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:
- The exact title of the patent
- The date the patent application was applied for
- 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:
- A request for the grant of a patent
- A description of the invention
- One or more claims
- An abstract of the invention
- 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:
- The Validation Form duly completed;
- The English version of the European Patent
within the time period provided for in Article
7(2)(a);
- 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
- 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:
- directly at the office, by cash (exact amount), cheque;
- . by
post - the application form together with a cheque payable to 'The Comptroller
of Industrial Property';
- .
online at: www.ips.gov.mt
- . 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
Documents
may be left at the front desk of the Commerce Department as per below:
Winter (1st October - 15th June): 08:00 - 12:00
& 13:30 – 15:30
Summer (16th June - 30th September): 08:00 - 12:00
Clients may also utilise the services at the Business 1st offices at Ċentru
Joseph Grech, 2nd Floor, Cobalt House, Notabile Road, Mrieħel, Birkirkara
(website www.businessfirst.com.mt)
should they have any queries regarding the filing of Trademarks, Patents or
Designs applications.
Redress or appeal:
D
ecisions 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,
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, European Funds and Lands
Updated on:
Last updated: 2nd May 2022

