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Patent Filing in Malaysia

Malaysia is a member of the Patent Co-operation Treaty and Paris Convention. Patent applications can be filed in Malaysia through the PCT route or by filing directly as a conventional application.

Term of the Patent: 20 years from the filing date

Patent Office: Intellectual Property Corporation of Malaysia

 

Paradigm to obtain a patent in Malaysia:-
  • Patent Filing
  • Publication
  • Examination within 36 months from date of filing
  • Compliance with the Office action either with written statement or hearing
  • Acceptance(notice of allowance) or rejection
  • The patentee shall pay an annual fee beginning with the year in which the patent right was granted.
Documents required for filing of Patent Application in Malaysia

1.PCT National phase application

  • WIPO Publication
  • International Search Report
  • International Preliminary Examination Report (optional)
  • English translation if application was not in English language
  • Preliminary Examination report (Chapter II)
  • Inventor's Declaration, notarization is not required.
  • Assignment
  • Power of Attorney

2.Convention Application under Paris Convention

  • Complete specification
  • Drawings (if any)
  • Abstract
  • Certified copy of the priority document (s)
  • English translation of the priority documents
  • Assignment
  • Power of Attorney
Remarks:
  • Excess claims fee of MYR 10 per claim over 10 claims
  • Timeline for entry into National phase in Malaysia is 30 months
  • Timeline for filing a conventional application in Malaysia is 12 months