1. Patentable Inventions

An invention shall be patentable if it is novel, involves an inventive step and is industrially applicable.

2. What may not be patented?

discoveries, scientific theories and mathematical methods;
aesthetic creations;

schemes, rules and methods for performing mental acts, playing
games or doing business and programs for computers;

presentations of information

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;

an invention the exploitation of which would be contrary to public order or morality.

3. Requirements of application

An application for a patent shall be made in duplicate and shall be accompanied by a list of necessary documentation. Please contact us for further details.

4. Disclosure of the invention

The application shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the area.

5. Inspection of Files

After a patent application or the patent granted thereon has been published, any person may inspect the files of the application.

6. Rights of Priority

The application may contain a declaration claiming priority pursuant to the Paris Convention for the Protection of Industrial Property, of one or more earlier national, regional or international applications filed by the applicant or his predecessor in title in or for any State party to the said Convention or the World Trade Organisation or for any State with which Malta has made an international arrangement for mutual protection of inventions.

7. Examination and Grant or Refusal

Following an examination of the application, an applicant shall be given the opportunity to amend the application in order to comply with the requirements. Failing such amendments, the Comptroller may refuse the application.

8. Terms of Patents

The term of a patent shall be 20 years from the filing date of the application. The maintenance of a patent shall be subject to the payment of the prescribed fee in respect of the third year and each subsequent year thereafter.