Legislative Implementation of Flexibilities - Malta

Title:	Articles 23 and 24 (1) 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:	Substantive examination
Summary table:

Provisions of Law

23. (1) Where an application for a patent has been filed and is not withdrawn, the Comptroller shall refer the application to an officer in his department hereinafter referred to as "the examiner" to determine whether the application complies with such requirements of this Act and of any regulations made thereunder and which are designated by any regulations as may be prescribed as formal requirements. The examiner shall make a report thereon to the Comptroller.

(2) If 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 such period as may be prescribed so as to comply with those requirements, and if the applicant fails to make such amendments the Comptroller may refuse the application.

(3) If the examiner reports to the Comptroller that the application, whether as originally filed or as amended pursuant to subarticle (2) complies with all the formal requirements at any time before the end of such prescribed period as is referred to in subarticle (2), the Comptroller shall notify the applicant accordingly.

Grant. 24. (1) Where the applicant has been notified pursuant to article 23(3) that his application complies with all the formal requirements, the Comptroller shall on payment of the prescribed fee, grant a patent on the application.