European Patent (EPO) Validation in Malta

1. Terms for patent validation in Malta

The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

2. Conditions for patent validation in Malta

2.1 Translation – Malta has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages.

• For provisional protection: it is required a translation of the complete patent specification, in English.
• After grant: a translation of the patent specification into English must be supplied. The translation must contain the name and address of the patent proprietor. Due date is 3 months after the date on which the mention of the grant, maintenance in amended form or limitation of the European patent is published in the European Patent Bulletin.

2.2 Payment of patent validation and national registration fees:

There is no special fee to be paid.

3. Effect of the European patent as a national Maltese patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Malta

• Due date: last day of the month in which the date of filing occured.
• Earliest possible date for payment: payment may not be made more than 6 months before due date.
• Period of grace for payment of fees (with surcharge): 6 months from due date.