European Patent Convention Regulations, 2007

L.N. 99 of 2007

PATENTS AND DESIGNS ACT

(CAP. 417)

European Patent Convention Regulations, 2007

IN exercise of the powers conferred by article 59 of the Patents

and Designs Act, the Minister for Competitiveness and Communications

has made the following regulations>-

(1) The title of these regulations is the European Patent Title and

commencement.

Convention Regulations, 2007.

(2) These regulations shall be deemed to have come into

force on 1 st March, 2007.

Interpretation.

In these regulations, unless the context otherwise requires -

“the Act” means the Patents and Designs Act, and words and

expressions used in these regulations shall have the same meaning

as is given to them in the Act<

“the Convention” means the Convention on the Grant of

European Patents, done at Munich on 5 th October, 1973 as revised

and done at Munich on 29 th November, 2000<

“European patent” means a patent granted by the European

Patent Office in accordance with the Convention<

“European patent application” means an application for a

European patent filed in accordance with the Convention<

“the Office” means the national office responsible for granting

patents in Malta.

The fees to be paid in respect of any application, registration Fees.

or any other matter under these regulations shall be those prescribed in

the Schedule of Fees to these regulations.

(1) European patents and European patent applications Applicable law.

designating Malta shall be governed by these regulations and by the

Act unless otherwise provided in the Convention.

(2) In the case of conflict between the provisions of the

Convention and those of these regulations or of the Act, the provisions

of the Convention shall prevail.

(1) European patent applications, except divisional

applications, may be filed with the Office in any language admissible

under Article 14 (1) and (2) of the Convention. This is to be accompanied

by the prescribed transmittal fee.

(2) The following, shall require a translation into English

to be filed within one month of filing the European patent application>

(a)

an indication that a European patent is sought<

(b) the information that will enable the applicant to be

identified.

(3) Applicants having their residence or principal place of

business in Malta shall file a European patent application concerning

an invention that may affect the national security of Malta with the

Office< except in cases where priority is claimed from a first filing in

Malta.

(1) A European patent application, designating Malta and

which has been accorded a filing date, shall be equivalent to a regular

national application, where appropriate, with the priority claimed for

the European patent application and whatsoever the outcome of such

application may be.

(2) A published European patent application designating

Malta shall confer the protection conferred under Article 27 by virtue

of Article 28 of this Act as from the date of its publication by the

European Patent Office.

(1) A European patent designating Malta shall, subject to

sub-regulations (2) to (4) hereof, confer from the date of the mention of

its grant by the European Patent Office the same rights as a patent granted

by the Office.

(2) (a) The owner of the patent shall furnish a translation

into English to the Office within the prescribed period as stipulated in

Article 65 (1) of the Convention.

(b) An extension of this period may be applied for and

is to be accompanied by the prescribed fee. The requested extension

shall not exceed two months.

(3) Where, as a result of an opposition procedure before

the European Patent Office, the European patent is maintained as

amended, subregulation (2) above shall mutatis mutandis apply.

(4) In the event of failure to comply with the requirements

laid down in accordance with subregulations (2) or (3) hereof, the

European patent shall be deemed to be void ab initio.

(5) Re-establishment of Rights under Article 46 of the Act

shall apply mutatis mutandis.

(1) Where a translation prescribed under regulation 7 of these Authentic text of

European patents.

regulations confers protection which is narrower than that conferred by

the European patent in the language of the proceedings, such translation

shall be regarded as the authentic text other than for revocation

proceedings.

(2) The owner of the European patent may file a corrected

translation at any time. The corrected translation shall take effect only

after it has been made available to the public by the Office.

(3) Any person who, in good faith, is using or has made

effective and serious preparations for using an invention, the use of

which would not constitute infringement of the patent in the original

translation may, after the corrected translation takes effect, continue

such use in the course of his business or for the needs thereof without

payment.

Annual fees for European patents shall be paid to the Office Annual fees.

for each year following that in which the mention of the grant of the

European patent is published by the European Patent Office.

(1) A European patent application designating Malta may Conversion into a

be converted into a national patent application where the European patent national

application.

application is deemed to be withdrawn pursuant to Article 77(5) of the

Convention or, because the translation of the application under

Article 14(2) of the Convention has not been filed in due time, pursuant

to Article 90(3) of the Convention.

(2) The applicant shall within two (2) months from the date

when the Comptroller invites the applicant to submit the translation

into any one of the official languages of the Office pay the prescribed

fee.

(3) Where the Comptroller decides that a request for a

conversion application is admissible, it shall be treated as an application

for registration of a patent under the Act.

(4) A decision of the Comptroller in relation to a

conversion application shall be treated as a decision of the Comptroller

under the Act.

Where a European patent designating Malta and a national

patent having the same filing date or, where priority has been claimed,

the same priority date, have been granted to the same person or his

successor in title, the national patent shall have no effect to the extent

that it covers the same invention as the European patent as from the

date on which the time-limit for filing an opposition to the European

patent has expired without an opposition having been filed or as from

the date on which the opposition procedure has resulted in a final

decision maintaining the European patent.

Schedule of Fees

Transmittal fee for the filing of a European

Patent ……………………………………………… Lm20 + courier service

charges

Conversion into a national patent application … Lm300

Submission of translated documents in terms

of regulation 5(1)…………….…………………… Lm100

Submission of translation in terms of

regulation 7(2)(b) ………………………………… Lm100

Filing of a corrected translation ……………… Lm 50

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.16 (€0.37)