Malta belongs to the following patent-related international teaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS
• European Patent Convention ("EPC")

Inventions protections available in Malta include:

• Inventions
• Other: Protection is also available to biological materials and plant varieties (subject to certain conditions)

The following subject matter is excluded from patent protection in Malta:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: 

1. discoveries, scientific theories and mathematical methods;
2. aesthetic creations;
3. schemes, rules and methods for performing mental acts, playing games or doing business and programs for computers; and
4. presentations of information.

A method for the treatment of the human or animal body by surgery or therapy and a diagnostic method practiced on the human or animal body is not regarded as being capable of industrial application.

Patent protection is also excluded for the following:

1. an invention the exploitation of which would be contrary to public order or morality;
2. the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene;
3. processes for cloning the human body, processes for modifying the germ line genetic identity of the human body and uses of the human embryo for industrial or commercial purposes;
4. processes and products for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefits to man or animal;
5. plant and animal varieties;
6. essentially biological processes of the production of plants or animals;
7. DNA sequence not containing any technical information and in particular any indication of its function

The general exclusion of computer programs from patentability does not apply where that computer program produces a further technical effect.

Documents and information required for filing a national patent application in Malta include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney ("POA")
• Other: The POA must be signed by a duly authorized representative and duly witnessed, however, there are no notarization or legalization requirements. The application must also be submitted with the title of the invention, which must clearly and concisely state the technical designation of the invention.

Yes, it is possible to request early publication or deferment of publication in Malta.

Yes, the applicant has a provisional right upon publication of an application in Malta. Publication of a patent application provisionally confers upon the applicant the “patent rights” prescribed under the law in Malta.

It is possible to file voluntary amendments in Malta at the following times:

• At the time of entry into the national phase (for PCT application)
• At any time during prosecution
• At the time of requesting examination
• Other: The proprietor of a registered patent may request changes to its patent, but only in order to limit the extent of the protection conferred by it. 

Yes, it is required to file a request for substantive examination in Malta, however, there is no prescribed deadline.

Yes, there is a third-party opposition procedure upon publication or after grant in Malta. 

The time period from application to grant in Malta should take place within 18 months from the date of filing.

Yes, there is a process for accelerated examination of an application in Malta. The request needs to be filed with the Comptroller of Industrial Property. There are no prescribed requirements/timelines in Malta.  

Yes, it is required to pay an annuity to maintain the validity of a patent in Malta. 

Yes, late payment of an annuity is permissible in Malta. The surcharge, where (late) maintenance fee is paid:

1. within 1 month from the due date -  EUR 11.65;
2. within 2 months from the due date – EUR 16.31;
3. within 3 months from the due date – EUR 23.29;
4. within 4 months from the due date – EUR 32.61;
5. within 5 months from the due date – EUR 44.26;
6. within 6 months from the due date – EUR 58.23

Renewal/maintenance is no longer possible after a lapse of the six-month grace period.

Available enforcement methods in Malta include:

• Civil enforcement
• Criminal enforcement
• Border measures

None identified.