MaltaGenerale

European Patent Validation in Malta

EN / IT

EP Validation in Malta

Malta became member state of the European Patent Organisation in 2007.
Since the very beginning of Malta's Membership we are entrusted by leading international law firms to carry out Malta EP Validations.

After its grant by the EPO (European Patent Office) an EP which indicates Malta as a designated contracting state has to be validated in Malta within specific time limits.

In 2013 Malta introduced a new validation process for EPs granted in English which significantly differs from the validation of EPs granted in German or French.

— EP Validation Services — Access to 40 countries with a single instruction —
Beside our EP Validation services in Malta we can offer EP Validations through a network of corresponding agents and law firms in all EPO member and extension states.

>Further information

Requirements

Filing requirements for Malta EP Validations:

  1. The Power of Attorney (POA Requirements);
  2. A copy of the EP Registration Certificate (Extract from the European Patent Bulletin);
  3. A translation into English in case the EP was granted in German (DE) or French (FR).

Translation

In Malta a translation is not required in case the EP granted in English.
EPs granted in German (DE) or French (FR) require a translation into English or Maltese of the patent title, description, claims and drawings. The translation can be filed with the Malta IPO within 2 months from the filing date of the Validation Application.

Official Fees

Official Fees for EP Validations have not yet been issued in Malta.
EP Validation in Malta may be subject to official charges that may be implemented in future.
Possible future official fees will not be retroactive. All clients will be kept informed of any future official charges.


Validation of EPs granted in English

On 24th January 2013 the Malta IPO informed us on the introduction of a new and specific Validation Process for EPs which are granted in English (EN) - The communication from the IPO clarifies the following:

"The Malta IPO clarifies that in order to validate a European Patent (EP) which has been granted in the English language, the request for renewal, together with the prescribed fee and a copy of decision of grant issued by the EPO or a copy of the page of the EPO bulletin containing the grant, is to be submitted to this office on the attached form when the EP is due for its first renewal in Malta."

EP Validation Deadlines in Malta

An overview on the EP Validation Deadlines depending on the grant language of the EP:

EN DE / FR
EP Validation Deadline: EPs granted in English (EN) can only be validated in combination with the first patent renewal in Malta after the grant date of the EP.
Validation and first renewal cannot be filed separately of each other.
EPs granted in German (DE) or French (FR) have to be validated in Malta within 3 months from the grant date of the EP.
Earliest possible EP Validation: The validation / first renewal of EPs granted in English (EN) can be filed up to 6 months before the first patent renewal due date in Malta. EPs granted in German (DE) or French (FR) can be validated directly after the grant date within 3 months from the grant date of the EP.
Latest possible EP Validation: Since the validation of EPs granted in English (EN) is connected with the patent's first renewal in Malta it is also possible to file the validation / first renewal late (up to the end of the 6th month from the due date of the first renewal in Malta). The validation of EPs granted in German (DE) or French (FR) is only possible within 3 months from the grant date of the EP.
A later validation is not possible.
EP Validation only in connection with the first renewal: EPs granted in English (EN) have to be validated together with the patent's first renewal in Malta. The validation application of EPs granted in German (DE) or French (FR) must be filed separately from a renewal application.
Should a deadline fall on a weekend or on a public holiday the deadline will be deemed to be the day before the weekend or public holiday.

Validation Deadline Examples

Examples on Validation Deadlines depending on the grant language of the EP:

Example I EN DE / FR
  EP granted in English EP granted in German or French
EP filing date with the EPO: 12th March 2012 12th March 2012
EP grant date by the EPO: 08th May 2019 08th May 2019
Earliest possible filing date of Malta EP Validation: 12th September 2019
(6 months before the first patent renewal date in Malta)
08th May 2019
(EP grant date)
Latest possible filing date of Malta EP Validation: 30th September 2020
(end of the 6th month after the first patent renewal due date in Malta)
08th August 2019
(3 months from the EP grant date)

Example II EN DE / FR
  EP granted in English EP granted in German or French
EP filing date with the EPO: 10th October 2014 10th October 2014
EP grant date by the EPO: 20th June 2019 20th June 2019
Earliest possible filing date of Malta EP Validation: 20th June 2019
(in this case the validation can be filed immediately)
20th June 2019
(EP grant date)
Latest possible filing date of Malta EP Validation: 30st April 2020
(end of the 6th month after the first patent renewal due date in Malta)
20th September 2019
(3 months from the EP grant date)

Certificates

The timeframe from filing to validation depends on the working processes of the Malta IPO. It usually takes 6-8 weeks until the certificate will be issued.
In case of EPs granted in English (EN) the Malta IPO issues a "Renewal Certificate" as the validation is combined with the Malta first renewal.
In case of EPs granted in German (DE) or French (FR) a "Validation Acknowledgement" will be issued by the Malta IPO.

Renewal / Annuity

After the EP Validation has been processed annuity payments are handled like Renewals for Maltese National Patents.