PATENTS REGULATIONS

SUBSIDIARY LEGISLATION 417.01

PATENTS REGULATIONS

1st June, 2002

LEGAL NOTICE 117 of 2002, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Patents Regulations.

Substituted by

L.N. 426 of 2007.

(On Instruments for the Registration of Patents)

1. Filing fee for a patent application (Article 13(3))

2. Grant of a patent (Article 24(1))

3. On a request for withdrawal of the application (Article 20(3))

4. On a request for a correction or addition of a priority claim or the

restoration of priority rights (Article 22(4) and Regulation 10(1)-(4))

5. Claims fee, where patent application contains more than 10 claims

(Article 16, Regulation 11)

6. On request for application to be treated as a divisional application

(Article 19, Regulation 16)

For every other request for the application to be treated as a

divisional application made at the same time

7. Search or inspection fee (per application or patent document) (Article

21, Regulation 19(1))

8. For copies of File documents - per page (Regulation 19(3))

9. For any certificate issued by the Comptroller (Regulation 19(4))

10. On a request to amend the application in order to fulfil the formal

requirements (Article 23, Regulation 21)

11. Maintenance fees (Article 26(2), Regulation 24)

before the expiration of the 2nd year from the filing date, in

respect of the 3rd year

before the expiration of the 3rd year from the filing date, in

respect of the 4th year

before the expiration of the 4th year from the filing date, in

respect of the 5th year

before the expiration of the 5th year from the filing date, in

respect of the 6th year

before the expiration of the 6th year from the filing date, in

respect of the 7th year

before the expiration of the 7th year from the filing date, in

respect of the 8th year

before the expiration of the 8th year from the filing date, in

respect of the 9th year

before the expiration of the 9th year from the filing date, in

respect of the 10th year

before the expiration of the 10th year from the filing date, in

respect of the 11th year

before the expiration of the 11th year from the filing date, in

respect of the 12th year

before the expiration of the 12th year from the filing date, in

respect of the 13th year

before the expiration of the 13th year from the filing date, in

respect of the 14th year

before the expiration of the 14th year from the filing date, in

respect of the 15th year

before the expiration of the 15th year from the filing date, in

respect of the 16th year

before the expiration of the 16th year from the filing date, in

respect of the 17th year

before the expiration of the 17th year from the filing date, in

respect of the 18th year

before the expiration of the 18th year from the filing date, in

respect of the 19th year

before the expiration of the 19th year from the filing date, in

respect of the 20th year

12. Surcharge, where maintenance fee is paid

within 1 month from due date

within 2 months from due date

within 3 months from due date

within 4 months from due date

within 5 months from due date

within 6 months from due date

(Article 26(3), Regulation 24(5))

13. For any extract from the register (Regulation 25(3))

14. On a request to amend the patent specifications ((Article 41(1),

Regulation 27(1))

15. On opposition to the amendment of specification (Regulation 27(2))

16. On a request for an extension of a time limit, fixed for an action in a

procedure before the Office, in respect of an application or a patent,

by two months from the date of the expiration of the unextended time

limit. (Regulation 32(1))

17. On a request for a reinstatement of rights as a consequence of failure

to comply with a time limit fixed for an action in a procedure before

the Office (Article 46(1) Regulation 32(2))

18. On a request for a registration of a

change of name, each

change of address, each

(Regulation 34)

19. On a request for a registration of a change in applicant or owner (i.e.

by assignment, merger, court order, etc)

for every other application or patent being transferred at the same

time (Article 31(2), Regulation 35)

20. On request for a registration of a licence or for the cancellation of the

registration of a licence

for every other application or patent being licensed at the same time

or for every other cancellation of a licence made at the same time

(Article 35(3), Regulation 36)

21. On request for correction of a mistake in the application, patent or

a n y s u c h r e q u e s t c o m m u n i c a t e d t o t h e O ff i c e a n d w h i c h i s

correctable by the Office (Regulation 37)

In these regulations, "the Act" means the Patents and

Designs Act, and the words and expressions used shall have the

same meaning as is given to them in the Act, and reference to

Office or Industrial Property Office within the Act or regulations

made thereunder shall be construed as the Office responsible for

registering patents.

The prescribed forms are those issued or considered

acceptable by the Office.

The fees to be paid in respect of any application,

registration or any other matter under the Act and these rules shall

be those prescribed in the Schedule of Fees to these regulations.

Any communication made under this Act may be in the

English or Maltese language which are to be considered as the

official languages of the Office.

6.(1) (a) Where the Comptroller finds that, at the time of receipt

of an application, the requirements referred to in

article 14 of the Act have not been fulfilled, he shall

invite the applicant to comply with any requirement

that has not been satisfied within sixty working days

from the date of the invitation.

(b) Where an invitation under article 14(2)(a) of the Act

has not been made because indications allowing the

identity of the applicant to be established by the Office

have not been filed, that application shall be deemed to

have not been filed.

Provided that the condition in this subregulation shall not

apply if the requirements referred to in article 14(1) of the Act have

been satisfied within sixty days from the date on which one or more

of the other requirements were satisfied.

(2) Where the description refers to drawings which are not

included in the application, the Comptroller shall invite the

applicant to furnish the missing drawing within sixty working days

from the date of the invitation

Provided that where -

(a) it is not possible to issue such an invitation because

indications showing the identity of the applicant have

not been filed; or

(b) the missing drawings are not submitted within sixty

days from the first date on which the amendments

referred to in article 14(1) of the Act were received,

the filing date shall be the date of the receipt of the application and

any reference to the drawings shall be deemed as not having been

made.

(3)

(a) Where the missing drawing is filed with the Office

within the sixty working day period, that drawing shall

be included in the application, and, subject to

paragraph (b), the filing date shall be the date on which

the Office has received that part of that drawing.

(b) Where the missing part of the missing drawing is filed

under paragraph (a) to rectify its omission from an

application which, at the date on which one or more

elements referred to in article 14(1) of the Act were

first received by the Office, claims the priority of an

earlier application, the filing date shall, provided that

the filing date shall be accorded, upon the request of

the applicant filed within sixty days from the date

when the applicant has been invited to do so by the

Office under article 14(2) of the Act or where no such

invitation has been made within sixty days from the

date on which one or more elements referred to in

article 14(1) of the Act were first received by the

Office, be the date on which all the requirements

prescribed by article 14(1) and (3) of the Act are

complied with

Provided further that subject to regulation 20(2) -

(i)

a copy of the earlier application shall be filed

within the time limit applicable under paragraph

(a) or (b);

(ii) a copy of the earlier application, and the date of

filing of the earlier application, certified as

correct by the Office with which the earlier

application was filed, shall be filed upon

invitation by the Office, within four months

from the date of that invitation, or the time limit

applicable under regulation 20(1), whichever

expires earlier;

(iii) where the earlier application is not in one of the

official languages of the Office, a translation of

the earlier application shall be filed within the

time limit applicable under paragraph (a) or (b);

(iv) the missing part of the description or missing

drawing shall be completely contained in the

earlier application;

(v) the application, at the date on which one or more

elements referred to in article 14(1) of the Act

were first received by the Office, contained an

indication that the contents of the earlier

application were incorporated by reference in

the application;

(vi) an indication shall be filed within the time limit

applicable under paragraph (a) or (b) as to

where, in the earlier application or in the

translation referred to in subparagraph (iii), the

missing part of the description or the missing

drawing is contained.

If any of the descriptions referred to in article 14(1)(c) of

the Act or any text contained in any drawings is in a language other

than the official languages of the Office, a translation thereof in

one of the official languages shall be deposited at the Office within

sixty days from the filing of the description or the text in question.

(1) Where the application refers to biologically

reproducible material which cannot be disclosed in the application

in such a way as to enable the invention to be carried out by a

person skilled in the art, and such material is not available to the

public, the application shall be supplemented by a deposit of such

material with an international authority which has acquired such

status as provided in Article 7 of the Budapest Treaty.

(2) The Budapest Treaty means the International Recognition

of the Deposit of Micro-Organisms for the Purpose of Patent

Procedure, done at Budapest in 1977.

(3) The name of the authority and the accessing number of the

deposit must be given in the specification of the application.

(4) The deposit referred to in the preceding subregulations

must take place no later than the date of the filing of the

application.

(1) The claims shall define the matter for which protection

is sought in terms of the technical features of the invention.

Wherever appropriate, claims shall contain

(a) a statement indicating the designation of the subject-

matter of the invention and those technical features

which are necessary for the definition of the claimed

subject-matter but which, in combination, are part of

the prior art;

(b) a characterizing portion - preceded by the expression

"characterized in that" or "characterized by" - stating

the technical features stated in the paragraph (a), it is

desired to protect.

