B 1075
L.N. 99 of 2007 PATENTS AND DESIGNS ACT
(CAP. 417) European Patent Convention Regulations, 2007
IN exercise of the powers conferred by article 59 of the Patents
and Designs Act, the Minister for Competitiveness and Communications
has made the following regulations>
1. (1) The title of these regulations is the European Patent Convention Regulations, 2007.
(2) These regulations shall be deemed to have come into force on 1st March, 2007.
2. In these regulations, unless the context otherwise requires
“the Act” means the Patents and Designs Act, and words and expressions used in these regulations shall have the same meaning as is given to them in the Act<
“the Convention” means the Convention on the Grant of European Patents, done at Munich on 5th October, 1973 as revised and done at Munich on 29th November, 2000<
“European patent” means a patent granted by the European Patent Office in accordance with the Convention<
“European patent application” means an application for a European patent filed in accordance with the Convention<
“the Office” means the national office responsible for granting patents in Malta. Title and commencement.
Interpretation.
Fees.
Applicable law.
Filing of European patent applications.
Effects of a European patent application.
Effects of a European patent.
(2) In the case of conflict between the provisions of the Convention and those of these regulations or of the Act, the provisions of the Convention shall prevail.
5. (1) European patent applications, except divisional applications, may be filed with the Office in any language admissible under Article 14 (1) and (2) of the Convention. This is to be accompanied by the prescribed transmittal fee. 6. (1) A European patent application, designating Malta and which has been accorded a filing date, shall be equivalent to a regular national application, where appropriate, with the priority claimed for the European patent application and whatsoever the outcome of such application may be.
(2) A published European patent application designating Malta shall confer the protection conferred under Article 27 by virtue of Article 28 of this Act as from the date of its publication by the European Patent Office.
7. (1) A European patent designating Malta shall, subject to sub-regulations (2) to (4) hereof, confer from the date of the mention of its grant by the European Patent Office the same rights as a patent granted by the Office. B 1077 8. (1) Where a translation prescribed under regulation 7 of these regulations confers protection which is narrower than that conferred by the European patent in the language of the proceedings, such translation shall be regarded as the authentic text other than for revocation proceedings. (2) The applicant shall within two (2) months from the date when the Comptroller invites the applicant to submit the translation into any one of the official languages of the Office pay the prescribed fee.
Authentic text of European patents.
Annual fees.
Conversion into a national patent application.
B 1078
Simultaneous protection. 11. Where a European patent designating Malta and a national patent having the same filing date or, where priority has been claimed, the same priority date, have been granted to the same person or his successor in title, the national patent shall have no effect to the extent that it covers the same invention as the European patent as from the date on which the time-limit for filing an opposition to the European patent has expired without an opposition having been filed or as from the date on which the opposition procedure has resulted in a final decision maintaining the European patent. Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press Prezz#Price Lm0.16 (€0.37)
B 1076
Schedule of Fees (Regulation 3) Transmittal fee for the filing of a European Patent ……………………………………………… Lm20 + courier service charges Conversion into a national patent application … Lm300 Submission of translated documents in terms of regulation 5(1)…………….…………………… Lm100 Submission of translation in terms of regulation 7(2)(b) ………………………………… Lm100 Filing of a corrected translation ……………… Lm 50