Cap. 417 Art. 22Right of priority.

(1) The application may contain a declaration claiming priority pursuant to the Paris Convention for the Protection of Industrial Property, of one or more earlier national, regional or international applications filed by the applicant or his predecessor in title in or for any State party to the said Convention or the World Trade Organisation or for any State with which Malta has made an international arrangement for mutual protection of inventions.

(2) Where the application contains a declaration under subarticle (1), the Office of the Comptroller may require that the applicant furnish, within such time as may be prescribed, a copy of the earlier application, certified as correct by the Office or any regional or international organisation with which it was filed.

(3) The effect of the declaration referred to in subarticle (1) shall be such as is provided in the Convention referred to in that subarticle pursuant to which the declaration has been made.

(4) If the Comptroller finds that the requirements under this article and any regulations as may be prescribed have not been fulfilled, he shall invite the applicant to file the required correction within such time as may be prescribed. If the applicant does not comply with the said invitation, the declaration referred to in subarticle (1) shall be deemed not to have been made.

(5) The Minister responsible for the Industrial Property Office, with the concurrence of the Minister responsible for Foreign Affairs, may by order specify the countries with which any international arrangement as is referred to in subarticle (1) are in force and may by subsequent orders amend, revoke or substitute any such order.