Currently the European Patent Office (EPO) presents the only solution for pan-European patent protection. European patents cover all the states designated in the application with the ensuing process of having the patent validated in each of the states for which protection is being sought.
December 2006 saw the deposit by the Government of Malta of its instrument of accession to the European Patent Convention (EPC) and to the Act revising the EPC of 29 November 2000 (Revision Act). As from March 1, 2007 Malta joined both the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC) with the latter coming into place through the aptly named European Patent Convention Regulations 2007.
By virtue of the EPC, a European Patent shall, in each of the contracting states for which it is granted, have the effect of and be subject to the same conditions as a national patent granted by Malta, unless otherwise provided in the EPC. Malta can only be designated on European Patent applications on or after March 1, 2007.
Malta Patent Validations Process
A European patent designating Malta shall be equivalent to a regular national application, grant the same rights as a patent granted by the Maltese IP Office and shall claim priority of the European patent application.
Through this single application process in EPC contracting states costs are reduced and the procedure is less time consuming.
For the European patent to take effect in a designated EPC state, including Malta, certain steps must be carried out. The Malta national authority, that is, the Industrial Property Registrations Directorate (IPRD), is the office responsible for stipulating the conditions and procedures required for Malta patent validations, which include,
- the relevant application form – duly compiled and executed by the appointed Maltese representative/attorney
- details for the inventor
- details of the invention with any information about priority
- an English version of the patent;
- a copy of the patent translated into English, if it’s in any other languages besides Maltese or English,
- and a copy of the power of attorney.
The EPO does not grant a unitary right, instead it grants a set of independent national patents. When a European Patent Application designating Malta is granted, what is conferred is a national patent.
Malta Patent Validation Services
In Malta Patent Validations procedures, it is important to appoint a local representative to deal with all formalities and assist with the relative filings. Our firm is in a position to assist in this regard. Our services include:
- preparation and filing of patent validation documents
- preparation of application forms with the Malta Industrial Property Registrations Directorate (IPRD)
- liaising with the IPRD on various other matters
- annual renewals and maintenance.
