Patents
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Which patent-related international treaty is your country is a
member of?
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Malta belongs to the following patent-related international
teaties:
- Paris Convention
- Patent Cooperation
Treaty ("PCT")
- TRIPS
- European Patent
Convention ("EPC")
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What kinds of protection is available for inventions?
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Inventions protections available in Malta include:
- Inventions
- Other: Protection is also available to biological materials and
plant varieties (subject to certain conditions)
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What kinds of subject matter (as such) are excluded from patent
protection?
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The following subject matter is excluded from patent protection
in Malta:
- Methods of medical treatment or diagnosis
- Computer programs
- Business methods
- Other:
- discoveries, scientific theories and mathematical methods;
- aesthetic creations;
- schemes, rules and methods for performing mental acts, playing
games or doing business and programs for computers; and
- presentations of information.
A method for the treatment of the human or animal body by
surgery or therapy and a diagnostic method practiced on the human
or animal body is not regarded as being capable of industrial
application.
Patent protection is also excluded for the following:
- an invention the exploitation of which would be contrary to
public order or morality;
- the human body, at the various stages of its formation and
development, and the simple discovery of one of its elements,
including the sequence or partial sequence of a gene;
- processes for cloning the human body, processes for modifying
the germ line genetic identity of the human body and uses of the
human embryo for industrial or commercial purposes;
- processes and products for modifying the genetic identity of
animals which are likely to cause them suffering without any
substantial medical benefits to man or animal;
- plant and animal varieties;
- essentially biological processes of the production of plants or
animals;
- DNA sequence not containing any technical information and in
particular any indication of its function
The general exclusion of computer programs from patentability
does not apply where that computer program produces a further
technical effect.
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What are the documents and information required for filing a
national patent application?
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Documents and information required for filing a national patent
application in Malta include:
- Name and address of the applicant(s)
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
- Power of Attorney ("POA")
- Other: The POA must be signed
by a duly authorized representative and duly witnessed, however,
there are no notarization or legalization requirements. The
application must also be submitted with the title of the invention,
which must clearly and concisely state the technical designation of
the invention.
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Publication, Amendment and Divisional Application
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Is it possible to request early publication or a deferment of
publication?
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Yes, it is possible to request early publication or deferment of
publication in Malta.
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Does the applicant have a provisional right upon the publication
of an application?
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Yes, the applicant has a provisional right upon publication of
an application in Malta. Publication of a patent application
provisionally confers upon the applicant the "patent
rights" prescribed under the law in Malta.
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When is it possible to file a voluntary amendment to
specification?
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It is possible to file voluntary amendments in Malta at the
following times:
- At the time of entry into the national phase
(for PCT application)
- At any time during prosecution
- At the time of requesting examination
- Other: The proprietor of a registered patent may request
changes to its patent, but only in order to limit the extent of the
protection conferred by it.
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Is it required to file a request for substantive
examination?
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Yes, it is required to file a request for substantive
examination in Malta, however, there is no prescribed deadline.
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Is there a third-party opposition procedure upon publication or
after grant?
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Yes, there is a third-party opposition procedure upon
publication or after grant in Malta.
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What is the time period from application to grant for a
straightforward application (no office actions or oppositions)?
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The time period from application to grant in Malta should
take place within 18 months from the date of filing.
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Is there any process for accelerated examination of
application?
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Yes, there is a process for accelerated examination of an
application in Malta. The request needs to be filed with the
Comptroller of Industrial Property. There are no prescribed
requirements/timelines in Malta.
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Annuity (Maintenance of a national patent)
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To maintain the validity of patent, is it required to pay an
annuity in your country?
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Yes, it is required to pay an annuity to maintain the validity
of a patent in Malta.
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Is late payment of annuity permissible?
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Yes, late payment of an annuity is permissible in Malta. The
surcharge, where (late) maintenance fee is paid:
- within 1 month from the due date - EUR 11.65;
- within 2 months from the due date – EUR 16.31;
- within 3 months from the due date – EUR 23.29;
- within 4 months from the due date – EUR 32.61;
- within 5 months from the due date – EUR 44.26;
- within 6 months from the due date – EUR 58.23
Renewal/maintenance is no longer possible after a lapse of the
six-month grace period.
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What are the available enforcement methods in your country?
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Available enforcement methods in Malta include:
- Civil enforcement
- Criminal enforcement
- Border measures
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Are there any peculiarities in the system of protection for a
patent in your country, of which it is important for clients to be
aware?
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Trademarks
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What is the system for trademark protection in your country?
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The system for trademark protection in Malta includes the
following:
- Registration
- Common law - Maltese law also grants statutory protection to
unregistered trademarks
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To which international treaties does your country belong?
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Malta belongs to the following international treaties:
- Paris Convention
- Nice Agreement Concerning the International Classification
of Goods and Services for the Purposes of the Registration of
Marks
- Trademark Law Treaty
("TLT")
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What are the benefits of registering a trademark in your
country?
