IP Office Policy Statements
Time-Frames for Compliance
The Maltese IP Office adopted the following policy with effect from 1 June 2004:
Official correspondence which require a reply and/ or the submission of documents will be given a sixty (60) days time frame from date of letter for compliance.
Such letters will include the actions which will be taken by the Office if the requirement are not submitted within this stipulated time frame.
A request for an extension of this time frame by a further sixty (60) days may be submitted with a payment of the official fee.
We advice our associates and clients to communicate with us should there be difficulty in obtaining such evidence or carrying out such action within the time-frame provided. Our IP Unit will then take the necessary action and communicate with the IP Department on the matter.
Patent Registration Update
Publication of Grant
The Maltese IP Office adopted the following policy with immediate effect:
All the patent applications which are authorised grant will be published in the Government Gazette after the expiration of the eighteen (18) months from filing date or, where priority is claimed, from priority date of the application. Before the expiration of the said period of eighteen (18) months the applicant may present a written request to the Comptroller to publish the application prior to the said period.
As from 15th August 2004, the filing date of an application shall be the date of receipt of the:
- application form and
- description of the invention
If this requirement is not fulfilled the applicant will be given the opportunity to submit the missing document within thirty (30) days or the application will be considered as if it was not filed. If the applicant complies, the date of filing will be the date of receipts of the missing document.
As from 1st September 2004 in order to comply with the formal requirements of a patent application which contains missing documents, the prescribed fee will be required.