Patents

Under the Patents and Designs Act, 2000 an invention shall be patentable, provided it is novel, involves an inventive step and is industrially applicable.

The law proceeds to set out examples of what is excluded from the meaning of an invention and also provides for instances where a patent shall not be granted.

Priority Claims

The application may contain a declaration claiming priority pursuant to the Paris Convention for the Protection of Industrial Property, of one or more earlier national, regional, or international applications filed by the applicant or his predecessor in title in or for any State party to the said Convention or the World Trade Organisation or for any State with which Malta has made an international arrangement for mutual protection of inventions.

Documentation required

  1. two copies of the description, claim/s, drawing/s and abstract (where necessary, these documents must be accompanied by English translations certified by an official translator).
  2. two copies of the application filed overseas duly certified by the Patent office of the foreign country, where priority is claimed.
  3. our standard power of attorney with the signatures thereon attested by a notary or legalised with the Apostille on the reverse side in terms of the Hague Convention or duly legalised by a Diplomatic or Consular Representative of Malta.

Term of a Patent

The term of a patent shall be 20 years from the filing date of the application.

Assignment of Patents

The assignment of a patent or patent application must be made by means of a written contract signed by the respective parties.

Documentation Required

  1. a deed of assignment with the signatures thereon duly attested by a notary or legalised with the Apostille on the reverse side in terms of the Hague Convention or duly legalised by a diplomatic or consular representative of Malta;
  2. a written authorisation duly executed in our favour by the assignor and assignee, with the signatures thereon duly attested by a notary or legalised with the Apostille on the reverse side in terms of the Hague Convention or duly legalised by a diplomatic or consular representative of Malta.
  3. details of the patent.

Licence Contracts

A licence contract which must be made in writing is a contract whereby one of the parties allows the other party to perform certain acts prescribed in the Act in respect of an invention claimed in a patent or a patent application.

A patent application or patent may be licensed in whole or in part for the whole or part of Malta. In addition, such a licence may be exclusive or non-exclusive.

The services provided by the firm in this field include:

  • Registration, administration and litigation in relation to trademarks, patents, designs and other intellectual property rights.
  • Registration and administration of European Community Trademarks and Community Designs as well as assistance in the protection of intellectual property rights internationally, both within and outside of Europe.
  • Advice and assistance including litigation in relation to copyright.
  • Advice and assistance in relation to the assignment of intellectual property rights.

Further information may be obtained from one of our leading experts by contacting us below:

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