INDUSTRIAL PROPERTY (PROTECTION) ORDINANCE
CHAPTER 29
To amend and consolidate the laws relating to patents and to make provision relating to designs and models of manufacture, trade marks and manufacture and trade descriptions.
(1st January, 1900) *
Enacted by ORDINANCE XI of 1899, as amended by Ordinances: XVI of 1903, VII of 1907; Act II of 1928; Ordinances: III of 1934, XXXI of 1937, VIII of 1939, XL of 1940; Acts: XX of 1948, IX of 1952; Ordinances: XVI and XIX of 1960; Legal Notices: 2 of 1963, 46 of 1965; Acts: IV and XXXI of 1966, VI of 1967, VII of 1970, LVIII of 1974; Legal Notice 148 of 1975; Acts: XXII of 1976, XI of 1977, IX of 1982, XIII of 1983, XI of 1986; Legal Notices: 29 of 1986, 34 of 1988; Acts: VIII of 1990, XXIV of 1993 and XIX of 1997; and Legal Notices 108 of 1997 and 140 of 1998.
ARRANGEMENT OF ORDINANCE
Sections Short title............................................................................................................... 1
Part I Patents.................................................................................................................. 2–64
Title I Rights of Inventors........................................................................................ 2–6
Title II Formalities relating to the Grant of Patents ............................................... 7–35
Title III Patents of Addition ................................................................................. 36–37
Title IV Assignment of Patents............................................................................ 38–42
Title V Nullity and Annulment of Patents ........................................................... 43–56
Title VI Restoration of Patents............................................................................. 57–64
Part II Designs and Models of Manufacture ............................................................... 65–79 Part III Trade Marks.................................................................................................. 80–103 Part IV Infringement of Patents, of Copyright in Designs and Models of Manufacture, and of Trade
Marks, and Actions relating thereto ........................................................................ 104–128
Title I Civil Actions ......................................................................................... 104–111
Title II Criminal Actions.................................................................................. 112–128
Part V Register of Patents, Designs and Models of Manufacture and Trade Marks 129–144
* See old sec. 143 of the Ordinance.
Part VI Special and Transitory Provisions .............................................................. 145–149
FORMS
SCHEDULES OF FEES
Short title.
1. This Ordinance may be cited as the Industrial Property (Protection) Ordinance.
PART I
PATENTS
Title I
RIGHTS OF INVENTORS
Patent for new industrial invention or discovery.
2. (1) The author of a new industrial invention or discovery shall have the exclusive right of working the same for his own profit, during the time, within the limits and under the conditions prescribed in this Ordinance.
(2) This exclusive right constitutes a patent.
What constitutes a new invention or discovery.
3. (1) The following shall be deemed to be new inventions or discoveries:
(a)
the invention of a new industrial process or result;
(b)
the invention of new methods, or the new application of known methods, for obtaining an industrial result or process.
(2) Every modification of an invention or discovery, for which a patent is still in force, gives a claim to a further patent, without prejudice to the patent existing in respect of the original invention.
Inventions or discoveries which are not patentable.
4. The following are not patentable:
(a)
inventions or discoveries relating to trades which are contrary to law, morals, or public safety;
(b)
inventions or discoveries the subject whereof is not the production of corporeal substances;
(c)
inventions or discoveries which are purely theoretical;
(d)
schemes and combinations relating to credit or finance.
International arrangements with other countries for the mutual protection of inventions. Amended by: VII.1907.1; XI.1977.2.
5. (1) Any person who has applied for the protection of an invention in any country with which Malta has made an arrangement for mutual protection of inventions, shall be entitled to a patent for his invention in Malta under this Ordinance, in priority to other applicants:
Provided that
(a)
the application for a patent in Malta is made within twelve months from the date of his application for protection in such country;
(b)
nothing in this section contained shall entitle the patentee to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification.
(2)
The publication in Malta, during the period aforesaid, of any description of the invention, or the use of the invention in Malta during such period, shall not invalidate the patent which may be granted for the invention.
(3)
The application for the grant of a patent under this section must be made in the same manner as an ordinary application under this Ordinance:
Provided that an application under this section shall be accompanied by a complete specification.
Countries with which an arrangement has been made. Substituted by: XI.1977.2.
6. The Minister responsible for trade, with the concurrence of the Minister responsible for foreign affairs, may by order specify the countries with which any arrangement as is referred to in section 5 has been made.
Title II
FORMALITIES RELATING TO THE GRANT OF PATENTS
Application for patent to whom made. Amended by: IV.1966.2.
7. Any person desiring to obtain a patent shall present an application in writing at the office of the Comptroller of Industrial Property, designs and models of manufacture, trade marks, and manufacture and trade descriptions, who in this Ordinance shall be referred to as the Comptroller.
Contents of application.
8. Any such application shall be filed by the inventor or his special attorney, and must contain -
(a)
the name, surname, nationality, and place of residence of the applicant and of his attorney, if any;
(b)