MaltaGenerale

Malta Patents / Assignment

Patent Assignment in Malta

Any change in the ownership of a patent application or a registered patent shall be recorded in the Malta IPO's patent register. The new proprietor shall be entitled to institute any legal proceedings concerning the patent only if he has been recorded in the patent register as the new proprietor.

The transfer or assignment of a patent application or patent shall not affect rights acquired by third parties before the date of such transfer or assignment and shall have effect vis-à-vis third parties only after entry thereof is made in the patent register, unless such third parties having acquired rights after the date of the transfer or assignment but before its entry into the register knew of the transfer or assignment at the date on which such rights were acquired.

Requirements

Filing requirements for an assignment of a patent (or patent application) in Malta:

  1. The Power of Attorney;
  2. The Deed of Assignment;

Power of Attorney (POA)

Our Power of Attorney has to be signed by the assignor. Generally a notarisation of the POA is not required, however we may ask for a notarisation in certain cases.
The original POA is required before the patent assignment will be filed with the Malta IPO.
There is no need of a POA from the assignee unless he requires changes after the assignment is effected.

Deed of Assignment

The Deed of Assignment has to be provided in English and in written form and shall be signed by the parties to the contract.
The Deed of Assignment has to contain the particulars of the assignor, the particulars of the assignee and has to indicate the number of the patent concerned (patent number which was issued by the Malta IPO on the "Certificate of Registration").
It also has to indicate a date, which could be the signing date of the document.

A further requirement relating to the assignment document is one of the following:

  • The notarisation of the document (signatures) or
  • The legalization by a diplomatic or consular representative of Malta or
  • The Apostille according to the Hague Convention
Any contract assigning a patent application or a patent shall, on pain of nullity, be made in writing and shall be signed by the parties to the contract.