Intellectual Property
Patents
a protection tool
Michelle Bonello
Director – Industrial Property Registrations
Intellectual Property
Intellectual
Property
Industrial Property
Trademarks
Designs
Copyright
Patents
Related Rights
Trademarks
A trademark is:
any sign capable of being represented
graphically (or put down in words) which is
capable of distinguishing goods or
services of one undertaking from those of
other undertakings.
Designs
Designs are the ornamental or aesthetical
aspects of an article.
These designs make an article attractive
and visually appealing, thus adding to its
commercial value.
Industrial Designs
The visual features that form the design
include such things as
the lines, contours,
colours, shape,
texture, materials and
the ornamentation of the product which,
when applied to the product, give it a
unique appearance.
Copyright and Related Rights
Copyright is a legal term that describes
rights given to creators of literary and
artistic works.
Copyright and related rights include a
broad range of works.
Copyright and Related Rights
 newspaper articles,
 novels,
 drawings,
 paintings,
 architectural works,
 music.
Filippo Brunellesci
Florence Cathedral Dome
- ITALY
Copyright and Related Rights
 dance,
 photographs,
 movies,
 cartoons,
 software.
Mickey Mouse
© The Walt Disney Company
Copyright
Copyright provides exclusive and
automatic rights to creators
to use or to authorize others
to use their works in certain ways, giving
them the ability to control and receive
payment for their creations.
Patents
Patents
What is a Patent?
A patent protects new inventions and
covers:
•
•
•
•
how things work,
what they do,
what they are made of, and
how they are made.
Patents
Patent owners are obliged to publicly
disclose information on their invention
which serves as:
• a valuable resource for other
inventors,
• as inspiration leading to further
advanced inventions.
Patents
A patent gives the owner the right to
prevent others from:
• making,
• using,
• importing or
• selling
the invention without permission.
Patents
Patents also help inventors
earn a living from their work.
Like assets that are transferable;
Patents can be bought and sold to others.
Patents
A Patent provides
exclusive rights
to the patent owner in a
particular territory.
A Maltese patent
only gives the owner rights
in the Maltese Islands.
Patents
Patents
protect inventions,
but
not all inventions
can be patented.
Inventions which cannot be Patented

Discoveries, scientific theories and
mathematical methods;

Schemes, rules and methods for
performing mental acts,
playing games or doing business and
programs for computers;
Inventions which cannot be Patented

presentations of information;

artistic creations;

a method for the treatment of the
human or animal body.
A Patent shall not be granted
In respect of:

an invention the exploitation of which
would be contrary to public order or
morality;

the human body, at the various stages of
its formation;

