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WIPO - PCT Applicant's Guide MW - Malawi
Ministry of Justice, Department of the Registrar General (Malawi)

    参考情報

    PCT 出願人の手引は、国際事務局が受領する情報に基づきほぼ毎週更新される。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    略語のリスト
    Office: Ministry of Justice, Department of the Registrar General (Malawi)
    MPA: Patents Act of Malawi
    MPR: Patent Regulations of Malawi
    MPT: Patents Tribunal Rules
    通貨のリスト
    MWK (Malawian kwacha), USD (US dollar)
    国及び官庁に関する情報
    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.
    官庁プロファイル
    For more technical information about the Office, refer to ePCT Office profile.
    PCT 留保、申立て、通知及び不適合
    The Office does not have any reservations, declarations, notifications or incompatibilities.
    Refer to the full list.
    官庁の閉庁日
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    国際段階

    附属書 B - 一般情報

    締約国
    Malawi
    2 文字コード
    MW
    官庁の名称
    Ministry of Justice, Department of the Registrar General (Malawi)
    所在地
    Blantyre
    Malawi
    郵便のあて名
    P.O. Box 100
    Blantyre
    Malawi
    電話番号
    (265) 62 43 55
    (265) 62 44 56
    (265) 62 46 68
    (265) 62 47 95
    電子メール
    なし
    ウェブサイト
    なし
    ファクシミリ
    (265) 62 16 86
    国内官庁はファクシミリ又は同様の手段による書類の提出を受理するか?(PCT 規則 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?
    はい,
    within 14 days from the date of the transmission
    郵政当局以外の配達サービスを利用した場合に亡失又は遅延があったとき書類を発送したことの証拠を受理するか?(PCT 規則 82.1)
    いいえ
    出願人が WIPO DAS から優先権書類を取得できるようにする用意があるか?(規則 17.1 (bの 2))
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    いいえ
    当該国の国民又は居住者による国際出願のための管轄受理官庁
    AP,
    IB,
    MW
    国内法令は、外国官庁への国際出願を制限しているか?
    Refer to the Office
    当該国の管轄指定 (又は選択) 官庁
    National protection: MW
    ARIPO protection: AP
    PCT に基づき取得可能な保護の種類
    National:
    Patents,
    Patents of addition

    ARIPO:
    Patents,
    Utility models (a utility model may be sought instead of or in addition to an ARIPO patent)
    当該官庁が認める手数料の支払方法
    Refer to the Office
    国際型調査に関する国内法令の規定 (PCT 第 15 条)
    なし
    国際公開に基づく仮保護
    なし
    当該官庁が指定 (又は選択) 官庁である場合の参考情報
    国内保護について
    発明者の氏名 (名称) 及びあて名を提示しなければならない時期
    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.
    微生物及びその他の生物材料の寄託に関する特別の規定が設けられているか?
    いいえ
    ARIPO 特許については
    Refer to Annex B(AP)

    附属書 C - 受理官庁

    次の各国の国民及び居住者の管轄受理官庁
    Malawi
    国際出願の作成に用いることができる言語
    English
    Language in which the request may be filed:
    English
    Number of copies required by the receiving Office if the international application is filed on paper:
    3
    受理官庁は電子形式による国際出願を認めるか?
    Information not yet available
    受理官庁は引用による補充を認めるか?(PCT 規則 20.6)
    はい
    受理官庁は非公式ベースでカラー図面の提出を認め、それを国際事務局に送付するか?
    Refer to the Office
    受理官庁は優先権の回復請求を認めるか?(PCT 規則 26 の 2.3)
    Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
    管轄国際調査機関
    EP
    管轄国際予備審査機関
    EP
    Fees payable to the RO:
    送付手数料
    6,000 MWK
    国際出願手数料
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,667 USD
    30 枚を超える 1 枚ごとの手数料
    19 USD
    調査手数料
    Refer to
    Annex D(EP)
    優先権書類の手数料 (PCT 規則 17.1 (b))
    None
    受理官庁は代理人を要求するか?
    はい
    誰が代理人として行為できるか?
    Any person registered as patent agent before the Office
    委任状の提出要件の放棄
    Has the Office waived the requirement that a separate power of attorney be submitted?
    Refer to the Office
    受理官庁は、包括委任状の写しを提出する要件を放棄しているか?
    Refer to the Office

    国内段階

    国内段階移行するための要件の概要

    国内段階移行するための期間
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    国内官庁は権利回復を認めるか?(PCT 規則 49.6)
    はい
    要求される国際出願の翻訳文の言語
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    English
    要求される翻訳文
    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)
    特別な状況において国際出願の写しが要求されるか?
    いいえ
    国内官庁は国内法に基づきカラー図面を認めるか?
    Refer to the Office
    国内手数料
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    Fee for lodging complete specification
    500 MWK
    国内手数料の免除、減額又は払戻し
    なし
    国内官庁の特別の要件 (PCT 規則 51 の 2)
    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
    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.
    Appointment of an agent
    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.
    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.
    誰が代理人として行為できるか?
    Any person registered as a patent attorney or attorney at law before the Ministry of Justice of Malawi
    国内官庁は受理官庁による優先権回復の効果を認めるか?(PCT 規則 49 の 3.1)
    はい
    国内官庁は優先権の回復請求を認めるか?(PCT 規則 49 の 3.2)
    Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

    国内段階の手続

    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 NP 6.002 and NP 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 第28条,
    PCT 第41条,
    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 第25条,
    PCT 規則51,
    MPA Sec. 73,
    MPA Sec. 80,
    MPT Rule 3

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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 第24条(2),
    PCT 第48条(2)(a),

    Reference is made to paragraphs NP 6.022 to NP 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).

    附属書

    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 4th to the 6th year, per year
    165 MWK
    — for the 7th to the 9th year, per year
    180 MWK
    — for the 10th year
    200 MWK
    — for the 11th year
    200 MWK
    — for the 12th year
    250 MWK
    — for the 13th year
    250 MWK
    — for the 14th year
    300 MWK
    — for the 15th year
    350 MWK
    — for the 16th 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
    手数料の支払方法
    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
    Current version applicable from 2026年1月1日 , printed on 2026年2月14日