cooperation Treaty (PCT).
Applicants can designate Malta in international patent applications.
๐น Patentability Requirements
A patentable invention must be:
Novel: Not part of the prior art.
Inventive: Not obvious to someone skilled in the field.
Industrially applicable: Capable of industrial use.
๐น Non-Patentable Subject Matter
According to Maltese law, the following are not patentable:
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations.
Schemes, rules, and methods for performing mental acts or playing games.
Computer programs as such.
Methods for treatment or diagnosis of the human/animal body.
Plant or animal varieties or biological processes for their production (with some exceptions).
๐น Application Process (National Route)
File application with the Malta Commerce Department.
Must include: request form, description, claims, abstract, and drawings (if applicable).
Formal examination is conducted (Malta does not perform substantive examination).
Once accepted, the patent is granted and published in the Industrial Property Journal.
๐น Patent Duration and Renewal
20 years from the filing date (no extensions).
Annual renewal fees are payable from the third year onward.
Grace period of 6 months for late payment (with surcharge).
๐น Enforcement of Patent Rights
Patent holders can file civil lawsuits for infringement in the Maltese courts.
Available remedies include:
Injunctions
Damages and compensation
Seizure or destruction of infringing goods
๐น International Agreements Malta is Party To
European Patent Convention (EPC)
Patent Cooperation Treaty (PCT)
Paris Convention
TRIPS Agreement (through WTO membership)
WIPO membership
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