(2) Subject to article 18 of the Act a patent application may

contain two or more independent claims in the same category

(product, process, apparatus or use) where it is not appropriate,

having regard to the subject-matter of the application, to cover this

subject-matter by a single claim.

(3) Any claim stating the essential features of an invention may

be followed by one or more claims concerning particular

embodiments of that invention.

(4) Any claim which includes all the features of any other

claim (dependent claim) shall contain, if possible at the beginning,

a reference to the other claim and then state the additional features

which it is desired to protect. A dependent claim shall also be

admissible where the claim it directly refers to, is itself a dependent

claim. All dependent claims referring back to a single previous

claim, and all referring back to several previous claims, shall be

grouped together to the extent and in the most appropriate way

possible.

(5) The number of the claims shall be reasonable in

consideration of the nature of the invention claimed. If there are

several claims, they shall be numbered consecutively in Arabic

numerals.

(6) Claims shall not, except where absolutely necessary, rely, in

respect of the technical features of the invention, on references to

the description or drawings. In particular, they shall not rely on

such references as: "as described in part ... of the description", or

"as illustrated in figure... of the drawings".

Article 18 of the Act shall be construed that it is permitted

in particular that one and the same patent application may include

(a) in addition to an independent claim for a product, an

independent claim for a process specially adapted for

the manufacture of the product, and an independent

claim for a use of the product; or

(b) in addition to an independent claim for an apparatus or

means specifically designed for carrying out the

process; or

(c) in addition to an independent claim for a product, an

independent claim for a process specially adapted for

the manufacture of the product, and an independent

claim for an apparatus or means specifically designed

for carrying out the process.

(1) Any patent application comprising more than ten

claims at the time of the filing shall, in respect of each claim over

and above that number, incur payment of a claims fee. The claims

fee shall be payable within one month after filing of the

application.

(2) If the claims fee for any claim is not paid in due time, the

claim concerned shall be deemed to be abandoned.

(1) The term specifications shall be taken to mean the title

of the invention, the description and the claims and drawings, in

that order.

(2) The title shall be short and indicate the matter to which the

invention relates.

(3) The description shall include a list briefly describing the

figures in the drawings, if any.

(1) Drawings forming part of an application for a patent

shall be on sheets the usable surface area of which shall not exceed

(1) L-astratt g]andu jibda billi jkun hemm titolu g]all-

invenzjoni.

(2) L-astratt g]andu jkun fih sommarju kon`i\ tal-materja li

jkun hemm fl-ispe`ifikazzjonijiet. Is-sommarju g]andu jkun

jindika l-kamp tekniku li dik l-invenzjoni tkun tappartjeni g]alih u

jkun abbozzat b’tali mod li jkun jippermetti fehim `ar tal-problema

teknika li dik l-invenzjoni tkun tirrigwarda, il-qofol tas-soluzzjoni

g ] a l di k i l - p ro b l e m a k i f j o ]r o [ m i l l - in v e n z j o ni u k u l l u \ u

prin`ipali ta’ l-invenzjoni. Meta jkun hekk adatt, l-astratt g]andu

jkun fih ukoll l-formula kimika, fost dawk li jkun hemm fl-

ispe`ifikazzjoni, tkun turi bl-a]jar mod xi tkun l-invenzjoni. Ma

g]andux ikun fiha dikjarazzjonijiet dwar il-merti jew valuri allegati

ta’ l-invenzjonihjew dwar l-applikazzjoni spekulattiva tag]ha.

(3) L-astratt ma g]andux normalment ikollu iktar minn 150

kelma.

(4) Jekk l-ispe`ifikazzjoni ikun fiha xi disinji, l-applikant

g]andu jindika fuq l-astratt il-figura jew, e``ezzjonalment, il-figura

tad-disinji li jissu[[erixxi li g]andhom isie]bu l-astratt meta dan

ji[i ppubblikat. Il-Kontrollur jista’ jidde`iedi li jippubblika xi

f i g u r a w a] d a o ] r a j ew a k t a r j e k k h u w a j q i s l i d a w n i k u n u

jikkarraterizzaw a]jar dik l-invenzjoni. Kull element prin`ipali

msemmi fl-astratt u muri b]ala disinn g]andu jkun segwit bis-sinjal

ta’ referenza u\at f’dak id-disinn.

(5) L-astratt g]andu jkun hekk abbozzat li jkun jikkostitwixxi

strument effi`jenti g]all-finijiet ta’ ri`erka u b’mod partikolari billi

jkun possibbli li ji[i valutat jekk ikunx hemm il-]tie[a li ji[u

konsultati l-ispe`ifikazzjonijiet.

(1) Id-dokumenti kollha (inklu\i d-disinji) li jkunu

jiffurmaw applikazzjoni g]al privattiva jew jissostitwixxu dawk id-

dokumenti g]andhom ikunu bl-ilsien Ingli\.

(2) G]and]om ji[u ppre\entati \ew[ ori[inali ta’

l-

ispe`ifikazzjoni, l-astratt u kull folja li tid]ol minflokhom.

(3) Id-dokumenti kollha msemmija fis-subregolament (1)

g]andhom ji[u hekk ippre\entati b’mod li tkun tista’ ssir

riproduzzjoni diretta minn fuqhom b’ritratt fotografiku, pro`essi

elettrostati`i, photo-offset u microfilming, f’g]add mhux limitat ta’

kopji. Il-folji kollha g]andhom ikunu ]ielsa minn kull ksur, tinja u

tikmixa. G]andha tintu\a na]a wa]da biss tal-folja, ]lief fil-ka\ ta’

talba g]all-]ru[ ta’ privattiva.

(4) Id-dokumenti msemmija fis-subregolament (1) g]andhom

isiru fuq karta A4 (29.7`m x 21`m) li g]andha tkun tista’ tiltewa’,

b’sah]itha, bajda, lixxa, matta u re\istenti. Kull folja (minbarra d-

disinji) g]andha tintu\a bil-partijiet il-qosra tag]ha fuq in-na]a ta’

fuq u ta’ isfel (fil-posizzjoni tag]ha wieqfa).

(5) It-talba g]all-]ru[ ta’ privattiva u d-deskrizzjoni, talbiet,

disinji u astratt g]andhom dejjem ikunu jibdew fuq folja [dida. Il-

folji g]andhom ikunu illegati b’tali mod li jkunu jistg]u fa`ilment

jinqalbu, ji[u separati u jer[g]u jitwa]]lu flimkien.

(6) Bla ]sara g]ar-regolament 13(1), l-inqas mar[ni g]andhom

ikunu kif [ej

Fil-wi``

2.0 `m

Fuq ix-xellug

2.5 `m

Fuq il-lemin

2.0 `m

Isfel nett

2.0 `m.

(7) Il-mar[ni tad-dokumenti li jkunu jag]mlu parti mill-

applikazzjoni, u tad-dokurnenti sostituttivi, g]andhom ikunu

g]alkollox vojta.

(8)

Fl-applikazzjoni, ]lief fid-disinji -

(a) il-folji kollha tat-talba g]andhom ikunu enumerati

b’mod konsekuttiv; u

(b) il-folji l-o]ra kollha g]andhom ikunu enumerati b’mod

konsekuttiv b]ala serje separata; u

(`) kull tali enumerazzjoni g]andha tkun b’numri bl-

iskritt G]arbi li jkunu jidhru fin-na]a ta’ fuq tal-folja,

fin-nofs, imma mhux fil-mar[ni ta’ fuq.

(9) Kull folja bid-disinji li jkun hemm fl-applikazzjoni

g]andha tkun enumerata b’mod konsekuttiv b]ala serje separata.

Dik l-enumerazzjoni g]andha tkun b’numri bl-iskritt G]arbi li

jkunu jidhru fin-na]a ta’ fuq tal-folja, fin-nofs, imma mhux fil-

mar[ni ta’ fuq.

(10) Kull dokument (li ma jkunx disinn) imsemmi fis-

subregolamenti ta’ ]awn qabel g]andu jkun ittajpjat jew stampat

b’kulur skur u li ma jit]assarx bi spazju lineari ta’ mill-anqas linja -

1 u b’karattri li l-ittri kapitali tag]hom ma jkunux inqas minn

0.21`m g]oljin.

(11) It-talba g]all-]ru[ ta’ privattiva, d-deskrizzjoni, t-talbiet u

l-astratt ma g]andux ikun fihom disinji. Id-deskrizzjoni, t-talbiet u

l-astratt jista’ jkun fihom formuli kimi`i jew matemati`i. Id-

deskrizzjoni u l-astratt jista’ jkun fihom tabelli. It-talbiet jista’ jkun

fihom tabelli biss jekk il-materja tag]hom inkwistjoni tkun tag]mel

l-u\u tat-tabelli wie]ed mixtieq.

