Intellectual property
Patents
Patents in Malta are regulated by the Patents and Design Act which came into force the 1st June 2002. Patents are an important means by which persons who have invested time and money for the development of Intellectual property can protect their idea or invention against exploitation by others. Such allows for a period of time within which the patent holder can reap the benefits out of his invention and within such period use the patent exclusively for own commercial purposes or otherwise to issue licences against royalty payments. Patents are therefore there to protect the investment of individuals and companies in the development of intellectual property and are as a result encourage enterprises to invest further in research and development.
Patents can be registered in Malta with the Intellectual Property Office.
Three requirements are indispensable for an idea or innovation to be patentable:
1. It must be novel, that means that it does not form a part from the prior art.
2. Must involve an inventive step.
3. Must have industrial application, it can be made or use in any kind of industry.
The following cannot be patentable under the Act:
1. discoveries, scientific theories and mathematical methods; aesthetic creations;
2. schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers;
3. presentations of information
4. 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;
5. An invention the exploitation of which would be contrary to public order or morality.
The following documents are required to register a patent:
1. a copy of the complete specifications and abstract in the English language, together a copy of the drawings, if any;
2. where priority is claimed, a copy of the priority documents (with English translations) which need to be filed with the Malta Industrial Property Registrations Directorate within 16 months of the first priority filing date;
3. Where the applicant is not present in Malta a power of attorney issued in our favour which should be duly notarized and Apostilled according to the Hague Convention or attested by a Diplomatic or Consular Representative of Malta.
A patent is registered for a period of twenty years from the date of the application.
For more information about Intellectual Property or registering a Patent in Malta please email us on info@virtusmalta.com.
Patents can be registered in Malta with the Intellectual Property Office.
Three requirements are indispensable for an idea or innovation to be patentable:
1. It must be novel, that means that it does not form a part from the prior art.
2. Must involve an inventive step.
3. Must have industrial application, it can be made or use in any kind of industry.
The following cannot be patentable under the Act:
1. discoveries, scientific theories and mathematical methods; aesthetic creations;
2. schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers;
3. presentations of information
4. 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;
5. An invention the exploitation of which would be contrary to public order or morality.
The following documents are required to register a patent:
1. a copy of the complete specifications and abstract in the English language, together a copy of the drawings, if any;
2. where priority is claimed, a copy of the priority documents (with English translations) which need to be filed with the Malta Industrial Property Registrations Directorate within 16 months of the first priority filing date;
3. Where the applicant is not present in Malta a power of attorney issued in our favour which should be duly notarized and Apostilled according to the Hague Convention or attested by a Diplomatic or Consular Representative of Malta.
A patent is registered for a period of twenty years from the date of the application.
For more information about Intellectual Property or registering a Patent in Malta please email us on info@virtusmalta.com.
