Patents

Patents protect inventions. That much is simple. However, it is what constitutes an invention that is a more complicated matter. Technical improvements on what already exists, or the creation of a new object or of a process which is totally new fall within the definition of an invention. Added to that, the Invention must not be obvious – there must be that element of creativity. This is why, for example, discoveries are not capable of being patented in Malta and the EU – there is no intellectual creation. One final requirement is that it must be capable of industrial application.

Whoever owns the patent (usually the inventor or his employer) can prevent all others from creating or using the invention during the duration of the patent. Whatever is listed in the specifications of the claim cannot be done by third parties, unless they have the patent owner’s consent.

Patents last for 20 years from the date of filing of the application. However this is subject to a maintenance fee which has to be paid after the 5th year, and a further fee for every subsequent year.

The Fenech & Fenech intellectual property department assists in patent registrations with the Maltese patent office, and with registrations via the European Patent Office and via the Patent Co-operation Treaty; we administer validations of European and International Patents; advice and assist on technology transfer agreements, licensing agreements, distribution agreements and handle everything from pharmaceutical to mechanical issues.