PCT Applicant's Guide Malta - Valid as from 25 Apr 2024

Applicable as from 25 April 2024

(published on 26 April 2024)

Summary of latest changes in this version
GENERAL INFO: Payment methods
RO: Electronic filing, Incorporation by reference

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Jan 2024, Current Version

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: Industrial Property Registrations Directorate, Commerce Department (Malta)

List of currencies used in this document:

EUR (Euro)

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

Article 64(5)
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:

Malta

Two-letter code:

Name of Office:

Industrial Property Registrations Directorate, Commerce Department (Malta)

Location:

Lascaris Bastions
Daħlet Ġnien is-Sultan
Valletta
VLT 1933
Malta

Mailing address:

Same as above

Telephone:

(356) 2569 0100
(356) 2122 6688

E-mail:

ipoffice@gov.mt

Website:

http://commerce.gov.mt/en/Pages/Home.aspx

Facsimile:

None

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

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)?

Yes

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:

EP,

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:

Refer to corresponding National Phase.

Types of protection available via the PCT:

European patents

Payment methods accepted by the Office:

The Office accepts the following methods of payment:
— cash,
— cheques and
— online bank transfer

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

None

Provisional protection after international publication:

Where the designation is made for the purposes of a European patent (refer to European Patent Convention Articles 67, 150 and 158) and:

(1) the international application is published in one of the EPO official languages: this gives the applicant the right to seek compensation reasonable in the circumstances for any infringement; or

(2) the international application is published in a language which is not an EPO official language: then the protection referred to in paragraph (1) does not become effective until the EPO publishes the international application supplied to it in one of its official languages.

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

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

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Malta

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 incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

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

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

Competent International Preliminary Examining Authority:

Fees payable to the RO:

Transmittal fee:

55 EUR

International filing fee:

1,381 EUR

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

Fee per sheet in excess of 30:

16 EUR

Search fee:

Refer to
Annex D(EP)

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

11.65 EUR

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

23.29 EUR

Is an agent required by the receiving Office?

No, if the applicant resides in a State member of the European Union or a State party to the Agreement on the European Economic Area
Yes, if the applicant is a non-resident

Who can act as agent?

Any natural or legal person resident in a State member of the European Union or a State party to the Agreement on the European Economic Area

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

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

Yes

Particular instances in which a separate power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or in case of doubt as to the agent’s entitlement to act.

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

Yes

Particular instances in which a copy of a general power of attorney is required:

Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or in case of doubt as to the agent’s entitlement to act.

National Phase

The Office closed the national route

Refer to National Chapter(EP)

Processing

WIPO - PCT Applicant's Guide MT - Malta
Industrial Property Registrations Directorate, Commerce Department (Malta)