Malawi 

Paths to protection

Ways to protect your invention

Patents are a way of protecting your inventions. By filing a successful patent you will be awarded a monopoly to exploit your invention for a period of time.

National Patents are the most effective way of defending your invention if you only require protection in a single jurisdiction. If this is not enough for your needs, this country has signed international agreements on patents, which facilitate their internationalization:

ARIPO

Allows for a single patent application to be effective across its designated members states

PCT (Patent Cooperation Treaty)

The PCT system allows simplified international patent applications which in turn eases national filings.

Additional Information

Discuss your Intellectual Property Protection strategy with us

If you need to protect your Intellectual Property abroad, through our Global Network of offices and associates, we can make your Intellectual Property assets expand to every nation you desire, ensuring full legal protection of your rights.

If you have further questions, we would be delighted to schedule a conference call and answer any questions you may have.

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Malawi

Patent Details and Timeframes

Priority claim

Available

Substantive Examination

Available

Body responsible for non-use cancellations

IP Office

Time until registration

3 years

Opposition Period

3 months

Use Requirement Period

4 years

National Filing Requirements

  •  Applicant data.
  •  Copy of priority document (if applicable).
  •  Patent title, abstract, description, claims and drawings.
  •  Deed of assignment, simply signed (if applicable).
  •  Power of attorney, notarized.
  •  Power of attorney, notarized.
  •  Deed of assignment, simply signed by the assignor and the assignee.
  •  Power of attorney, notarized.
  •  Certificate of change of name.
  •  Power of attorney, notarized.
  •  Certificate of change of address.
  •  Power of attorney, notarized.
  •  License Agreement signed by both parties.
  •  Power of Attorney from the Licensee, Notarized.

PCT Filing

  •  Applicant data.
  •  Copy of priority document (if applicable).
  •  Patent title, abstract, description, claims and drawings.
  •  International Publication.
  •  International search report.
  •  Deed of assignment, simply signed (if applicable).
  •  Power of attorney, notarized.
  •  Power of attorney, notarized.
  •  Deed of assignment, simply signed by the assignor and the assignee.
  •  Power of attorney, notarized.
  •  Certificate of change of name.
  •  Power of attorney, notarized.
  •  Certificate of change of address.
  •  Power of attorney, notarized.
  •  License Agreement signed by both parties.
  •  Power of Attorney from the Licensee, Notarized.

Latest news

ANNOUNCEMENT

New Trademark Bill in Malawi

The new Bill has relevant changes to it, which makes it look far more like a modern trademark statute. Three months ago, on December 2017, a new Trademark Bill was approved by the Malawi’s Parliament and sent to the President in order to assent it. This Bill was created to replace the Trade Marks Act 1957, which was yet antiquated and in need of updating. This new Bill creates significant changes such as the possibility of protecting services, the provision for the registration of collective and certification marks, and geographical indications and a 10-year registration and renewal term. Regarding the International Agreements, it should be noted that Malawi is a signatory of the Banjul Protocol, but since the country never formally incorporated the same into its national law, it is not possible to have effective and enforcable trademark registrations in Malawi when registrating trademarks in ARIPO. However, once the Bill becomes law, it will be possible to designate Malawi in ARIPO registrations.  

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