PCT Applicant's Guide Malawi EQE - Valid as from 31 Oct 2024

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Ministry of Justice, Department of the Registrar General (Malawi)

MPA: Patents Act of Malawi

MPR: Patent Regulations of Malawi

MPT: Patents Tribunal Rules

List of currencies used in this document:

MWK (Malawian kwacha), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Malawi

Two-letter code:

Name of Office:

Ministry of Justice, Department of the Registrar General (Malawi)

Location:

Blantyre
Malawi

Mailing address:

P.O. Box 100
Blantyre
Malawi

Telephone:

(265) 62 43 55
(265) 62 44 56
(265) 62 46 68
(265) 62 47 95

E-mail:

None

Website:

None

Facsimile:

(265) 62 16 86

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes,

within 14 days from the date of the transmission

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

AP,

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: MW

ARIPO protection: AP

Types of protection available via the PCT:

National:

Patents,

Patents of addition

ARIPO:

Patents,

Utility models (a utility model may be sought instead of or in addition to an ARIPO patent)

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

For an ARIPO patent

Refer to Annex B(AP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Malawi

Language in which international applications may be filed:

English

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Information not yet available

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

Competent International Preliminary Examining Authority:

Fees payable to the RO:

Transmittal fee:

6,000 MWK

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,457 USD

Fee per sheet in excess of 30:

16 USD

Search fee:

Refer to
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

None

Is an agent required by the receiving Office?

Yes

Who can act as agent?

Any person registered as patent agent before the Office

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

English

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Fee for lodging complete specification

500 MWK

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Declaration concerning the inventor where the applicant is not the inventor

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent

Verified translation of priority document into English

If the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable.

Who can act as agent?

Any person registered as a patent attorney or attorney at law before the Ministry of Justice of Malawi

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

MW.01 FORM FOR ENTERING THE NATIONAL PHASE

The national application form for lodging a complete specification (Patents Form No. 6) may be used for entering the national phase, but its use is not required (therefore, this form is not reproduced in an Annex).

MW.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003). For the applicable procedure, refer to paragraph MW.10(i).

MW.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex MW.I.

MW.04 ADDRESS FOR SERVICE

MPR Rules 78, MPR Rules 79, MPR Rules 82(2)
An applicant, irrespective of whether or not he is a national of or a resident in Malawi, is not required to be represented by an agent, but he is required to have an address for service (of notices and other communications) in Malawi. If an agent in Malawi is appointed to represent the applicant for the entry into the national phase, a written authorization is not required, though the agent must be prepared to prove his authority to act if called upon to do so by the Office.

MW.05 DECLARATION CONCERNING THE INVENTOR

MPA Sec. 12(3)
Where the applicant is not the inventor, he must furnish a declaration that he believes that the person indicated as inventor is the inventor and that he owns the invention in respect of Malawi. This must be done in writing (there is no special form for it) and signed by the applicant or his agent. Legalization is not required.

MW.06 PRIORITY DOCUMENT (VERIFICATION OF TRANSLATION)

MPR Rule 7
To verify the translation into English of a priority document, the translator must declare that he believes the translation is true and complete.

MW.07 ADVERTISEMENT OF ACCEPTANCE

MPA Sec. 21(2)
The applicant must, upon receipt of a notice from the Office that the international application has been accepted (notice of acceptance), advertise the acceptance in the Journal of the Office. Such advertisement must be approved by the Registrar of the Office. To advertise the acceptance the applicant must send the approved advertisement to the Government Printer, P.O. Box 37, Zomba, Malawi, together with a fee for publication of advertisement (refer to Annex MW.I).

MW.08 REQUEST FOR SEALING; TIME LIMIT

MPA Sec. 25, MPR Rule 33
If after the acceptance of the international application there is no opposition to the grant of a patent or, if in the event of an opposition, the final determination is in favor of the grant of a patent, the applicant must make a request for the sealing of a patent to the Office. Such request must be made on Patents Form No. 15 (refer to Annex MW.II), together with the payment of the fee indicated in Annex MW.I. The request for the sealing of the patent must be made not later than 22 months after the international filing date or, where the time limit under PCT Article 39(1) applies, not later than 32 months from the international filing date.

