How to apply for a Patent

​​Submit all your Patent Applications Online

Search Request with the National Office

As novelty is a main requirement for your invention to be patentable it is therefore recommended that before filing for a patent with the national office, a patent search is carried out to ensure that your invention is new and original.

A patent search may also be used if you are interested in knowing the latest state of the art in a certain technological area.

The minimum requirements for a search to be carried out are:

  1.  The exact title of the patent
  2.  The date the patent application was applied for
  3.  The name of the applicant

The pre-application search request may be made either by email or post and this service carries a fee of €11.65 per patent. Alternatively, a search may be carried out on the National Patent Register for which no fees are involved.

Other suggested websites with databases for Pre-Application Searches are:

Google Patents: https://patents.google.com/

Espacenet: https://worldwide.espacenet.com/

Filing an Application with the National Office

An application is to be submitted to the Industrial Property Registrations Directorate online.

The fee is of €116.47 per application and shall cover a period of 20 years from the filing date of the application. The maintenance of a patent shall be subject to the payment of the prescribed fee before the expiration of the second year in respect of the third year and each subsequent year thereafter; calculated from the filing date of the application.

The Patent application form is to be accompanied by:

  1.  A request for the grant of a patent
  2.  A description of the invention
  3.  One or more claims
  4.  An abstract of the invention
  5.  Any drawings referred to in the description or the claims

Examination and Grant

The process for grant will take 18 (eighteen) months from application date (or date of priority when this is being claimed by the applicant) unless specifically requested by the client in writing.

The application shall be examined in order to determine whether the application complies with the requirements laid down in the Act and in the regulations. The applicant shall be given the opportunity to amend the application in order to comply with the requirements.  If the applicant fails to make such amendments the Comptroller may refuse the application.

If the application as originally filed or as amended complies with all the formal requirements the Comptroller shall grant a patent on the application.

Information about Validating European Patents designating Malta

European Patent applications filed in the English language are automatically validated in Malta and there is no need to file a validation application.

For European Patents which are not drawn up in the English language, please find hereunder the current requirements in order to validate the application in Malta:

  1. The Validation Form duly completed;
  2. The English version of the European Patent within the time period provided for in Article 7(2)(a);
  3. If the English version is not available, and an extension of time for submitting the English version is requested in terms of Article 7(2)(b); the said request would need to be submitted together with the prescribed Fee; and
  4. The Power of Attorney documents.​

It should be noted that the submission of a validation request may be subject to further charges that may be implemented by this Office in due course and all applicants will be kept informed of any additional requirements, including charges, that this Office may implement in the future.

A European Patent designating Malta shall, confer from the date of the mention of its grant by the European Patent Office the same rights as a patent granted by the Office.

The patent proprietor is to validate his/her patent in Malta by filing an application before the Industrial Property Registrations Directorate, Commerce Department on the prescribed patent application form and accompanied by evidence of the grant of the European Patent together with a copy of the first page of the publication of the grant (B1 document).

The proprietor of the patent is to supply this office with a translation of the patent as granted, amended or limited in the English language within three months from the publication of the mention of the grant of the European Patent in the European Patent Bulletin.

Renewal fees in respect of a European patent are to be paid to this office, in accordance with the schedule of fees, for the years which follow that in which the mention of the grant of the European patent is published in the European Patent Bulletin. If a renewal fee becomes due before such publication, it is still to be paid to the EPO.  If the renewal fee falls due after such publication it is to be paid to this office.  If the renewal fee is paid within two months of the publication in the European Patent Bulletin of the mention of the grant of the European patent it will be considered as validly paid and hence no surcharge or late fee is payable.

Should it be required that a European Patent application is converted to a national application the necessary conversion form is to be completed and submitted to this office. The documents and requirements are the same as outlined when applying for a national application before this office.​

Methods of Payment

Payment may be done either:

  1.  directly at the office, by cash (exact amount), cheque;
  2. . by post - the application form together with a cheque payable to 'The Comptroller of Industrial Property';
  3. . online at: www.ips.gov.mt
  4. . Bank transfer to:
                    Bank: Bank of Valletta
                    Account number: 40018101689 (charges to be incurred by sender)
                    IBAN: MT58VALL22013000000040018101689
                    BIC Code: VALL MTMT
                    Account Name: Commerce

Schedule of Fees for Patent Applications​

Public Office Hours

Winter (1st October - 15th June): 08:00 - 14:00

Summer (16th June - 30th September): 08:00 - 12:00

Please do not hesitate to contact this office for any queries or clarifications that you may have. For further information kindly contact our office on telephone number 2569 0340 or send an email to ipoffice@gov.mt.​


Redress or appeal:
Decisions of the office which are open to redress or appeal must be sent on ipoffice@gov.mt or in writing at:
Commerce Department, Industrial Property Registration
Director Industrial Property Registration
Lascaris Bastions, Daħlet Ġnien is-Sultan,
Valletta  VLT 1933, Malta
Disclaimer:
Unless otherwise indicated, the information contained in this site is issued by the Industrial Property Registrations Director within the Commerce Department at The Ministry for the Economy, Investment and Small Businesses
 
Updated on:

Last updated on the 25th May 2020​​