(12) Fid-dokumenti kollha msemmija fis-subregolament (1), l-

unitajiet tal-pi\ u l-qies g]andhom jitfissru skond is-sistema

metrika. Jekk tintu\a sistema differenti, dawn g]andhom ukoll

jitfissru skond is-sistema metrika. Temperaturi jitfissru fi gradi

Celsius. Dwar valuri fi\i`i o]ra, g]andhom jintu\aw l-unitajiet

mag]rufa fil-prattika internazzjonali, g]al formuli maternati`i is-

simboli li jintu\aw b'mod [enerali, u g]al formuli matemati`i,

g]andhom jintu\aw dawk il-pi\ijiet atomi`i u formuli molekulari li

jkunu l-iktar jintu\aw b’mod [enerali. {eneralment, g]andu jsir

u\u minn fra\ijiet, sinjali u simboli tekni`i [eneralrnent a``ettati

fil-qasam inkwistjoni.

(13) Jekk tintu\a xi formula jew simbolu fil-kopja ta’ l-

ispe`ifikazzjoni relattiva, li tkun im]ejjija bl-istess mod b]ad-

disinji, din g]andha ti[i pprovduta jekk il-Kontrollur hekk jordna.

(14) It-terminologija u s-sinjali g]andhom ikunu konsistenti fl-

applikazzjoni kollha kemm hi.

(15) Id-dokumenti kollha msemmija fis-subregolament (1)

g]andhom ikunu ra[onevolment ]ielsa minn kull t]assir u tibdiliet

o]ra, sovraskrizzjonijiet u interlineazzjonijiet u g]andhom, f’kull

ka\, ikunu le[ibbli.

Applikant li jkun jixtieq applikazzjoni ti[i ttrattata b]ala

applikazzjoni divi\orja g]andu jindika

(a) li jkun jixtieq li l-applikazzjoni ti[i hekk trattata;

(b) n-numru u data tal-pre\entata ta’ l-applikazzjoni li

minnha tinqasam l-applikazzjoni.

(1) Inkartamenti dwar applikazzjonijiet g]al privattivi, li

jkunu g]adhom ma [ewx ippubblikati, ma g]andhomx ikunu

disponibbli g]all-ispezzjon ming]ajr il-kunsens ta’ l-applikant.

(2) Kull min jista’ j[ib prova li l-applikant ikun invoka d-

drittijiet ta]t l-applikazzjoni g]al privattiva kontrih jista’ jing]ata

li jispezzjona l-inkartamenti qabel il-pubblikazzjoni ta’ dik l-

applikazzjoni u ming]ajr il-kunsens ta’ l-applikant.

(3) Meta ti[i ppubblikata applikazzjoni divi\orja, kull min irid

jista’ jing]ata li jispezzjona l-inkartamenti qabel il-pubblikazzjoni

iktar bikrija u dan qabel ma dik l-applikazzjoni ti[i ppubblikata u

ming]ajr il-kunsens ta’ l-applikant.

(4) Wara l-pubblikazzjoni ta’ l-applikazzjoni g]al privattiva, l-

inkartamenti dwar l-applikazzjoni u l-privattiva li tirri\ulta

m i n n h o m t i s t a ’ t i [ i s p e z z j o n a t a f u q t a l b a , b l a ] s a r a g ] a r-

restrizzjonijiet stipulati f’dawn ir-regolamenti.

Dawn il-partijiet ta’ l-inkartament li [ejjin g]andhom

ikunu esklu\i minn kull spezzjon

(a) abbozzi ta’ de`i\jonijiet u opinjonijiet, u kull

dokument ie]or, li jintu\a g]at-t]ejjija ta’ de`i\jonijiet

u opinjonijiet, li ma jkunux komunikati lill-partijiet;

(b) it-tismijiet ta’ l-inventur jekk dan ikun irrinunzja g]at-

titolu tieg]u b]ala inventur;

(`) kull dokument ie]or esklu\ mill-Kontrollur milli ji[i

spezzjonat g]aliex spezzjoni b]al dik ma tkunx skond

l-g]an li tg]arraf lill-pubbliku bl-applikazzjoni g]al

privattiva jew bil-privattiva li tirri\ulta.

(1) L-ispezzjon ta’ l-inkartamenti ta’ applikazzjonijiet

g]al privattivi u ta’ privattivi g]andha tkun tad-dokumenti ori[inali

jew ta’ kopji tag]hom. Din g]andha ssir bla ]sara g]all-]las ta’ xi

dritt amministrattiv.

(2) L-ispezzjon g]andha ssir fejn ikun jinsab il-post ta’ l-

Uffi``ju.

(3) Meta dan jintalab, l-ispezzjon ta’ l-inkartamenti g]andu jsir

permezz tal-]ru[ ta’ kopji ta’ dokumenti mill-inkartament. Dawk

il-kopji jing]ataw wara li jsir il-]las dovut.

(4) L-Uffi``ju g]andu jo]ro[, meta dan jintalab jag]mel hekk,

kopji awtentikati ta’ l-applikazzjoni g]al privattiva wara li jsir il-

]las ta’ dritt amministrattiv.

(1) Kopja ta’ l-applikazzjoni iktar bikrija msemmija fl-

artikolu 22(2) ta’ l-Att g]andha ti[i ppre\entata fl-Uffi``ju fi

\mien sittax-il xahar mid-data tal-pre\entata ta’ dik l-applikazzjoni

iktar bikrija jew, meta jkun hemm iktar minn tali applikazzjoni

iktar bikrija wa]da, mid-data ta’ pre\entata li ti[i l-aktar iktar

bikrija minn dawk l-applikazzjonijiet l-iktar bikrija u dik il-kopja u

d-data tal-pre\entata ta’ l-applikazzjoni iktar bikrija g]andhom

i k u n u v a l i d a t i b ] a l a k o r r e t t i m i l l - U ff i ` ` j u l i f i h t k u n [ i e t

ippre\entata l-applikazzjoni iktar bikrija.

(2) Ma jkunx, madankollu, me]tie[ li dik il-kopja awtentikata

ta’ l-applikazzjoni iktar bikrija u l-validazzjoni tad-data tal-

pre\entata ji[u ppre\entati fl-Uffi``ju fejn l-applikazzjoni iktar

bikrija jew l-applikazzjoni li tkun [iet ippre\entata qabel, kienu

[ew ippre\entati f’dan l-Uffi``ju, jew fejn ikunu disponibbli f’dan

l-Uffi``ju minn xi librerija di[itali li tkun a``ettata mill-Uffi``ju

g]al dak l-g]an.

(3) Meta l-applikazzjoni iktar bikrija ma tkunx f’xi wie]ed

mill-ilsna uffi`jali ta’ l-Uffi``ju u l-validità tat-talba g]al prijorità

tkun relevanti g]ad-determinazzjoni ta’ jekk l-invenzjoni

inkwistjoni tkunx tista’ ting]ata privattiva dwarha, g]andha ti[i

ppre\entata mill-applikant traduzzjoni ta’ l-applikazzjoni iktar

bikrija msemmija fil-subregolament (1), fuq stedina mill-Uffi``ju

fi \mien xahrejn mid-data ta’ dik l-istedina jew sittax-il xahar mid-

data tal-pre\entata ta’ dik l-applikazzjoni iktar bikrija, skond liema

tiskadi l-aktar tard.

(4) Meta l-Uffi``ju jkun jirri\ultalu skond l-artikolu 22(4) ta’ l-

Att li l-]ti[iet ta]t l-artikolu 22 ta’ l-Att jew ta]t dan ir-regolament

ma jkunux twettqu, dan g]andu jistieden lill-applikant jippre\enta

l-korrezzjoni me]tie[a fi \mien xahrejn minn din l-istedina.

(5) Meta stedina b]al dik ma tkunx saret, madankollu, g]aliex

ma jkunux [ew ippre\entati indikazzjonijiet li jkunu jippermettu

lill-applikant ji[i kkuntattjat mill-Uffi``ju, it-terminu ta’ \mien

g]all-pre\entata ta’ dik il-korrezzjoni g]andu jkun ta’ tliet xhur

mid-data meta xi wie]ed jew aktar mill-elementi msemmija fl-

artikolu 14(1) ta’ l-Att jkunu [ew ri`evuti g]all-ewwel darba mill-

Uffi``ju.

