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 (Chapter 417 of the Laws of Malta): the aptly named, European Patent Convention Regulations 2007.

However, Malta was one of the first countries to join its EU State partners using the enhanced co-operation procedure to participate in the unitary patent system.

Ever since 2007, patents obtained via the European Patent Office (EPO) may designate Malta as a state in which the patent will be 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.

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, is the one responsible for stipulating these factors. To date, the documents required when compiling a validation application are:

  1. 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;
  2. an English version of the patent specification;
  3. a duly signed power of attorney;
  4. a copy of the decision to grant issued by the EPO, or a copy of the front page of the published patent (if available).

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 of 198, Old Bakery Street Valletta on telephone number 0035621241232 or contact directly Dr Jeanine Rizzo

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.