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The benefits of registering a trademark in Malta include:
- Other: The rights and remedies for registered trademarks
are more clearly defined, and arguably wider, under Maltese law
than in the case of unregistered trademarks.
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Is it possible to obtain registration for the following types of
marks under the registration system in your country?
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Service marks
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Yes |
Defensive marks |
No |
Collective marks |
Yes, collective marks may be applied for by
associations of manufacturers, producers, suppliers of services or
traders. An applicant for a collective mark must submit the
regulations governing its use, which must at least specify the
persons authorized to use the mark, the conditions of membership of
the association and the conditions of use of the mark, including
sanctions. |
Certification marks |
Yes, any person may apply for a certification
mark, provided that such person does not carry on a business
involving the supply of goods or services of the kind certified. An
applicant for registration of a certification mark must inter alia
file regulations governing the use of the mark specifying the
person authorized to use the mark, the characteristics to be
certified by the mark, how the certifying body is to test those
characteristics and to supervise the use of the mark, the fees (if
any) to be paid in connection with the operation of the mark. |
Well-known marks |
Yes, must be well-known in Malta as being the mark
of a person who is a national of a Paris
Convention country, or is domiciled in, or has a real and
effective industrial or commercial establishment in a Convention
country, whether or not that person carries on business, or has any
goodwill, in Malta. |
Series marks |
No |
Marks in a different language or characters other
than Roman characters |
Yes |
Non-traditional marks: Sound marks |
Yes, as set out in our law, a trademark may
consist of any signs, in particular words, including personal
names, or designs, letters, numerals, colors, the shape of goods or
of the packaging of goods, or sounds. An audio file of the
"sound" which is the subject of the trademark application
should be submitted, generally in JPEG MP3 format. An alternative
option is to submit an accurate representation of the sound in
musical notation. |
Non-traditional marks: Smell marks |
Yes, scent (olfactory) marks are not, in
principle, excluded from being the subject of a trademark
application. A written description of the scent may be submitted,
but the acceptance of this as a method of representation is not a
settled position, particularly in light of EU jurisprudence. |
Non-traditional marks: Position marks |
Yes, a representation of the position mark in JPEG
format should be submitted. This representation should
appropriately identify the position of the mark and its size and
proportion with respect to the relevant goods/services. |
Non-traditional marks: Color marks (i.e.
registration of a single color or a combination of colors, e.g.
Cadbury's purple color) |
Yes, in the case of a single color, then the
applicant should submit a reproduction of the color and an
indication of that color by a reference to a generally recognized
color code. In the case of a color combination, the applicant
should submit a reproduction of the color combination that shows
the systematic arrangement of the color combination in a uniform
and predetermined manner and an indication of those colors by a
reference to a generally recognized color code (in both cases, JPEG
format should be used). |
Non-traditional marks: Shape or three-dimensional
marks |
Yes, a graphic reproduction of the shape,
including computer-generated imaging, or a photographic
reproduction (JPEG, OBJ, STL or X3D format). |
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What are the documents and information required for filing a
trademark application in your country?
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Documents and information required to file a trademark
application include:
- Name and address of the applicant
- Representation of the trademark
- Goods and services and the class(es) for which the trademark is
to be registered
- Power of Attorney
- Other: There is no statutory requirement for the Power of
Attorney to be notarized or legalized (although, the national
trademark office does have the discretion to request it). In all
cases, however, the power of attorney should have a witness to
signature and, where an applicant is a legal person, the signatory
must be a duly authorized representative.
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Are multi-class applications permitted in your country?
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No, multi-class applications are not permitted in Malta.
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Is there substantive examination of trademarks?
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Yes, there are substantive examinations of trademarks in
Malta on the following grounds:
- Substantive grounds
- Other: The local trademark examiners will examine the
trademark application to ensure that it is formally admissible and
does not fall afoul of any of the absolute grounds for refusal
prescribed in our law. If both elements are satisfied, the
trademark application will then be published for opposition
purposes.
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What are the absolute grounds for refusal?
