Patent Application & Registration in Malta

Any natural person or legal entity may apply for a patent either alone or jointly with another.
In order to register a patent the official application documents have to be filed with the Malta IPO.

Requirements

Filing requirements for Malta Patent Applications:

1. The Power of Attorney (POA Requirements);
2. The applicant's name and address;
3. A description of the invention;
4. A copy of the abstract and the complete specifications;
5. One or more claims;
6. Drawings referred to in the description or in the claims;
7. A translation is required in case the patent is not in English or Maltese;
8. Priority number, date claimed and priority document (in case priority will be claimed);

Translation

A translation is required in case the patent is not in English or Maltese.
In this case a translation of the patent title, description, claims and drawings is required.
The translation has not necessarily to be filed together with the patent application but is required within 2 months from the filing date of the patent application.

Claiming Priority

A patent application with a claim of priority can be filed within 12 months from the date of the first filing of a patent application.
Priority can be claimed pursuant to the "Paris Convention for the Protection of Industrial Property", of one or more earlier national, regional or international applications filed in/for any State party to the Paris Convention, the World Trade Organisation (WTO) or for any State with which Malta has made an international arrangement for mutual protection of inventions.

Requirements & Documentation for Claim of Priority:

• Country, date and application number of the first application;
• Copies of the priority documentation of the first application from the Comptroller of Industrial Property (in case the priorty documentation is not in English a translation is required);

Patentability

Under the Patents and Designs Act of Malta an Invention is patentable when:

• it is novel and
• it involves an inventive step and
• it is susceptible of industrial application

Novelty

An Invention shall be considered to be novel if it does not form part of the prior art.
"Prior Art" means everything which, before the filing date or, where priority is claimed, before the priority date of the application claiming the invention, was available to the public in a written or other graphic form, by an oral description, by use or in any other way anywhere in the world.
The prior art includes also the content of any patent application as filed in, or with effect for, Malta to the extent that such application or the patent granted thereon is published subsequently by or for the Office of the Comptroller.

Inventive Step

An Invention shall be considered to involve an inventive step if, if it is not part of prior art and it is not obvious to a person skilled in the art.

Industrial Application

An Invention shall be considered industrially applicable if it can be made or used in any kind of industry.
The term "industry" shall be understood in its broadest sense and shall include handicraft, agriculture and fishery.

Exclusions from Patentability

Basically the Patents and Designs Act of Malta excludes from registration:

• discoveries, scientific theories and mathematical methods;
• aesthetic creations;
• schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers;
• presentations of information;
• a method for the treatment of the human or animal body by surgery or therapy and a diagnostic method practised on the human or animal body;
• the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene;
• an invention the exploitation of which would be contrary to public order or morality;

Patent Registration Process

The timeline from application to registration:

FAQs - Malta Patent Application

Inspection of Files?

After a patent application or the patent granted thereon has been published, any person may inspect the files of the application.

Term of Patent / Renewal & Annuity?

If continually maintained the term of a patent shall be 20 years from the filing date of the application.
Further information on Patent Renewal & Annuity

License Recordal?

A licence may be exclusive or non-exclusive and has to be recorded in the Maltese Patent Register.
Further information on Patent License Recordal