(6) Referenza li ssir mal-pre\entata ta’ applikazzjoni f’xi

wie]ed mill-ilsna uffi`jali ta’ l-Uffi``ju g]al xi applikazzjoni li

tkun [iet ippre\entata qabel mill-applikant innifsu jew mill-

prede`essur jew mis-su``essur fit-titolu g]andha, g]all-finijiet tad-

data tal-pre\entata ta’ l-applikazzjoni, tissostitwixxi d-deskrizzjoni

u d-disinji

I\da

(a) din ir-referenza g]andha tkun tindika li, g]all-finijiet

tad-data tal-pre\entata, d-deskrizzjoni u d-disinji ji[u

sostitwiti b’referenza g]al applikazzjoni li tkun [iet

ippre\entata qabel u g]andha wkoll tindika n-numru

ta’ dik l-applikazzjoni, u l-Uffi``ju fejn tkun [iet

ippre\entata dik l-applikazzjoni, kif ukoll id-data tal-

pre\entata ta’ l-applikazzjoni li tkun [iet ippre\entata

qabel; u

(b) bla ]sara g]as-subregolament (2), kopja awtentikata

ta’ l-applikazzjoni u, meta l-applikazzjoni li tkun [iet

ippre\entata qabel ma tkunx f’xi wie]ed mill-ilsna

uffi`jali ta’ l-Uffi``ju, traduzzjoni ta’ dik l-

applikazzjoni li tkun [iet ippre\entata qabel,

g]andhom ji[u ppre\entati fl-Uffi``ju fi \mien erba’

xhur mid-data meta tkun [iet ri`evuta l-applikazzjoni

li jkun fiha r-referenza mill-Uffi``ju.

Jekk meta l-Kontrollur jirreferi applikazzjoni lil xi

e\aminatur, l-e\aminatur jirrapporta lill-Kontrollur li ma jkunux

[ew im]arsa l-]ti[iet kollha, l-applikant g]andu jing]ata

opportunità li jag]mel l-osservazzjonijiet tieg]u fuq ir-rapport u li

jemenda l-applikazzjoni fi \mien sittin [urnata biex hekk

jikkonforma ru]u ma’ dawk il-]ti[iet, u jekk l-applikant jonqos

milli jag]mel dawk l-emendi l-Kontrollur jista’ ma jilqax l-

applikazzjoni.

(1) Kemm jista’ jkun malajr wara li tittie]ed id-de`i\joni

li ting]ata privattiva l-Kontrollur g]andu jippubblika avvi\ li jkun

jg]id dan fil-Gazzetta tal-Gvern jew f ’xi pubblikazzjoni uffi`jali

o]ra li l-Kontrollur jista’ jippreskrivi.

(2) Flimkien ma’ l-avvi\ hawn qabel imsemmi u fl-istess

pubblikazzjoni l-Kontrollur g]andu jippubblika d-dettalji tal-

proprjetarju u (jekk dan ikun differenti) l-inventur, it-titolu, l-

astratt u kull ]a[a o]ra li tikkostitwixxi jew li tkun tirrigwarda l-

privattiva li l-Kontrollur fil-fehma tieg]u jkun irid jippubblika.

(1) Il-pubblikazzjoni ta’ l-applikazzjoni g]andha ssir fil-

Gazzetta tal-Gvern jew f ’xi pubblikazzjoni uffi`jali o]ra li l-

Kontrollur jista’ jippreskrivi.

(2) Il-pubblikazzjoni ta’ l-applikazzjoni g]andha tinkludi d-

dettalji tal-proprjetarju u (jekk dan ikun differenti) l-inventur, it-

titolu, l-astratt u kull ]a[a o]ra li tikkostitwixxi jew li tkun

tirrigwarda l-privattiva li l-Kontrollur fil-fehma tieg]u jkun irid

jippubblika.

(3) {aladarba l-applikazzjoni jew, fil-ka\ ta’ l-artikolu 25(1)

ta’ l-Att, privattiva ti[i ppubblikata, l-ispe`ifikazzjoni g]andha

tkun disponibbli g]all-pubbliku.

(1) Jekk ikun me]tie[ li privattiva tibqa’ fis-se]] g]al

\mien sena o]ra wara li tiskadi t-tieni sena jew xi sena li ti[i wara

mid-data tal-pre\entata, g]andha ti[i ppre\entata applikazzjoni

g]al dik il-privattiva kif stabbilita skond l-artikolu 14 ta’ l-Att fit-

talba dwar is-sena li ti[i minnufih wara, u d-dritt preskritt g]at-

ti[did im]allas, fit-tliet xhur li jtemmu bir-raba’ anniversarju jew,

skond il-ka\, l-anniversarju li ji[i wara tad-data meta ssir il-

pre\entata

I\da, meta privattiva ting]ata fit-tliet xhur li jtemmu bir-

raba’ anniversarju jew l-anniversarju li ji[i wara kif ji[i hekk

stabbilit jew f’xi \mien wara dan, tista’ ti[i ppre\entata talba dwar

il-]ames sena jew is-sena li ti[i wara u d-dritt g]at-ti[did preskritt

im]allas mhux iktar minn tliet xhur qabel ma tiskadi ir-raba’ sena

jew is-sena relevanti li ti[i wara imma qabel ma jiskadu tliet xhur

mid-data meta ting]ata l-privattiva.

(2) Malli jir`ievi d-dritt g]at-ti[did preskritt, il-Kontrollur

g]andu (jekk il-privattiva ting]ata) jo]ro[ `ertifikat li jkun sar il-

hlas.

(3) Meta l-perjodu g]all-]las ta’ dritt g]al ti[did skond ma

hemm fis-subregolament (1) ikun skada, l-Kontrollur g]andu,

mhux i\jed tard minn sitt [img]at wara l-a]]ar data tal-]las ta]t

dak is-subregolament u jekk id-dritt jibqa’ ma jit]allasx, jing]ata

lill-proprjetarju tal-privattiva avvi\ fejn ifakkru li l-]las ikun ilu

dovut u bil-konsegwenzi li ji[ru jekk dan jibqa’ ma jit]allasx.

(4)

Il-Kontrollur g]andu jibg]at avvi\ ta]t is-subregolament

(3) -

(a) fl-indirizz spe`ifikat mill-proprjetarju malli jsir il-]las

ta’ l-a]]ar dritt g]al ti[did; jew

(b) meta jkun [ie lilu notifikat xi indirizz ie]or g]al dak l-

iskop mill-proprjetarju minn meta jkun sar l-a]]ar

ti[did, dak l-indirizz, u, f’kull ka\ ie]or, l-indirizz fejn

g]andha ssir in-notifika kif ikun imni\\el fir-re[istru.

(5) Talba sabiex jittawwal il-perjodu g]all-]las tad-dritt g]al

ti[did g]andu jkollha mag]ha d-dritt g]al ti[did preskritt u d-dritt

addizzjonali preskritt g]al pagament tardiv.

(1) Ir-re[istru tal-privattivi g]andu jitni\\el fih dan li [ej

(a) in-numru ta’ l-applikazzjoni g]al privattiva;

(b) id-data tal-pre\entata

ta’

l-applikazzjoni

g]al

privattiva;

(`) it-titolu ta’ l-invenzjoni;

(d) il-kodi`i ta’ klassifika mog]ti lill-applikazzjoni g]al

privattiva;

(e) l-isem, l-indirizz u l-Istat fejn tkun tinsab ir-residenza

jew il-post prin`ipali tan-negozju ta’ l-applikant g]al

proprjetarju tal-privattiva;

(f)

l-isem, il-kunjom u l-indirizz ta’ l-inventur imsemmija

mill-applikant g]al privattiva jew mill-proprjetarju tal-

privattiva kemm-il darba ma jkunx irrinunzja g]at-

titolu tieg]u ta’ inventur;

(g) data ta’ prijorità (data, Stat u numru ta’ l-inkartament

ta’ l-applikazzjoni pre`edenti);

(h) fil-ka\ ta’ divi\joni ta’ l-applikazzjoni g]al privattiva,

in-numri ta’ l-applikazzjonijiet divi\orji;

(i)

id-data meta l-applikazzjoni g]al privattiva tkun

rifjutata, irtirata jew meqjusa li tkun [iet irtirata;

(j)

id-data tal-pubblikazzjoni meta jissemma’ li jkun sar

il-]ru[ tal-privattiva;

(k) id-data meta ji[u integrati mill-[did id-drittijiet

sakemm tkun saret re[istrazzjoni skond l-artikolu

46(5) ta’ l-Att.

(2) Il-Kontrollur tal-Proprjetà Industrijali jista’ jidde`iedi li

re[istrazzjonijiet li ma jkunux dawk imsemmija fis-subregolament

(1) g]andhom isiru fir-Re[istru tal-Privattivi.

(3) G]andhom jing]ataw estratti mir-Re[istru meta dawn

jintalbu u hekk kif isir il-]las tad-dritt preskritt.

