Renewing a Patent
The filing of an application for granting a patent and the grant of a patent has an initial validity period of two (2) years, which can be renewed annually for a maximum protection period of twenty (20) years from the filing date of the application or of the grant respectively. In case of pharmaceutical or plant protection products, protection can be extended up to twenty-five (25) years and in case of paediatric pharmaceutical products up two twenty-five (25) years and six (6) months.
The beneficiary must proceed, from the 3rd year onwards, to the renewal of the patent within three (3) months before the expiry of the preceding protection period.
It is noted that the payment of renewal fee is allowed up to six months after the expiry of the preceding protection period, however in such case a penalty of 25% is imposed on the annual fee due for every month or part of the month of delay. In case of non-renewal within the aforementioned period, the Intellectual and Industrial Property Section proceeds to the strike off and the publication of strike off of the patent in the official gazette.
Filing a renewal
You may submit an application for renewing a patent or an application for granting a patent or an application for depositing a translation of a European patent (form Π.13), by hand/post, accompanied by:
- The form for authorising an agent (form Π.8) in case where a power of attorney relating the renewal procedure for the relevant year has not already been filed;
- The annual protection fee, depending on the protection year for which renewal is requested; or
- The annual supplementary protection certificate fee for pharmaceutical and plant protection products; and
- additional late filing fee of 25% of the renewal amount for every month or part of the month of delay (in case of renewal within 6 months of the expiry of the preceding protection period).
It is noted that the fees above are payable in cash, by cheque, via an account maintained with the Department of the Registrar of Companies or via bank transfer.
You are advised to refer to the main criteria of review so as to acquire a better understanding what is required and to facilitate the process further.
Provided that the Intellectual and Industrial Property Section is satisfied that all, relevant to the circumstances, legal requirements have been met,he will proceed with the filing of renewal, the issue of Certificate of Renewal and the updating of the patents register.
In the event that you wish the issue of certified copies you may request to obtain certified copies of a patent.