PCT Applicant's Guide 马拉维 - Valid as from 2026年1月1日

适用起自 2026年1月1日

(发布 2025年11月13日)

此版本最新变更汇总
RO: RO fees
变更明细列表

[MT] 有用信息

[MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。

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

[MT] 本文档中使用的缩写列表 :

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

MPA: Patents Act of Malawi

MPR: Patent Regulations of Malawi

MPT: Patents Tribunal Rules

[MT] 本文档中使用的货币列表 :

MWK (马拉维克瓦查), USD (美元)

[MT] 国家和办事处信息 :

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.

[MT] 办公室概况

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

[MT] PCT保留、声明、通知和不相容

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

[MT] 办公室关闭日期

The Office is closed weekly on Saturday and Sunday

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

[MT] 国际阶段

[MT] 附件B - 关于缔约国或政府间组织的资料

[MT] 缔约国：

马拉维

[MT] 两个字母代码 :

[MT] 办公室名称:

司法部注册总署（马拉维）

[MT] 地点：

Blantyre
Malawi

[MT] 邮寄地址 :

P.O. Box 100
Blantyre
Malawi

[MT] 电话：

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

[MT] 电子邮件：

None

[MT] 网站地图

None

[MT] 传真：

(265) 62 16 86

[MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?

Yes, by facsimile

[MT] 哪些类型的文件可以通过这种方式传送?

All kinds of documents

[MT] 是否在所有情况下都必须提供文件原件?

是的,

within 14 days from the date of the transmission

[MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?

不

[MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?

More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.

不

[MT] 由本国国民或居民提交的国际申请的主管接收局:

AP,

IB,

[MT] 国家立法是否限制向外国局提交国际申请?

Refer to the Office

[MT] 为本国指定的主管(或选定的)办事处:

National protection: MW

ARIPO protection: AP

[MT] 通过PCT 提供的保护类型:

National:

Patents,

Patents of addition

ARIPO:

Patents,

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

[MT] 办公室接受的付款方式:

Refer to the Office

[MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :

None

[MT] 国际公布后的临时保护 :

None

[MT] 如果该缔约国被指定(或选举 ), 则有关信息

[MT] 国家保护

[MT] 发明人姓名和地址必须提供的时间:

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.

[MT] 是否有关于微生物和其他生物材料的存放的特别规定？

不

[MT] 申请专利

Refer to Annex B(AP)

[MT] 附件C -- -- 接收办公室

[MT] 主管接收办公室为国民和居民:

马拉维

[MT] 国际申请可用语言提交:

English

[MT] 请求书可用语言提交:

English

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

[MT] 接收局是否接受以电子形式提交国际申请?

Information not yet available

[MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?

是的

[MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?

Refer to the Office

[MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?

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

[MT] 国际主管查询机关 :

[MT] 国际初步审查主管机关 :

Fees payable to the RO:

[MT] 传输费用 :

6,000 MWK

[MT] 国际申请费:

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

1,667 USD

[MT] 超过30张的每张费用:

19 USD

[MT] 搜索费用:

Refer to
Annex D(EP)

[MT] 优先权文件费 (PCT规则17.1(b ) ) :

None

[MT] 接受局是否要求代理人?

是的

[MT] 谁可以担任代理人?

Any person registered as patent agent before the Office

[MT] 委托书的放弃:

[MT] 办公室是否已放弃提交单独授权书的要求?

Refer to the Office

[MT] 办公室是否已放弃提交一般授权书副本的要求?

Refer to the Office

[MT] 全国阶段

[MT] 进入国家阶段的要求概要

[MT] 进入国家阶段的适用时间限制:

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

[MT] 专利局是否允许恢复权利(PCT规则49.6 )?

是的

[MT] 国际申请必须翻译成以下语言之一:

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

English

[MT] 进入国家阶段的翻译必须具备以下内容:

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)

[MT] 在特殊情况下是否需要国际申请副本?

不

[MT] 局是否根据其国家法律接受彩色图纸?

Refer to the Office

[MT] 国家费用 :

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

[MT] 住宿费用完整规格

500 MWK

[MT] 免除、减少或退还费用:

None

[MT] 局的特殊要求(PCT规则51之二 ) :

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.

[MT] 谁可以担任代理人?

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

[MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?

是的

[MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?

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

[MT] 国家阶段的程序

[MT] MW.01 进入国家阶段的表格

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).

[MT] 翻译(修正)

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).

[MT] MW.03 费用(支付方式)

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

[MT] MW.04 服务地址

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.

[MT] 关于发明人的声明

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.

[MT] MW.06 优先权文件(翻译核证 )

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.

[MT] 接受的通知

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).

[MT] MW.08 密封请求;时限

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.

[MT] MW.09 续展费

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.

[MT] MW.10 申请书的修改;时限

PCT 条约 28,

PCT 条约 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.

[MT] 根据《专利法》第25条进行复审

PCT 条约 25,

PCT 细则 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.

[MT] MW.12 会议时间限制延误的理由

PCT 条约 24(2),

PCT 条约 48(2),

PCT 细则 82bis

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).

[MT] 附件 1

[MT] 附件MW.I - 收费

[MT] 专利表格6

[MT] 住宿费用完整规格

500 MWK

[MT] 专利表格15

[MT] 关于申请封存专利的申请

250 MWK

[MT] 专利表格19

[MT] 续期费用 :

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

[MT] — 对于第 4 至第 6 年, 每年

165 MWK

[MT] — 对于第7年至第9年, 每年

180 MWK

[MT] －第十年

200 MWK

[MT] 为第11年

200 MWK

[MT] 12年的

250 MWK

[MT] 为第13年

250 MWK

[MT] 为第14年

300 MWK

[MT] －第15年

350 MWK

[MT] 为第16年

400 MWK

[MT] 专利表格20

[MT] 申请延长支付续展费期限的:

[MT] 不超过一个月

150 MWK

[MT] 不超过两个月

200 MWK

[MT] 不超过六个月

250 MWK

[MT] 专利表格22

[MT] 关于申请恢复失效专利的问题

[MT] 如在过期一年内提出

500 MWK

[MT] 如在过期一年后提出

550 MWK

[MT] 发布广告的费用

150 MWK

[MT] 专利表格30

[MT] 关于尚未接受的规格的修改申请

100 MWK

[MT] 专利表格31

[MT] 关于接受后的修正申请

[MT] — 至封条, 由申请人

150 MWK

[MT] — 密封后, 由专利持有人

180 MWK

[MT] 第42章无奈

[MT] 要求更正文书错误

50 MWK

[MT] 第一专利法院

[MT] 向专利法庭提出上诉的通知

50 MWK

[MT] 如何支付费用?

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

[MT] 表格

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex MW.II - Request for the sealing of a patent (Patents Form No 15)

Annex MW.III - Payment of renewal fee (Patents Form No 19)

Annex MW.IV - Application for amendment of specification not yet accepted (Patents Form No 30)

Annex MW.V - Application for amendment after acceptance (Patents Form No 31)

Annex MW.VI - Request for correction of clerical error (Patents Form No 42)