2cm by 17cm. The sheets shall not contain frames around the

usable surface. The minimum margins shall be as follows

Top

2.5 cm

Left side

2.5 cm

Right side

2.5 cm

Bottom

1.0 cm.

(2)

Drawings shall be executed as follows

(a) without colouring in durable, black, sufficiently dense

and dark, uniformly thick and well-defined lines and

strokes to permit satisfactory reproduction;

(b) cross-sections shall be indicated by hatching which

does not impede the clear reading of the reference

signs and leading lines;

(c) the scale of the drawings and the distinctness of their

graphical execution shall be such that a photographic

reproduction with a linear reduction in size to two-

thirds would enable all details to be distinguished

without difficulty. If as an exception, the scale is given

on a drawing, it shall be represented graphically;

(d) all numbers, letters, and reference signs, appearing on

the drawings shall be simple and clear and brackets,

circles and inverted commas shall not be used in

association with numbers and letters;

(e) elements of the same figure shall be in proportion to

each other, unless a difference in proportion is

indispensable for the clarity of the figure;

(f)

the height of the numbers and letters shall not be less

than 0.32cm and for the lettering of drawings, the

Latin and, where customary, the Greek alphabets shall

be used;

(g) the same sheet of drawings may contain several

figures. Where figures drawn on two or more sheets

intended to form one whole figure, the figures on the

several sheets shall be so arranged that the whole

figure can be assembled without concealing any part of

the partial figures. The different figures shall be

arranged without wasting space, clearly separated

from one another. The different figures shall be

numbered consecutively in Arabic numerals,

independently of the numbering of the sheets;

(h) reference signs not mentioned in the description or

claims shall not appear in the drawings, and vice versa.

The same features, when denoted by reference signs,

shall, throughout the application, be denoted by the

same signs;

(i)

the sheets of the drawings shall be numbered in

accordance with regulation 15(9).

(3) Flow sheets and diagrams shall be considered to be

drawings for the purposes of these regulations.

14. (1) The abstract shall commence with a title for the

invention.

(2) The abstract shall contain a concise summary of the matter

contained in the specifications. The summary shall indicate the

technical field to which the invention belongs and be drafted in a

way which allows a clear understanding of the technical problem to

which the invention relates, the gist of the solution to that problem

through the invention and the principal use or uses of the invention.

Where appropriate, the abstract shall also contain the chemical

formula, which, among those contained in the specification, best

characterizes the invention. It shall not contain statements on the

alleged merits or value of the invention or on its speculative

application.

(3) The abstract shall normally not contain more than 150

words.

(4) If the specification contains any drawings, the applicant

shall indicate on the abstract the figure or, exceptionally, the figure

of the drawings that he suggests should accompany the abstract

when published. The Comptroller may decide to publish one or

more other figures if he considers that they better characterize the

invention. Each main feature mentioned in the abstract and

illustrated by a drawing shall be followed by the reference sign

used in that drawing.

(5) The abstract shall be so drafted that it constitutes an

efficient instrument for the purposes of searching in the particular

by making it possible to assess whether there is a need to consult

the specifications.

15. (1) All documents (including drawings) making up an

application for a patent or replacing such documents shall be in the

English language.

(2) The specification, abstract and any replacement sheet

thereof shall be filed in duplicate.

(3) All documents referred to in subregulation (1) shall be so

presented as to permit of direct reproduction by photograph,

electrostatic processes, photo-offset and microfilming, in an

unlimited number of copies. All sheets shall be free from cracks,

creases and folds. Only one side of the sheet shall be used, except

in the case of a request for the grant of a patent.

(4) All documents referred to in subregulation (1) shall be on

A4 paper (29.7cm X 21cm) which shall be pliable, strong, white,

smooth, matt and durable. Each sheet (other than drawings) shall be

used with its short sides at the top and bottom (upright position).

(5) The request for the grant of a patent and the description,

claims, drawings and abstract shall each commence on a new sheet.

The sheets shall be connected in such way that they can easily be

turned over, separated and joined together again.

(6) Subject to regulation 13(1), the minimum margins shall be

as follows

Top

2.0 cm

Left side

2.5 cm

Right side

2.0 cm

Bottom

2.0 cm

(7) The margins of the documents making up the application

and of any replacement documents must be completely blank.

(8)

In the application, except in the drawings -

(a) all sheets in the

request

shall

be

numbered

consecutively; and

(b) all other sheets shall be numbered consecutively as a

separate series; and

(c) all such numbering shall be in Arabic numerals placed

at the top of the sheet, in the middle, but not in the top

margin.

(9) All sheets of drawings contained in the application shall be

numbered consecutively as a separate series. Such numbering shall

be in Arabic numerals placed at the top of the sheet, in the middle,

but not in the top margin.

(10) Every document (other than drawings) referred to in the

above subregulations shall be typed or printed in dark, indelible

colour in at least 1 - line spacing and in characters of which the

capital letters are not less than 0.21cm high.

(11) The request for the grant of a patent, the description, the

claims and the abstract shall not contain drawings. The description,

the claims and the abstract may contain chemical or mathematical

formulae. The description and the abstract may contain tables. The

claims may contain tables only if their subject matter makes the use

of tables desirable.

(12) In all documents referred to in subregulation (1), units of

weight and measures shall be expressed in terms of the metric

system. If a different system is used they shall also be expressed in

terms of the metric system. Temperatures shall be expressed in

degrees Celsius. For the other physical values, the units recognized

in international practice shall be used, for mathematical formulae

the symbols in general use, and for chemical formulae, atomic

weights and molecular formulae in general use shall be employed.

In general, use should be made of technical terms, signs and

symbols generally accepted in the field in question.

(13) If a formula or symbol is used in the specification a copy

thereof, prepared in the same manner as drawings, shall be

furnished if the Comptroller so directs.

(14) The terminology and the signs shall be consistent

throughout the application.

(15) All documents referred to in subregulation (1) shall be

reasonably free from deletions and other alterations, overwritings

and interlineations and shall, in any event, be legible.

16. An applicant who wishes an application to be treated as a

divisional application must indicate

(a) that he wishes the application to be so treated;

(b) the number and filing date of the application from

which the application is divided.

17. (1) Files relating to patent applications, which have not

yet been published, shall not be made available for inspection

without the consent of the applicant.

(2) Any person who can prove that the applicant has invoked

the rights under the patent application against him may obtain

inspection of the files prior to the publication of that application

and without the consent of the applicant.

(3) Where a divisional application is published, any person

may obtain inspection of the files of the earlier application prior to

the publication of that application and without the consent of the

applicant.

(4) Subsequent to the publication of the patent application, the

files relating to the application and the resulting patent may be

inspected on request, subject to the restrictions laid down in these

regulations.

18. The following parts of the file shall be excluded from

inspection

(a) draft decisions and opinions, and all other documents,

used for the preparation of decisions and opinions,

which are not communicated to the parties;

(b) the designations of the inventor if he has renounced his

title as inventor;

(c) any other document excluded from inspection by the

Comptroller on the ground that such inspection would

not serve the purpose of informing the public about the

patent application or the resulting patent.

19. (1) Inspection of the files of patents applications and of

patents shall be of the original documents or of copies thereof. It

shall be subject to the payment of an administrative fee.

(2) The inspection shall take place on the premises of the

Office.

(3) On request, inspection of the files shall be effected by

means of the issuing of copies of file documents. Such copies shall

incur fees.

(4) The Office shall issue on request certified copies of the

patent application upon payment of an administrative fee.

20. (1) A copy of the earlier application referred to in article

22(2) of the Act must be filed with the Office within sixteen

months from the filing date of that earlier application or, where

there is more than one such earlier application, from the earliest

filing date of those earlier applications and the said copy and the

date of filing of the earlier application must be certified as correct

by the Office with which the earlier application was filed.

(2)

Such a certified copy of the earlier application and the

certification of the filing date need not, however, be filed with the

Office where the earlier application or th e previously filed

application was filed with the Office, or is available to the Office

from a digital library which is accepted by the Office for that

purpose.

(3) Where the earlier application is not in one of the official

languages of the Office and the validity of the priority claim is

relevant to the determination of whether the invention concerned is

patentable, a translation of the earlier application referred to in

subregulation (1) must be filed by the applicant, upon invitation by

the Office within two months from the date of that invitation or

sixteen months from the filing date of that earlier application,

whichever expires later.

(4) Where the Office finds in terms of article 22(4) of the Act

that the requirements under article 22 of the Act or under this

regulation have not been fulfilled, it shall invite the applicant to

file the required correction within two months from this invitation.

(5) Where such an invitation has not been made, however,

because indications allowing the applicant to be contacted by the

Office have not been filed, the time limit for the filing of such

correction shall be three months from the date on which one or

more of the elements referred to in article 14(1) of the Act were

first received by the Office.

