Patent Registration in Malaysia
Malaysia’s intellectual property laws generally conform with international standards and provide adequate protection for trade mark owners. The establishment of the Intellectual Property Court in Malaysia bears further testimony to its commitment towards intellectual property protection. The registration of patents is handled by the Intellectual Property Corporation of Malaysia (MyIPO). Malaysia is a member of the Paris Convention and the Patent Cooperation Treaty (PCT).
Patent Application in Malaysia
What Types of Patents can be registered in Malaysia?
– Standard Patent – The invention must be novel, must have an inventive step and must be industrially applicable.
– Certificate of Utility Innovation – No inventive step is required.
All documents can be in the English language. Translation into the Malay language is not necessary. After a preliminary examination, a Substantive Examination of the patent application will be conducted. The national patent application in Malaysia must be filed within 12 months from the priority date. The restoration of the priority right is not stipulated. Under the Malaysian IP law, there is no requirement or provision for filing an Assignment Deed, if the applicant is not the inventor. Foreigners must appoint an agent, a registered Malaysian patent attorney to perform the patent registration in Malaysia.
Approximate Registration Time Table:
The average processing time for patent registration procedure in Malaysia is 3 years.
Minimum Filing Requirements:
The applicant (s) details.
The Inventor (s) details.
Claim: describe the protection scope of the patented technology
Abstract: provide the outline of the key technical aspect of the patent
Specification: provide written details and features of the patented technology
Drawings: illustrate structures or details of the patent
– Standard Patent – 20 years starting from the date of filing of application
– Certificate of Utility Innovation – a maximum of 4 periods of 5 years each.
Both are subject to payment of annuity fees.