MW.09 RENEWAL FEES

MPA Sec. 32, MPR Rules 37, MPR Rules 38, MPR Rules 39
After a patent has been granted (sealed), the applicant must pay a renewal fee for each year after the expiration of the third year counted from the international filing date; payment must be made within six months from the date of sealing by lodging Patents Form No. 19 (refer to Annex MW.III). Payment for any succeeding year may be made in advance but not later than by the expiration of that year. The Office may at its discretion grant an extension of time not exceeding six months from the expiration of the year for which the renewal fee is due. An application for extension of time shall be made on Patents Form No. 20 and is subject to the payment of a fee for extension of the period for payment of renewal fees. For the amounts of fees, refer to Annex MW.I.

MW.10 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, MPA Sec. 43, MPR Rules 54, MPR Rules 55, MPR Rules 56
The following modifications to the description, claims and drawings may be made by the applicant:

(i) at any time, correction of clerical errors, omissions or obvious mistakes; such corrections must be made on Patents Form No. 42 (refer to Annex MW.VI) together with the payment of the related fee (refer to Annex MW.I);

(ii) until the acceptance of the application, amendments, provided that the scope of the subject matter of the application is not broadened thereby; such amendments must be made on Patents Form No. 30 (refer to Annex MW.IV) together with the payment of the related fee (refer to Annex MW.I);

(iii) after the acceptance of the application, amendments, but only if they are by way of disclaimer, correction or explanation and provided that the scope of the subject matter of the application is not broadened thereby; such amendments must be made on Patents Form No. 31 (refer to Annex MW.V) together with the payment of the related fee (refer to Annex MW.I).

All modifications must be accompanied by a copy certified by the applicant or his agent of those sheets on which the proposed amendment appears, clearly showing in red ink the amendment sought.

MW.11 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, MPA Sec. 73, MPA Sec. 80, MPT Rule 3
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged on Form P.T. No. 1 with the Registrar of the Patents Tribunal within three months from the date of the decision. On every appeal the related fee indicated in Annex MW.I must be paid within the same time limit.

MW.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Restoration of rights may be requested where the applicant has failed to observe a time limit during the international phase or before the Office. A request to waive the requirement which was not observed is also possible. Any such request must state the reasons for missing the time limit or for the failure to observe the requirement and must be accompanied by evidence by affidavit in support of the statements made. Where the restoration of a lapsed patent is requested, application must be made on Patents Form No. 22 together with the payment of the related fee (refer to Annex MW.I).

Annexes

Annex MW.I - Fees

Patent Form No. 6

Fee for lodging complete specification

500 MWK

Patent Form No. 15

On request for sealing of a patent

250 MWK

Patent Form No. 19

Renewal fees:

One-half only of the fees is payable on patents endorsed “Licences of Right”.

— for the 4^th to the 6^th year, per year

165 MWK

— for the 7^th to the 9^th year, per year

180 MWK

— for the 10^th year

200 MWK

— for the 11^th year

200 MWK

— for the 12^th year

250 MWK

— for the 13^th year

250 MWK

— for the 14^th year

300 MWK

— for the 15^th year

350 MWK

— for the 16^th year

400 MWK

Patent Form No. 20

On application for extension of the period of time for payment of renewal fee:

— not exceeding one month

150 MWK

— not exceeding two months

200 MWK

— not exceeding six months

250 MWK

Patent Form No. 22

On application for restoration of lapsed patent

— if made within one year of lapsing

500 MWK

— if made after one year of lapsing

550 MWK

Fee for publication of advertisement

150 MWK

Patent Form No. 30

On application for amendment of a specification not yet accepted

100 MWK

Patent Form No. 31

On application for amendment after acceptance

— up to sealing, by applicant

150 MWK

— after sealing, by patentee

180 MWK

Patent Form No. 42

On request for correction of clerical error

50 MWK

Patent Tribunal No. 1

Notice of appeal to Patents Tribunal

50 MWK

How can payment of fees be effected?

The payment of fees has to be effected in Malawian kwacha. All payments must be made together with the filing of the form relating to the fee to be paid and indicate the name of the applicant or patentee, the application number (national, if already known; international, if the national number is not yet known) or the number of the patent and the category of fee being paid

Fees may be paid by any of the following means: in cash at the Office or by check drawn on a Malawian or foreign bank