Patents


Legislation
 
 
Schedule of Fees for Patent Applications
 
Information about Validating European Patents designating Malta
 
Please find hereunder the current requirements in order to validate a European Patent 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) of LN99 of 2007; 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. (Please vide Legal Notice 99 of 2007)
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 patent specifications (i.e. abstract, description and claims).

If the European patent as granted, amended or limited by the European Patent Office is not drawn up in English, the proprietor of the patent is to supply this office with a translation of the patent as granted, amended or limited in this 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 requred that an EP 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.