(6) A reference made upon the filing of the application in one

of the official languages of the Office to an application previously

filed by the applicant himself or his predecessor or successor in

title shall, for the purposes of the filing date of the application,

replace the description and any drawings

Provided that

(a) this reference shall indicate that, for the purposes of

the filing date, the description and any drawings are

replaced by the reference to the previously filed

application and shall also indicate the number of that

application, and the Office with which that application

was filed, as well as the filing date of the previously

filed application; and

(b) subject to subregulation (2), a certified copy of the

previously filed application and, where the previously

filed application is not in one of the official languages

of the Office, a translation of that previously filed

application, shall be filed with the Office within four

months from the date on which the application

containing the reference was received by the Office.

21. If, when the Comptroller refers an application to an

examiner, the examiner reports to the Comptroller that not all the

formal requirements are complied with, the applicant shall be given

an opportunity to make observations on the report and to amend the

application within sixty days so as to comply with those

requirements, and if the applicant fails to make such amendments

the Comptroller may refuse the application.

22. (1) As soon as possible after the decision to grant patent

the Comptroller shall publish a notification in the Government

Gazette or any other official publication that the Comptroller may

prescribe.

(2) Together with the above notification and in the same

publication the Comptroller shall publish the details of the

proprietor and (if different) the inventor, the title, the abstract and

any other matter constituting or relating to the patent which in the

Comptroller’s opinion it is desirable to publish.

23. (1) The publication of an application shall be made in the

Government Gazette or any other official publication that the

Comptroller may prescribe.

(2) Publication of an application shall include the details of the

proprietor and (if different) the inventor, the title, the abstract and

any other matter constituting or relating to the patent, which in the

Comptroller’s opinion it is desirable to publish.

(3) Once the application or, in the case of article 25(1) of the

Act, a patent is published, the specification will be made available

to the public.

24. (1) If it is desired to keep a patent in force for a further

year after the expiration of the second or any succeeding year from

the date of filing, an application for that patent as determined in

accordance with article 14 of the Act, in respect of the next

succeeding year, shall be filed and the prescribed renewal fee paid

in the three months ending with the fourth or, as the case may be,

succeeding anniversary of the filling date

Provided that, where a patent is granted in the three months

ending with the fourth or any succeeding anniversary as so

determined or at any time thereafter, a request, in respect of the

fifth or succeeding year, may be filed and the prescribed renewal

fee paid not more than three months before the expiration of the

fourth or relevant succeeding year but before the expiration of three

months from the date on which the patent is granted.

(2) On receipt of the prescribed renewal fee, the Comptroller

shall (if the patent is granted) issue a certificate of payment.

(3) Where the period for payment of a renewal fee pursuant to

subregulation (1) has expired, the Comptroller shall, not later than

six weeks after the last date for payment under that subregulation

and if the fee still remains unpaid, send to the proprietor of the

patent a notice reminding him that payment is overdue and of the

consequence of non-payment.

(4)

The Comptroller shall send a notice under subregulation (3)

to -

(a) the address specified by the proprietor on payment of

the last renewal fee; or

(b) where another address has been notified to him for the

purpose by the proprietor since the last renewal, that

address, and, in any other case, the address for service

entered in the register.

(5) A request for extending the period for payment of a renewal

fee shall be accompanied by the prescribed renewal fee and the

prescribed additional fee for late payment.

25. (1) The patents register shall contain the following

entries

(a) number of the patent application;

(b) date of filing of the patent application;

(c) title of the invention;

(d) classification code given to the patent application;

(e) name, surname, address and the State in which the

residence or principal place of business of the

applicant for a proprietor of the patent is located;

(f)

name, surname and address of the inventor designated

by the applicant for or proprietor of the patent unless

he has renounced his title as inventor;

(g) priority data (date, State and file number of the

previous application);

(h) in the event of a division of the patent application, the

numbers of the divisional applications;

(i)

date on which the patent application is refused,

withdrawn or deemed to be withdrawn;

(j)

date of publication of the mention of the grant of the

patent;

(k) date of re-establishment of rights provided that an

entry has been made in accordance with article 46(5)

of the Act.

(2) The Comptroller of Industrial Property may decide that

entries other than those referred to in subregulation (1) shall be

made in the Patents Register.

(3) Extracts from the Register shall be delivered on request on

payment of the prescribed fee.

26. (1) Where the national security or public safety so

requires, the Minister may by notice authorise, even without the

agreement of the proprietor of the patent application, a Government

agency or a person designated in the said notice to make, use or sell

an invention to which a patent or an application for a patent relates,

subject to payment of equitable remuneration to the proprietor of

the patent or to the applicant for the patent.

(2) The notice shall be published in the Government Gazette or

any other official publication as may be prescribed by the Minister

and shall indicate the reason for and extent of exploitation

authorised.

(1) A request to the Comptroller to amend the patent

shall -

(a) clearly identify the proposed amendment and state the

reasons for it,

(b) be advertised by the Comptroller in the official

publication, with the nature of the proposed

amendment.

(2) At any time within sixty days from the date of the

advertisement in the official publication, any person may give

notice to the Comptroller of opposition to the application to amend

the specifications.

(3) Such notice shall be accompanied by a copy thereof and be

supported by a statement in duplicate setting out fully, the facts

upon which the opponent relies and the relief which he seeks. The

Comptroller shall send a copy of the notice and of the statement to

the applicant.

(4) Within the period of sixty days beginning on the date when

such copies are sent to him, the applicant shall, if he wishes to

continue with the application, file a counter-statement in duplicate

setting out fully the grounds upon which the opposition is resisted;

and the Comptroller shall send a copy of the counter-statement to

the opponent.

(5) The Comptroller may give such directions as he may think

fit with regard to the subsequent procedure. In particular if an

agreement is reached within one hundred and eighty days from the

date of the entry into force of the amendment, he may direct that

the issue shall be settled in court.

(6) If the Comptroller does not within thirty days receive notice

from the opponent that court proceedings have been instituted from

when he issued directions in accordance with subregulation (5), the

Comptroller shall proceed with the amendment.

(7) The Comptroller may, if he thinks it fit, require that the

amendment be shown on a copy of the specification of which the

amendment is sought.

(8) Where leave to amend a specification is given, the applicant

shall, if the Comptroller so requires, and within a time to be fixed

by him, file a new specification as amended, which shall be

prepared in accordance with regulations 12, 13 and 15.

(9) The above procedure shall also be followed in the case of

amendments ordered by the Court following invalidity

proceedings; provided that no opposition may be made by the

owner of the patent to any such amendments.

(1) The appointment of an agent under article 61 of the

Act shall be filed with the Office in a separate communication

(hereinafter referred to as a "power of attorney") signed by the

applicant, owner or other interested person and indicating the name

and address of the agent.

(2)

(a) A single power of attorney shall be sufficient even

where it relates to more than one application or patent

of the same person, or to one or more applications and

one or more patents of the same person, provided that

all applications and patents concerned are identified in

the single power of attorney.

(b) A single power of attorney shall also be sufficient even

where it relates, subject to any exception indicated by

the appointing person, to all existing and future

applications or patents of that person.

(c) The Office may require that, where that single power

of attorney is filed on paper or as otherwise permitted

by the Office under regulation 6, a separate copy

thereof be filed for each application and patent to

which it relates.

(3) If a power of attorney is not in one of the official languages

of the Office, it shall be accompanied by a translation.

(4) Where one or more of the requirements prescribed in article

61 of the Act or in this regulation are not complied with, the Office

shall invite the assignee of the application, applicant, owner or

other interested person to comply with any such requirement within

two months from the date of this invitation

Provided that where no invitation has been made because

indications allowing the applicant, owner or other interested person

to be contacted by the Office have not been filed, the time limit for

compliance with such requirement shall be three months from the

date on which the procedure for this invitation was commenced.

(1) The Office shall accept filing of communication on

paper or in electronic form or by electronic means of transmittal

provided that it is in one of the official languages of the Office

Provided further that where the receiving or processing of a

communication on paper, due to its character or its size, is deemed

not practicable, the filing of that communication shall be in another

form or by other means of transmittal.

(2) The original of any document which was transmitted by

tel e g r a p h, te le pr i nt e r, te le fa c s i mi l e or ot he r l ik e m e a n s of

transmittal, shall be filed on paper together with an accompanying

letter identifying that earlier transmission with the Office within

one month from the date of the transmission.

