The term of a patent in Malta shall be 20 years from the filing date of the patent application.
Patent Renewals are subject to the payment of the officially prescribed annuity fees in respect of the beginning of the third year and each subsequent year thereafter calculated from the patent's filing date.
The filing requirements for a Patent Renewal in Malta are the following:
Required payments of the official patent annuity fees from the patent's filing date in order to maintain a patent in Malta:
|1st Year||2nd Year||3rd to 20th Year|
|Payment not required||Payment not required||← Annuity Payments required →|
|← 20 Years Maximum Term of Protection →|
The renewal (payment of the official annuity fee) has to be carried out until the last day of the month in which the patent renewal falls due in order to prevent an official late payment fine.
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.
A late renewal (late payment of the official annuity fees) is possible within a grace period of 6 months from the end of the month in which the patent renewal falls due. A late payment of annuities is subject to the official surcharges, which depend on the month of payment. A renewal after the grace period is not possible.
|Month of Due Date||Within Grace Period of 6 months||After Grace Period|
|Usual Renewal||← Late Payment possible →||Renewal not possible|
An early renewal (early payment of the official annuity fees) is possible within 6 months before the month in which the patent falls due for renewal.
|Before||Within 6 months before the month in which the patent falls due||Month of Due Date|
|Not possible||← Early Payment possible →||Usual Renewal|
It usually takes 10 to 12 weeks until the Renewal Certificate will be issued.
The exact timeframe depends on the working processes of the Malta IPO and may vary.