The current solution for pan-European patent protection is that presented by the European Patent Office (EPO). The European patent will cover all states designated in the application. However, for this to happen, the patent must be validated in each of the states for which protection is to be continued.
Malta is a late-comer to the European Patent Convention (EPC). Accession to the EPC occurred in December 2006, with entry into force happening on the 1st March 2007, through subsidiary legislation passed under the Patents and Designs Act (cap 417 of the Laws of Malta): the aptly named, European Patent Convention Regulations 2007.
Patents obtained via the European Patent Office (EPO) may now designate Malta as a state in which the patent is applicable. Companies will therefore further the reach of their patent to not only another EPC contracting state but also another European Union member state – Malta having become a member state of the EU in May 2004. This is in lieu of having an EU-wide patent network.
Naturally, in order for the European patent to take effect in a designated EPC state, certain steps must be followed. The national authority, that is, the Industrial Property Directorate, which falls under the Ministry of Finance, is the one responsible for stipulating these factors. Until now, what is required is: the relevant application form – duly completed by a Maltese representative – which lists the details for the inventor and the invention along with any information about priority; an English version of the patent; and a copy of the power of attorney. Thanks to the fact that English is one of the working languages used in Malta, if the patent already exists in the English language, then no translations need to be carried out for validation in Malta. However, if the patent is not in English then a translation must be submitted.
The Industrial Property Directorate has, for now, not imposed any charges on filing for validation of a European patent in Malta, however it is known that these are in the pipeline, and practitioners are waiting for them to be announced.
Should you wish to validate a European Patent in Malta contact the intellectual property department at Fenech & Fenech Advocates.
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