(1) For the purposes of any communication on paper, the

Office shall accept any form of signature, be it handwritten or a

printed or stamped signature, or the use of a seal or of a bar-coded

label provided that it complies with the following requirements

(a) the signature of the natural person who signs shall be

accompanied by an indication in letters of the family

or principal name and the given or secondary name or

names of that person or, at the option of that person, of

the name or names customarily used by the said person

as well as by an indication of the capacity in which

that person signed, where such capacity is not obvious

from reading the communication;

(b) the signature shall be accompanied by an indication of

the date on which the signing was effected, in the

absence of which the date on which the

communication bearing the signature was received by

the Office shall be deemed to be the date on which the

signing is considered to have been effected

Provided further that where the natural person who signs

the communication is a Maltese national and his address is on

Maltese territory, or where the legal entity on behalf of which the

communication is signed is established under Maltese law and has

either a domicile or a real and effective industrial or commercial

establishment on Maltese territory, a seal shall be used instead of a

handwritten signature.

(2) For the purposes of any communication in electronic form

or by electronic means of transmittal, the Office shall consider such

a communication signed if a graphic representation of a signature

that complies with the requirements in subregulation (1) appears on

that communication as received by the Office

Provided that where such a graphic representation of a

signature does not appear on the communication as received by the

Office, the communication shall be signed using a signature in

electronic form.

(1) Any communication shall contain the following

indications

(a) the name and address of the applicant, owner or other

interested person;

(b) the number of the application or patent to which it

relates;

(c) where the applicant, owner or other interested person

is registered with the Office, the number or other

indication under which he is so registered.

(2) In the case of a communication by an agent for the purposes

of a procedure before the Office it shall contain

(a) the name and address of the agent;

(b) a reference to the power of attorney, or other

communication in which the appointment of that agent

is or was effected, on the basis of which the said agent

acts;

(c) where the agent is registered with the Office, the

number or other indication under which he is

registered.

(3) An applicant, owner or other interested person shall

indicate in any communication an address for correspondence as

well as an address for legal service which must be on Maltese

territory

Provided that where no agent is appointed and an applicant,

owner or other interested person has provided, as his address, an

address on Maltese territory, the Office shall consider that address

to be the address for correspondence or the address for legal service

unless that applicant, owner or other interested person expressly

indicates another such address

Provided further that where an agent is appointed, the

address of that agent shall be considered to be the address for

correspondence or the address for legal service, unless that

applicant, owner or other interested person expressly indicates

another such address.

(4) Where one or more of the requirements under

subregulations (1) to (3) are not complied with in respect of

communications, the Office shall invite the applicant, owner or

other interested person, to comply with any such requirement, and

to make observations, within two months from the date of the

invitation

Provided that where an invitation has not been made

because indications allowing the applicant, owner or other

interested person to be contacted by the Office have not been filed,

the time limit for compliance and observations shall be three

months from the date on which the communication was received by

the Office.

(1) Subject to subregulation (3), the Office may extend a

time limit fixed for an action in a procedure before the Office in

respect of an application or a patent by two months from the date of

the expiration of the unextended time limit, if a request to that

effect is made to the Office and filed prior to the expiration of the

time limit and complies with the following requirements

(a) be signed by the applicant or owner;

(b) contain an indication to the effect that extension of a

time limit is requested, and an identification of the

time limit in question.

(2) Subject to subregulation (3) and to article 46 of the Act,

where an applicant or owner has failed to comply with a time limit

fixed for an action in a procedure before the Office in respect of an

application or a patent the Office shall continue to process that

application or patent and, if necessary, the applicant or owner shall

have his rights reinstated with respect to that application or patent,

if

(a) a request to that effect is made to the Office signed by

the applicant or owner containing an indication to the

effect that relief in respect of non-compliance with a

time limit is requested, and an identification of the

time limit in question;

(b) the request is filed, and all of the requirements in

respect of which the time limit for the action

concerned are complied with, within two months after

a notification by the Office that the applicant or owner

did not comply with the time limit fixed by the Office.

(3)

Under subregulations (1) and (2) the Office shall not grant

(a) a second, or any subsequent, relief in respect of a time

limit for which relief has already been granted under

subregulation (1) or (2);

(b) relief for filing a request for relief under subregulation

(1) or (2) or a request for reinstatement under article

46 of the Act;

(c) relief in respect of a time limit for the payment of

maintenance fees;

(d) relief in respect of a time limit referred to in article

22(4) of the Act and regulation 33;

(e) relief in respect of a time limit for an action in inter

partes proceedings.

(4) A fee in accordance with the Schedule shall be payable for

requests under subregulations (1) and (2).

(5) A request under subregulation (1) or (2) may not be refused

without the applicant or owner being given the opportunity to make

observations on the intended refusal within a reasonable time limit.

(1) Correction of a priority claim under article 22(4) of the

Act or addition of a priority claim shall not be accepted by the

Office where the request for such correction or addition is received

after the applicant has made a request for early publication or for

expedited or accelerated processing, unless that request for early

publication or for expedited or accelerated processing is withdrawn

before the technical preparations for publication of the application

have been completed.

(2) No request for the correction of a priority claim under

article 22(4) of the Act or for the addition of a priority claim shall

be accepted by the Office unless it is signed by the applicant and

filed within sixteen months from the priority date or, where the

correction or addition would cause a change in the priority date,

sixteen months from the priority date as so changed, whichever

sixteen month period expires first.

(3) Where an application ("the subsequent application") which

claims or could have claimed the priority of an earlier application

has a filing date which is later than the date on which the priority

period expired, but within two months from the date on which the

priority period expired, the Office shall restore the right of priority,

if

(a) a request to that effect is made to the Office signed by

the applicant and accompanied, where the application

did not claim the priority of the earlier application, by

the priority claim;

(b) the request is filed within two months from the date on

which the priority period expired or the time that any

technical preparations for publication of the

subsequent application have been completed,

whichever expires earlier;

(c) the request states the reasons for the failure to comply

with the priority period;

(d) the Office finds that the failure to file the subsequent

application within the priority period occurred in spite

of due care required by the circumstances having been

taken or was unintentional.

(4) Where a copy of an earlier application requested under

article 22(2) of the Act is not filed with the Office within the time

limit prescribed in regulation 20, the Office shall restore the right

of priority insofar as

(a) a request signed by the applicant to that effect is made

to the Office with an indication of the Office to which

the request for a copy of the earlier application had

been made and the date of that request;

(b) the request is filed within the time limit prescribed in

regulation 20 for filing the copy of the earlier

application;

(c) the Office finds that the request for the copy to be

provided had been filed with the Office with which the

earlier application was filed within two months before

the expiration of the time limit prescribed in regulation

20(1); and

(d) a copy of the earlier application is filed within one

month from the date on which the applicant is

provided with that copy by the Office with which the

earlier application was filed.

(5) A fee in accordance with the Schedule shall be payable for

requests under subregulations (1) to (4).

(6) A request under subregulations (1) to (4) may not be

refused, totally or in part, without the requesting party being given

the opportunity to make observations on the intended refusal within

a reasonable time limit.

(1) Where there is no change in the person of the applicant

or owner but there is a change in his name or address, a request for

registration of the change may be made in a communication signed

by the applicant or owner and containing the following indications

(a) an indication to the effect that registration of a change

in name or address is requested;

(b) the number of the application or patent concerned;

(c) the change to be recorded;

(d) the name and address of the applicant or the owner

prior to the change.

(2) A fee in accordance with the Schedule shall be payable for

requests under subregulation (1).

(3) A single request shall be sufficient even where the change

relates to both the name and address of the applicant or the owner

and even where the change relates to more than one application or

patent of the same person, or to one or more applications and one or

more patents of the same person, provided that the numbers of all

applications and patents concerned are indicated in the request

Provided that where that single request is filed on paper or

as otherwise permitted by the Office under regulation 29, a separate

copy thereof shall be filed for each application and patent to which

it relates.

(4) Where one or more of the requirements under

subregulations (1) to (3) are not complied with, the Office shall

invite the applicant or owner to comply with any such requirement

and to make observations, within two months from the date of the

invitation.

(5) Where one or more of the requirements under

subregulations (1) to (3) are not complied with within two months

from the date of the invitation or, where indications allowing the

Office to contact the person who made the request referred to in

subregulation (1) have not been filed, within three months from the

date on which that request was received by the Office, the request

shall be refused.

(6) Subregulations (1) to (5) shall apply, mutatis mutandis, to

any change in the name or address of the agent, and to any change

relating to the address for correspondence or address for legal

service.