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Absolute grounds for refusal of a trademark in Malta
include:
- Mark has direct reference to the character or quality of the
goods or services
- Mark is not distinctive
- Other: (i) Trademarks which do not fall within the
definition of a trademark; (ii) Trademarks which consist
exclusively of signs or indications that may serve, in trade, to
indicate the kind, quality, intended purpose, value, geographical
origin, the time of production of goods or of rendering of
services, or other characteristics (descriptiveness); (iii)
Trademarks which consist exclusively of signs or indications that
have become customary in the current language or in the bona fide
and established practices of the trade (generic terms); (iv) Signs
which consist exclusively of the shape, or another characteristic,
which results from the nature of the goods themselves; (v)
Signs which consist exclusively the shape, or another
characteristic, of goods which is necessary to obtain a technical
result; (vi) Signs which consist exclusively the shape, or another
characteristic, which gives substantial value to the goods; (vii)
Trademarks which are contrary to public policy or to accepted
principles of morality; (viii) Trademarks which are of such a
nature as to deceive the public or likely to deceive the public,
for instance, as to the nature, quality or geographical origin of
the goods or services; (ix) Trademarks which have not been
authorised by the competent authorities and are to be refused or
invalidated pursuant to Article 6ter of the Paris Convention; (x)
Trademarks which are excluded from registration pursuant to Union
legislation or the laws of Malta, or to international agreements to
which the Union or Malta is party, providing for protection of
designations of origin and geographical indications; (xi)
Trademarks which are excluded from registration pursuant to EU
legislation or international agreements to which the Union is
party, providing for protection of traditional terms for wine;
(xii) Trademarks which are excluded from registration pursuant to
Union legislation or international agreements to which the Union is
party, providing for protection of traditional specialities
guaranteed; (xiii) Trademarks which consist of, or reproduce in
their essential elements, an earlier plant variety denomination
registered in accordance with Union legislation or the laws of
Malta, or international agreements to which the is party, providing
protection for plant variety rights, and which are in respect of
plant varieties of the same or closely related species; (xiv) Where
the application for registration of the trademark was made in bad
faith by the applicant; (xv) Where the use of that trademark may be
prohibited pursuant to provisions of law other than trademark law
of Malta or of the Union; (xvi) Where the trademark includes a sign
of high symbolic value, in particular a religious symbol; (xvii)
Where the trademark includes badges, emblems and escutcheons other
than those covered by Article 6ter of the Paris Convention and
which are of public interest, unless the consent of the competent
authority to their registration has been given in conformity with
the laws of Malta; (xviii) Where the trademark includes the arms,
or any of the principal armorial bearings of the arms appertaining
to the President or the Roman Catholic Archbishop of Malta, or any
insignia or device so nearly resembling such arms or any such
armorial bearing as to be likely to be mistaken for them or it;
(xix) Where the trademark includes a representation of the
Presidential or Episcopal flags; a representation of the President
or the Archbishop, or any colourable imitation thereof; (xx) words,
letters or devices likely to lead persons to think that the
applicant either has or recently has had Presidential or Episcopal
patronage or authorization; (xxi) Trademarks which consist of a
representation of the national flag of Malta.
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What are the relative grounds for refusal?
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Relative grounds for refusal of a trademark in Malta
include:
- There is a prior application for registration or registration
for an identical or confusingly similar mark in relation to the
same goods or services as the subject mark
- There is a prior application for registration or registration
for an identical or confusingly similar mark in relation to similar
goods or services (although in a different class) as the subject
mark
- Well-known mark: There is a well-known mark that is identical
or so nearly resembling the subject mark for the same goods or
services as the subject mark
- Well-known mark: There is an earlier registered mark that is
well-known for different goods or services and the use of the
subject mark would indicate a connection between goods or services
covered by the subject mark with the proprietor of the well-known
mark.
- Other: The subject mark identical with, or similar to, an
earlier trademark irrespective of whether the goods or services for
which the trademark is applied or registered are identical with,
similar to or not similar to those for which the earlier trademark
is protected, where the earlier trademark has a reputation in Malta
or, in the case of an EU trademark, has a reputation in the Union
and the use of the later trademark without due cause would take
unfair advantage of, or be detrimental to, the distinctive
character or the repute of the earlier trademark
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What is the time period from application to registration for a
straightforward trademark application in your country?
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The time period from application to registration in Malta is
between 6-12 months.
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Renewal (Maintenance of trademark registration)
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Is late renewal of a trademark registration permissible in your
country?
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Yes, late renewal of trademark registration is permissible in
Malta. There is a grace period of six months immediately following
the expiry of the registration of the trademark or of the
subsequent renewal thereof. In the case of a late renewal, the
applicant would need to pay the normal renewal fee (currently EUR
93.17) plus an additional fee (currently EUR 34.94).
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Does evidence of use need to be submitted to the trademark
office at any time in order to maintain an application for
registration or a registration of a trademark in your country?
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No, evidence of use does not need to be submitted to the
trademark office in order to maintain an application for
registration or registration of a trademark in Malta.
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Are trademark licensees required to record themselves with the
Registrar?
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No, trademark licensees are not required to record themselves
with the Registrar in Malta. However, recording of a license is
recommended in order for that license, and the licensee's
rights to the particular trademark, to have effect vis-à-vis
third parties.
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What are the available enforcement methods in your country?
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Available enforcement methods in Malta include:
- Civil enforcement
- Infringement action
- Passing off
- Criminal enforcement
- Border or other administrative enforcement measures
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Are there any peculiarities not mentioned above in the system of
protection for trademarks in your country of which it is important
for clients to be aware?
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