Malawi

Information on the filing of Patents, Designs and trademarks in Malawi

 

DESIGN REGISTRATIONS

Design protection is available for features of shape, configuration, pattern or ornamentation applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye but does not include a method or principle of construction or features of shape or configuration which are dictated solely by the function by which the article to be made in that shape or configuration has to perform.

The applicant may be an author or his assignee whether an individual, firm or company.

Works of sculpture other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process, wall plaques and medals and printed matter primarily of a literary or artistic character are not registrable.

A design must be new or original and in particular it must not be the same or substantially the same as a design which previously has been published or registered in Malawi in respect of any article, however, priority may be claimed within six months.

Filing Requirements:

(a) For a normal national application:

1. Form of authorization; no legalization is required;

2. Application form (this can be signed by an agent);

3. identical representations (drawings or photographs) mounted on strong paper 8" x 13" with the left hand margin of one and a half inch. In practice, paper of international size A4 is acceptable;

4. A statement of the features of a design for which novelty is claimed;

5. Priority document in Convention cases.

Minimum requirements for filing:

1. Name of applicant;

2. Drawing or photograph of the article showing the novel feature for which protection is claimed;

3. Country, number and date of the basic application in a Convention case.

(b) For an ARIPO application click here...

There is no examination as to novelty but only as to form in the case of a normal national application.

Protection endures for an initial period of 5 years and may be renewed for two further periods each of five years.

Assignments and licenses may be registered by filing the original deed or a notarially certified copy thereof.

 

PATENT REGISTRATIONS

An invention must be new on or before the effective date of the application. It is considered not to be new if the invention was:

(1) known or used in Malawi by anyone other than the applicant or his agent, or the person from whom the applicant derived his title;

(2) worked anywhere in Malawi by the applicant or by any person from whom the applicant derived his title;

(3) described in writing in a publication (whether printed or not) available in Malawi;

(4) described in a printed publication published outside Malawi less than fifty years prior to the effective date;

(5) claimed in an unpublished complete specification filed in Malawi of earlier effective date.

(6) Secret knowledge or secret use of an invention (provided it is not on a commercial scale) or working by the applicant for reasonable testing, do not destroy novelty.

Exceptions to protection: scientifically impossible inventions; those contrary to law or morality; and substances consisting of a mere admixture of known ingredients for use as food or medicine, are not patentable.

Patents of addition are available.

The applicant may be the inventor(s), an assignee, an applicant in a Convention country or the legal representative of anyone of the above who has died or become disabled. Any of the above may apply, either alone or jointly with others. The nationality of the applicant and/or inventor must be stated.

There is no provision for Utility models.

Annuities are only due in respect of granted patents

Filing Requirements:

(a) For a normal national application:

1. Application and authorization form, signed by the applicant. The application form can be signed by an agent but proof of his authority may be called for; no legalization is necessary;

2. Specification in English in duplicate. This must be typed on one side only of strong paper measuring 13" by 8" with at least a one and a half inch margin on the left hand side. The lines must be widely spaced. In practice, international paper size A4 is acceptable;

3. Drawings. Original and true copies (both on pure white tough drawing paper size 13" by 8" or 16" with a one and a half inch margin on the left hand side and one half inch margin on the other three sides);

4. Assignment of invention, in cases where the inventor is not a party to the application;

5. Certified copy of the basic application as filed under the International Convention together with, where appropriate, a verified English translation. The certified copy must be filed with the application or within six months thereafter.

(b) For a PCT application, Malawi being a designated country:

1. Application and authorization form, signed by the applicant.

(c) For an ARIPO application click here...

Minimum requirements for a normal national application only on filing date:

1. Name of applicant;

2. In a Convention case, particulars of the basic application;

3. Informal copy of specification, claims and drawings.

PCT applications: time limit for entering the national phase under both Chapters I and II: 30 months, and 31 months through ARIPO Chapters I and II.

There is no examination other than to form in the case of a normal national application. However, a after an application has been accepted, it is advertised in the Official Patents Journal. Opposition may be filed against application by any interested party within three months from publication. Extensions of the opposition period may be granted.

Duration of protection is sixteen years commencing from the date of the filing of the complete specification subject to the payment of renewal fees with the first annuity being payable three years from the date of the filing of the complete specification and thereafter annually during the life of a patent. A grace period of a maximum of six months for paying the renewal fees may be obtained on payment of fines. All renewal fees may be paid in advance.

Registration of an assignment or license may be requested by filing the original or a notarially certified copy of the original deed together with a power of attorney by the assignee.

A patent granted under the ARIPO Protocol shall have effect in Malawi as if it were a patent granted under the Malawi Patents Act.

 

TRADEMARK REGISTRATIONS

The applicant may be a manufacturer, trading agent, a person, a firm or an authority having a business.

Service marks are not protectable and certain words such as patented, registered, registered design are also excluded from registrability as are, copyright, entered at Stationer's Hall, etc.; representations of the President or any colorable imitations of the words Red Cross or Geneva Cross and similar devices; the word Anzac; non-distinctive marks. Colors: may be claimed for labels. Certification marks are also possible.

Filing Requirements:

1. Form of authorization, not legalized;

2. 10 prints and a printing block, except for word marks;

3. In Convention cases, a certified copy of first foreign application and where appropriate verified English translation thereof;

4. Advice as to whether the mark is being used or proposed to be used in Malawi.

Minimum requirements on filing date:

1. Name and address of the applicant;

2. The mark and a list of goods.

For an ARIPO application click here...

Objections of the Registrar are notified by an official letter; when conditional acceptance is issued, the conditions are endorsed on the acceptance notification. If the objections or conditions are to be contested, a response to the official action should be lodged or a hearing taken within two months, which period is extendible.Disputes about ownership may be settled by the Registrar or the Tribunal. If acceptable, the application is advertised in the Official Patents and Trade Marks Journal. Letters of consent can be accepted, at the Registrar's discretion.

In the absence of opposition for a period of two months from the date of advertisement in the official Patents and Trade Marks Journal, the certificate of registration is issued. The opposition term is extendible.

The original period of registration is seven years from the date of application or priority date thereafter the registration is renewable in periods of fourteen years each. Application for renewal may be made within six months of the expiration of the previous period of registration.

Registration of an assignment should be effected by producing the original or a notarially certified copy the deed of assignment together with a form of authorization from the assignee. Licenses, where the mark is being used by a third party with the authority of the proprietor, it is advisable to record that third party as a registered user of the trademark. The use of a registered trademark by a registered user is deemed to be use of that mark by the registered proprietor.

Use is not essential but any person aggrieved may apply for the removal of a registered trademark from the register if the proprietor has made no bona fide use thereof for a continuous period of five years or longer. Marking of registered goods is not compulsory but advisable.