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Malawi is one of the Contracting States of the African Regional Intellectual Property Organization (ARIPO). An ARIPO patent is enforceable in Malawi regardless of whether the patent has been granted or not. During the application process, annuities are due and must be paid directly to ARIPO, not to the Department of the Registrar General.
The rules that apply to a national Malawian patent and to an ARIPO patent in Malawi will be described in detail below.
Renewal fees in Malawi must be paid by certain dates to either the ARIPO or to the Department of the Registrar General, depending on where the patent was filed.
In this section, you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
If the patent was filed at the ARIPO, the first renewal fee must be paid on the first anniversary of the filing date to the ARIPO. This renewal must be paid regardless of whether the patent has been granted or not.
For example, if the filing date is 2020-02-01, the first renewal will be due by 2021-02-01.
All subsequent annuities must be paid annually on the anniversary of the filing date.
For example, if the filing date was on September 9, then all subsequent annuities will be due by September 9 each year.
If the patent was filed at the Department of the Registrar General, the first renewal fee must be paid in the first year from the filing date to the Department of the Registrar General. This annuity must be paid regardless of whether the patent has been granted or not.
For example, if the filing date is 2020-02-01, the first renewal will be due by 2021-02-01.
All subsequent annuities must be paid annually on the anniversary of the filing date.
For example, if the filing date was on September 9, then all subsequent annuities will be due on September 9 each year.
In Malawi, there are other types of intellectual property besides patents. These include utility models.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
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Renewal fees must be paid in Malawi regardless of whether the patent is granted or not. You can find the rules for calculating the renewal due dates above in the Due Dates section.
At present, the opening of the renewal payment window in Malawi has not been officially specified. Consequently, we are unable to confirm the earliest date on which the renewal fee can be paid.
Yes, it is possible to renew a Malawian patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
Yes, you will need assistance from local representation to renew a patent in Malawi. It is a requirement to be an authorized representative in order to carry out the renewal of a patent in Malawi. Currently, PatentRenewal.com does not have the necessary authorization and we are therefore using a local representative to carry out the renewal process.
It may be possible for the patent owner to carry out the renewal themself, but unless you have experience with paying renewal fees in Malawi we will advise you to engage a local representative.
A patent will stay in force for 20 years in Malawi from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.
