Best Patent Lawyers in Malé

About Patent Law in Malé, Maldives

Patent Law in Malé, Maldives is governed by the Maldivian Trade Mark and Patent Act. This act provides protection for inventions, designs or models, new plant varieties, and industrial designs that are novel, involve an innovative step, and have the potential for industrial application. Patents protect owners' rights to their inventions from infringement, and grant them exclusive rights to use, sell, or distribute the product or process described in the patent.

Why You May Need a Lawyer

Understanding and navigating patent laws can be complex. Situations where you may need a patent lawyer's advice and guidance include: When you have a novel invention or process and need to secure a patent for it; if your patent rights have been infringed upon and need legal recourse; if you need advice on patent licensing or selling your patented invention. Patent attorneys can also provide essential guidance on international patent laws if you aim to protect your invention outside of the Maldives.

Local Laws Overview

In Maldives, the Trade Mark and Patent Act has several key provisions that are critical to patents. These include the criteria for patentability, filing procedures for a patent application, rights conferred by a patent, obligations of the patent holder, and dealing with patent disputes. One critical feature of Maldives patent law is that it operates under a first-to-file system, meaning the first person to file a patent for an invention has priority over others who might have invented the same thing but filed later.

Frequently Asked Questions

1. How long does a patent last in the Maldives?

Under the Trade Mark and Patent Act, a patent in the Maldives is valid for 20 years from the date of filing the application, provided it is regularly renewed. It's worth noting that this is not automatic, and failure to maintain the patent could result in its lapse.

2. Can I apply for a patent if I don't live in the Maldives?

Yes. The laws permit both residents and non-residents to apply for patent protection in the Maldives. However, non-residents must appoint a local agent to represent them in all matters pertaining to their application.

3. How do I know if someone has stolen my patent?

If you find someone is using, selling or importing your patented invention without your permission, they may be infringing on your patent. In this case, you should seek legal advice immediately.

4. Can a patent be sold or transferred in Maldives?

Yes. A patent is a form of property and, like any other property, it can be sold, bequeathed, or transferred to another party. However, this sale or transfer must be recorded with the Ministry of Economic Development.

5. Can I patent a business idea?

No, you can't patent a business idea. However, if you transform that idea into a unique and innovative product or process that meets the criteria of patentability, then you can seek patent protection for it.

Additional Resources

The Ministry of Economic Development in the Maldives is the primary governing body responsible for patents. Their website contains valuable resources including the Trade Mark and Patent Act, filing procedures, and information on dispute resolution. The World Intellectual Property Organization (WIPO) also provides helpful resources on international patent laws and treaties.

Next Steps

If you need legal assistance with patent law, you can start by contacting a patent lawyer who can guide you through the process. Be prepared with all the necessary details about your invention or case, and ensure you understand the financial implications of securing a patent or pursuing a patent dispute.