processes for cloning the human body;
A Patent shall not be granted
In respect of:
 processes and products for modifying
the genetic identity of animals;
 plant and animal varieties;
 DNA sequence not containing any
technical information and in particular
any indication of its function.
Patents – National Procedure
For a Patent to be granted
there is a need of:
1. Novelty
new – not already known to the public
before the date on which a patent is
applied for.
Patents – National Procedure
By far the most
common mistake
made by people
new to the world of patents
is to reveal their invention too early.
Patents – National Procedure
If the invention is revealed;
 by word of mouth,
 demonstration,
 advertisement,
 article in a journal
 or any other way,
before applying for a patent,
one is making the invention public.
Patents – National Procedure
If, before applying for a patent,
one feels the need
to talk to someone
(such as a potential
business partner)
one should ask them to sign a confidentiality
agreement before talking to them.
Patents – National Procedure
In order to assess novelty
it is recommended that
a search is carried out in the:
1. National patent database
2. esp@cenet
3. Google® Patents
Patents – National Procedure
For a Patent to be granted
there is a need of:
2. Inventive step
inventive – not an obvious
modification of what is already known
(Prior Art)
Patents – National Procedure
Prior art means everything which, before:
a. the filing date or,
b. (where priority is claimed), before
the priority date of the application
claiming the invention;
was available to the public in a written or
other graphic form, by an oral description, by
use or in any other way anywhere in the
world.
Patents – National Procedure
For a Patent to be granted
there is a need of:
3. Industrial applicability
capable of industrial application,
that is,
can be made or used in industry.
Patents – The Application
Applicant:
Any natural person or legal entity,
alone or jointly with another.
Patents – The Application
A request for a patent is made by filing a
written application accompanied with:
1. Specification
i. Title of the invention,
ii. Description,
iii. Claims,
iv. Abstract, and
v. Drawings.
Patents – The Application
2. Priority document if applicable
3. Power of attorney if applicable
The application shall:
1. be drafted in the prescribed languages
(Maltese or English)
2. designate the inventor or inventors
Payment of prescribed fee
Patents – The Filing Date
The filing date of an application shall be
the date of receipt by the Office if:
a. the application contains an express or
implicit indication that the granting of a
patent is sought;
b. it includes indications allowing the identity
of the applicant to be established;
c. it contains a description of the invention for
which a patent is applied for.
Patents – The Filing Date
In case any of the
aforementioned is missing,
a certain amount of time (2 months)
is given to the applicant to fulfil these
requirements otherwise
the application shall be treated
as if it had not been filed.
Patents – Amendment of Application
Correction of an application can be done
but cannot increase claims or introduce new
material
Withdrawal of application can be done at
any time
Patents – Grant and Publication
Publication is done after 18 months
from the filing date.
Publication consists of:
i. the fact that the patent has been
granted,
ii. the details pertaining to the patent.
Patents - Protection
The protection of a Patent
is granted for
a maximum of 20 years
as long as the
renewal fees are paid.
Patents – List of Fees
Before the
expiration of the
In respect of the
Fee in €
2nd year
3rd year
34.94
3rd year
4th year
46.59
4th year
5th year
58.23
5th year
6th year
69.88
6th year
7th year
81.53
7th year
8th year
93.17
8th year
9th year
104.82
9th year
10th year
116.46
10th year
11th year
128.12
11th year
12th year
139.76
12th year
13th year
151.41
13th year
14th year
163.06
14th year
15th year
174.70
15th year
16th year
186.35
16th year
17th year
198.00
17th year
18th year
209.64
18th year
19th year
221.29
19th year
20th year
232.94
An increase of
€ 11.65
difference in the fee
each year
Patents - Protection
If a patent owner
cannot afford to manufacture
and / or market the invention himself,
s/he can license the rights of the patent
to a company or another individual
who can.
Patents - Protection
Once a patent expires the protection ends,
and an invention enters the public domain
and becomes available for commercial use
and exploitation by others.
Supplemantary Protection Certificate
Since 2002 it has been possible to register SPC’s
for Medicinal Products and Plant Protection
Products.
Legal Notice 260 / 2002
Supplementary Protection Certificate
on Plant Protection Products
Legal Notice 261 / 2002
Supplementary Protection Certificate
on Medicinal Products
Supplemantary Protection Certificate
A SPC shall be granted if on the date of the
application:
a. the product is protected by a patent;
b. an authorisation to place the product on
the market as a medicinal product has
been granted and is in force;
c. the said authorisation is the first
authorisation to place the product on the
market as a medicinal product; and
d. the product has not already been granted
a certificate.
Supplemantary Protection Certificate
The duration of a maximum of 5 years shall
commence at the expiry of the term of the
patent, and
is equal to the period elapsed between the first
day of the sixth year following the date of the
application for a patent and the date of the first
authorisation to place the product on the
market in Malta or in any other country with
which the Government of Malta has reciprocal
or international agreements on SPC’s.
Patents
For protection overseas, you need to
apply:
• to patent offices in individual countries or
• you can get patent protection in most
European countries by filing an application
under the European Patent Convention
(EPC), or
• through the international patent system,
known as the Patent Co-operation Treaty
(PCT).
CONTACT INFORMATION
Commerce Department
Industrial Property
Registrations Directorate
Lascaris – Valletta



25690 306
25690 338
ipoffice@gov.mt