Best Patent Lawyers in Maldives

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The Law Office of Shaffan Mohamed

The Law Office of Shaffan Mohamed

Malé, Maldives

Founded in 2020
1 people in their team
The Law Office of Shaffan Mohamed is a law practice based in Male', Republic of Maldives. The practice provides a range of legal services with a...
Divehi
English

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About Patent Law in Maldives

The patent law in Maldives is largely influenced by the rules set out in the Patents and Companies Registration Office Act. This act establishes the legal framework for patents and strengthens the protection for inventors and innovators in the Maldives. It provides exclusive rights to the creators of unique inventions to prevent others from using, selling, or producing the invention in the Maldives without the inventor's consent. The protection typically lasts for 20 years from the date of application, giving creators plenty of time to monetize and derive benefits from their inventions.

Why You May Need a Lawyer

Although the patent process may seem straightforward on the surface, it involves numerous legal intricacies. Filing a patent application requires an in-depth understanding of the patent laws, technical knowledge of the invention, and legal drafting skills to ensure the patent offers maximum protection. Inevitably, it is easy to make mistakes during the patent application process, which could lead to rejection or weak protection. Hence, you may need a patent lawyer to assist if you've invented something unique and want to protect your rights, if someone is infringing upon your patent rights, or need advice on patent licensing agreements.

Local Laws Overview

The Patents and Companies Registration Office Act in the Maldives governs the patent system. The act covers procedural aspects, protection terms, renewal processes, and patent infringement penalties. It recognises both product and process inventions for patent protection provided they are new, involve an inventive step, and are capable of industrial application. The law asserts that the patent rights belong to the inventor. However, if the invention was made during employment, the rights might belong to the employer unless otherwise stated in the employment contract.

Frequently Asked Questions

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

A patent usually lasts for 20 years from the date of application. This duration is subject to regular renewal fees.

2. What is considered an invention under Maldivian patent law?

An invention can either be a product or a process that offers a new technical solution to a problem. It must be new, useful and non-obvious.

3. Can I apply for a patent myself?

Yes, you can, however considering the complexity and technicality involved in drafting patent applications, it would be advisable to involve a lawyer.

4. What can I do if someone infringes my patent?

If you believe that your patent has been infringed, you should consult a lawyer immediately. Legal action can be initiated in the Court system of the Maldives.

5. Are there any international treaties protecting my patent rights globally?

The Maldives is a member of the World Trade Organization and recognizes the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) which extends protection to member nations.

6. Can software be patented?

The patentability of software is a complex issue and varies according to the specifics of the software related to its technical effects. Legal advice should be sought in this regard.

7. Can I sell or license my patent?

Absolutely. You can transfer your rights or grant licenses to others.

8. What is the patent application process?

The process involves filing an application with the Maldives Patent Office, undergoing an examination and potentially an opposition period, before the patent is granted.

9. What happens if I don't renew my patent?

If you don't renew your patent, it will lapse and your invention will become part of the public domain.

10. Are there any exemptions to patent infringements?

Yes, exceptions may apply under certain circumstances, such as use for research purposes. Consult a lawyer for more information.

Additional Resources

You may find assistance or more information on regulating bodies such as the Maldives Patent Office or consult organizations that support innovation like Business Development Centers. These places can provide valuable insights and resources.

Next Steps

Should you need legal assistance in Patent, it's advisable to seek help from a lawyer specializing in Patent law. The lawyer can help you navigate the intricacies of local laws and meet all requirements of filing and maintaining a patent. If you believe your patent rights are being infringed, your lawyer can guide you on the potential legal recourse you have. Remember, protecting your inventive outputs is crucial to maintaining your competitive advantage.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.