Legislative Implementation of Flexibilities - Malta

Title:	Section 4 (5) (e) and (f) and (6) of the Patents and Designs Act, Chapter 417, of 01/06/2002 as last amended by Act XVIII of 2005
Field of IP:	Patents
Type of flexibility:	Exclusion from patentability of plants
Summary table:

Provisions of Law

Section 4 - Patentable inventions

(5) A patent shall not be granted in respect of:

(e) plant and animal varieties:

Provided that patents shall not be granted for plant varieties only after a new form of plant variety protection is introduced in such form as may be prescribed:

Provided further that a patent may still be granted for a plant variety in respect of which a patent application is still pending on the date that a new form of plant variety protection is prescribed;

(f) essentially biological process of the production of plants or animals:

Provided that this is without prejudice to the patentability of inventions which concern a microbiological or other technical process or a product obtained by means of such a process;

(6) Inventions which concern plants or animals shall be patentable if the technical feasibility of the invention is not confined to a particular plant or animal variety.