Patents Laws in Malawi
Here is a detailed overview of Patent Laws in Malawi:
π Governing Law
Patents Act, Chapter 49:02 of the Laws of Malawi
(Originally enacted in 1958, with updates including the Industrial Property Act, 2016, which modernized intellectual property legislation.)
ποΈ Regulatory Authority
Malawi Registrar Generalβs Department β Intellectual Property Section
Website: https://www.registrargeneral.gov.mw
π Patentable Inventions
To be patentable in Malawi, an invention must:
Be new (novel) β not disclosed anywhere in the world before the filing date.
Involve an inventive step β not obvious to someone skilled in the field.
Be industrially applicable β capable of being used in any kind of industry.
Patentable subject matter includes:
Products
Processes
Machines
Compositions of matter
π« Non-Patentable Subject Matter
The following are excluded from patent protection:
Discoveries, scientific theories, and mathematical methods
Aesthetic creations
Business methods and mental acts
Methods for the treatment of humans or animals
Inventions contrary to public order or morality
π Duration of Patent
A patent in Malawi is valid for 20 years from the filing date, provided that annual renewal fees are paid.
π Application Procedure
File a patent application with the Registrar Generalβs Office.
Application must include:
Detailed description of the invention
Claims
Drawings (if necessary)
Abstract
A formal examination is conducted.
If approved, the patent is granted and published in the IP journal.
Patents are subject to annual maintenance fees starting from the third year.
π International Treaties
Malawi is a member of several key IP-related international agreements:
African Regional Intellectual Property Organization (ARIPO) β via the Harare Protocol, allows regional patent applications.
Paris Convention
Patent Cooperation Treaty (PCT) β allows applicants to seek patent protection internationally.
You can file a patent through:
National route β directly in Malawi.
Regional route β through ARIPO, designating Malawi.
International route β via PCT, then entering national or ARIPO phase.
π΅ Fees
Filing fee
Publication fee
Annual renewal (maintenance) fees
β Key Notes
Malawi has modernized its IP laws via the Industrial Property Act (2016).
For broader protection in Africa, ARIPO route is often recommended.
Malawi does not conduct substantive examination, so granted patents could still be challenged in court.
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