How to register patent in Malta

Malta has many advantages for developing inventions in various fields. Malta has built a strong ICT ecosystem, with the presence of many large and small technology companies. The island nation also has advanced telecommunications infrastructure and a highly qualified workforce in the field. Malta is a rapidly growing pharmaceutical and biotechnology manufacturing hub. The island nation has attractive tax incentives for pharmaceutical companies and modern research and development infrastructure. Malta is an important international financial center, with a solid legal and regulatory framework. The island nation also has a diverse financial services industry, including banking, insurance, and wealth management. Malta aims to become a carbon-neutral country by 2050. The island nation is investing heavily in renewable energy, especially solar and wind energy. Malta is known as the “Blockchain Island” due to its progressive regulatory framework and favorable business environment for blockchain companies. The island nation is also investing in AI research and development. In addition, Malta has the potential to develop inventions in other fields such as aviation, maritime, education, and healthcare. The Maltese government has implemented many programs and initiatives to support the development of inventions, including: The FUSION program is Malta’s research and innovation funding program, which has the Malta Investment Promotion Authority and the Malta Science and Technology Council. These programs and initiatives aim to create a conducive environment for inventors and businesses to develop and commercialize innovative products and services. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Malta through the following article.

Legal Basis

• Law on Inventions and Designs [Chapter 417] (Law XVII of 2000, amended to October 17, 2023)

Definition of Invention in Malta

In Malta, a patent is a form of intellectual property right that grants inventors exclusive rights to their invention for a limited period of time. This exclusivity allows the patent owner to prevent others from producing, using, selling, or importing the patented invention without their permission.

Conditions for registering a patent in Malta

• Novelty: The invention must be new, which means that the invention has not been publicly disclosed or disseminated to the public prior to the date of filing the patent application. This includes any disclosure through publication, use, or oral presentation.
• Invention step: The invention must not be obvious to someone with expertise in the technical field, which means that it must include an element of creativity or novelty. This means that the invention cannot be a simple or logical extension of existing knowledge or technology.
• Industrial Application: The invention must have the ability to be used in industry or commerce. This means that it must have a practical use and can be manufactured or fabricated.

Types of Patents Registrable in Malta

• National Patents: These are patents issued by the Malta Intellectual Property Office and are valid only within the territory of Malta. The process involves filing the application directly with the Malta office, and the granted patent only provides protection within Malta.
• European Patents (EP): Malta is a member of the European Patent Convention (EPC), which allows inventors to obtain European Patents covering many designated European countries, including Malta. The European Patent Office (EPO) grants an EP and once ratified in Malta, it will provide the same protection as a national patent.

In addition, Malta recognizes: Supplementary Protection Certificates (SPCs): These types of certificates extend the term of patent protection for pharmaceutical products and plant protection products.

Filing for registration of a patent in Malta

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Malta through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Malta.

Benefits of the PCT system:

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

Patent registration services in Malta by Viet An Law Firm

• Perform the search and notify the customer in writing of the results of the patent search in Malta;
• Drafting dossiers and directly filing and monitoring the status of patent applications filed in Malta on behalf of the patent owner;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Malta;
• Assist in monitoring and representing objections and responding to intellectual property representatives carrying out procedures in Malta.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to file a patent application, please contact Viet An Law for the most effective support.