Malta Bill Amending the Patents and Designs Act

Dr. Silvana Zammit | Published on 04 Jul 2014

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Proposed Bill Amending the Patents and Designs Act

A bill has been tabled in Parliament (the “Bill”) to amend the Patents and Designs Act (the “Act”).

The Bill proposes several amendments to the Act however the most significant proposal is the setting up of the Patents Tribunal – a specialized court which is to have exclusive jurisdiction to hear and determine claims relating to patent infringement and revocation and actions related thereto.Claims for damages arising from patent infringement will continue to be heard and determined by the Civil Court, First Hall.

Other significant amendments are proposed such as:

  1. The Comptroller is granted the authority to oblige an applicant to provide a search report when submitting a patent application;
  2. Changes to the examination of the formalities of a patent application;
  3. Changes relating to the manner by which a patent is revoked; and  
  4. Changes in the way in which an application is determined to have an earlier filing date when priority is claimed.

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