(1) Where there is a change in the person of the applicant

or owner, a request for registration of the change may be made in a

communication signed by the applicant or owner, or by the new

applicant or new owner, containing the following indications

(a) an indication to the effect that a registration of change

in applicant or owner is requested;

(b) the number of the application or patent concerned;

(c) the name and address of the applicant or owner;

(d) the name and address of the new applicant or new

owner;

(e) the date of the change in the person of the applicant or

owner;

(e) the name of a State of which the new applicant or new

owner is a national if he is the national of any State,

the name of a State in which the new applicant or new

owner has his domicile, if any, and the name of a State

in which the new applicant or new owner has a real

and effective industrial or commercial establishment,

if any;

(f)

the basis for the change requested.

(2) Where the change in applicant or owner results from a

contract, the request may be accompanied, at the option of the

requesting party, by one of the following

(a) a copy of the contract, which copy may be certified, at

the option of the requesting party, by a notary public or

any other competent public authority or by an agent

having the right to practise before the Office, as being

in conformity with the original contract;

(b) an extract of the contract showing the change, which

extract may be certified, at the option of the requesting

party, by a notary public or any other competent public

authority or by an agent having the right to practise

before the Office, as being a true extract of the

contract.

(3) Where the change in applicant or owner results from a

merger, or from the reorganization or division of a legal entity, the

request shall be accompanied by a copy of a document from the

R e g i s t r a r o f C o m p a n i e s e v i d e n c i n g t h e m e rg e r, o r t h e

reorganization or division of the legal entity, and any attribution of

rights involved. Such copy may be certified, at the option of the

requesting party, by the authority which issued the document or by

a notary public or any other competent public authority or by an

agent having the right to practise before the Office, as being in

conformity with the original document.

(4) Where the change in applicant or owner does not result

from a contract, a merger, or the reorganization or division of a

legal entity, but results from another ground such as by operation of

law or a court decision, the request shall be accompanied by a copy

of a document evidencing the change, certified as being in

conformity with the original document, at the option of the

requesting party, by the authority which issued the document or by

a notary public or any other competent public authority or by an

agent having the right to practise before the Office.

(5) Where the change is in the person of one or more but not all

of several co-applicants or co-owners, evidence of the consent to

the change of any co-applicant or co-owner in respect of whom

there is no change shall be provided to the Office.

(6) Any document filed under subregulations (2) to (5) that is

n o t i n o n e o f t h e o ff i c i a l l a n g u a g e s o f t h e O ff i c e s h a l l b e

accompanied by a translation in one of these languages.

(7) A fee in accordance with the Schedule shall be payable in

respect of requests made under subregulation (1).

(8) A single request shall be sufficient even where the change

relates to more than one application or patent of the same person, or

to one or more applications and one or more patents of the same

person, provided that the change in applicant or owner is the same

for all applications and patents concerned, and the numbers of all

applications and patents concerned are indicated in the request

Provided that where that single request is filed on paper or

as otherwise permitted by the Office under regulation 29, a separate

copy thereof shall be filed for each application and patent to which

it relates.

(9) Where one or more of the requirements under

subregulations (1) to (8) are not complied with, the Office shall

invite the applicant or owner, to comply with any such requirement

and to make observations, within two months from the date of the

invitation.

(10) Where one or more of the requirements under

subregulations (1) to (8) are not complied with within two months

from the date of the invitation or, where indications allowing the

Office to contact the person who made the request have not been

filed within three months from the date on which that request was

received by the Office, the request shall be refused.

(1) A request for registration of a licence in respect of an

application or patent may be made in a communication signed by

the licenser or the licensee and shall contain the following

indications

(a) an indication to the effect that a registration of a

licence is requested;

(b) the number of the application or patent concerned;

(c) the name and address of the licenser;

(d) the name and address of the licensee;

(e) an indication of whether the licence is an exclusive

licence or a non-exclusive licence;

(f)

the name of a State of which the licensee is a national

if he is the national of any State, the name of a State in

which the licensee has his domicile, if any, and the

name of a State in which the licensee has a real and

effective industrial or commercial establishment, if

any;

(g) the date of the licence and its duration.

(2) Where the licence is a freely concluded agreement, the

request shall be accompanied, at the option of the requesting party,

by one of the following

(a) a copy of the agreement, which copy may be certified,

at the option of the requesting party, by a notary public

or any other competent public authority or by an agent

having the right to practise before the Office, as being

in conformity with the original agreement;

(b) an extract of the agreement consisting of those

portions of that agreement which show the rights

licensed and their extent, which extract may be

certified, at the option of the requesting party, by a

notary public or any other competent public authority

or by an agent having the right to practise before the

Office, as being a true extract of the agreement.

(3) Where the licence is a freely concluded agreement, any

applicant, owner, exclusive licensee, co-applicant, co-owner or co-

exclusive licensee who is not party to that agreement may give his

consent to the registration of the agreement in a communication to

the Office.

(4) Where the licence is not a freely concluded agreement,

resulting from operation of law or a court decision, the request

shall be accompanied by a copy of a document evidencing the

licence, certified as being in conformity with the original

document, at the option of the requesting party, by the authority

which issued the document or by a notary public or any other

competent public authority or by an agent having the right to

practise before the Office.

(5) Any document filed under subregulations (2) to (4) that is

n o t i n o n e o f t h e o ff i c i a l l a n g u a g e s o f t h e O ff i c e s h a l l b e

accompanied by a translation in one of these languages.

(6) A fee in accordance with the Schedule shall be payable in

respect of requests made under subregulation (1).

(7) A single request shall be sufficient even where the

registration of the licence relates to more than one application or

patent of the same person, or to one or more applications and one or

more patents of the same person, provided that the registration of

the licence is the same for all applications and patents concerned,

and the numbers of all applications and patents concerned are

indicated in the request

Provided that where that single request is filed on paper or

as otherwise permitted by the Office under regulation 29, a separate

copy thereof shall be filed for each application and patent to which

it relates.

(8) Where one or more of the requirements under

subregulations (1) to (7) are not complied with, the Office shall

invite the applicant or owner to comply with any such requirement

and to make observations within two months from the date of the

invitation.

(9) Where one or more of the requirements under

subregulations (1) to (7) are not complied with within two months

from the date of the invitation or, where indications allowing the

Office to contact the person who made the request have not been

filed, within three months from the date on which that request was

received by the Office, the request shall be refused.

(10) Subregulations (1) to (9) shall apply, mutatis mutandis, to

requests for the cancellation of the registration of a licence in

respect of an application or patent.

(1) Where an application, a patent or any request

communicated to the Office in respect of an application or a patent

contains a mistake, not related to search or substantive

examination, which is correctable by the Office under the Act, the

Office shall accept that a request for correction of that mistake in

the records and publications of the Office be made in a

communication to the Office signed by the applicant or owner and

containing the following indications

(a) an indication to the effect that a correction of mistake

is requested;

(b) the number of the application or patent concerned;

(c) the mistake to be corrected;

(d) the correction to be made;

(e) the name and address of the requesting party.

(2) The request shall be accompanied by a replacement part or

part incorporating the correction or, where subregulation (5)

applies, by such a replacement part or part incorporating the

correction for each application and patent to which the request

relates.

(3) The request shall be subject to a declaration by the

requesting party stating that the mistake was made in good faith

and without undue or intentional delay, following the discovery of

the mistake.

(4) A fee in accordance with the Schedule shall be payable in

respect of requests made under subregulation (1).

(5) The Office shall correct its own mistakes, ex officio or upon

request, for no fee.

(6) A single request shall be sufficient even where the

correction of the mistake relates to more than one application or

patent of the same person, or to one or more applications and one or

more patents of the same person, provided that the mistake and the

requested correction are the same for all applications and patents

concerned, and the numbers of all applications and patents

concerned are indicated in the request.

(7) W]ere that single request is filed on paper or as otherwise

permitted by the Office under regulation 29, a separate copy

thereof shall be filed for each application and patent to which it

relates.

(8) Where one or more of the requirements under

subregulations (1) to (5) are not complied with, the Office shall

invite the applicant or owner to comply with any such requirement

and to make observations within two months from the date of the

invitation.

(9) Where one or more of the requirements under

subregulations (1) to (5) are not complied with within two months

from the date of the invitation or, where indications allowing the

Office to contact the person who made the request have not been

filed, within three months from the date on which that request was

received by the Office, the request shall be refused.

Where it is required that an application be identified by its

number, but such a number has not yet been issued or is not known

to the person concerned or his representative, the application shall

be considered identified if one of the following is supplied, at that

person’s option

(a) a provisional number for the application, if any, given

by the Office;

(b) a copy of the request part of the application along with

the date on which the application was sent to the

Office;

(c) a reference number given to the application by the

applicant or his agent and indicated in the application,

along with the name and address of the applicant, the

title of the invention and the date on which the

application was sent to the Office.

The fees to be paid in respect of any application,

registration or any other matter under the Act and these regulations

shall be those prescribed in the Schedule of Fees.