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Malaysia Patent Application Guide

Updated:2018-9-30 14:38:10    Source:www.tannet-group.comViews:234

Malaysia patent application must be filed with the Patent Registration Office of the Intellectual Property Corporation of Malaysia (MyIPO). The Patent Registration Office is responsible for the administration, processing and registration of patents and certificate for utility innovations. A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. A patent must be registered in order to acquire monopoly rights to exploit the invention.

Eligibility Criteria for Patentable Inventions
An invention is patentable if it:-
1. new or novel - this means that the invention has not been publicly disclosed (made known to the public) in any form, anywhere in the world;
2. involves an inventive step - this means that the invention must not be obvious to someone with knowledge and experience in the technological field of invention;
3. industrially applicable - this means that the invention is capable of being made or used in any industry; and
4. does not fall within the scope of non-patentable inventions as stipulated by Malaysian patent law.

Condition on Applicant
Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes, for example, a company.

Information and Documents Required
To file an application in Malaysia, the applicant is required to lodge the following with the Patent Registration Office:
1. Form 1 (for an application for a patent);
2. A patent specification consisting of a description of the invention, a claim or a set of claims, an abstract and drawings (if any); and
3. Payment of the prescribed filing fee.

Stages of Prosecution of An Application
1. Filing of Application
After receiving the application and the prescribed payment of the official filing fees, a formalities examiner at the Registry of Patents will check the application to see if the minimum filing requirements have been fulfilled.

2. Preliminary Examination
The application will then be subjected to a preliminary examination whereby the application will be examined to see if there is compliance with the formal requirements.

3. Public Inspection
After 18 months from the filing date or the earliest priority date, details of the pending Malaysian application, including the patent specification are made available for public inspection. The application however is not published in printed form.

4. Substantive Examination
The next step is the filing of the request for substantive examination, either full examination or modified examination, or the request to defer the request for substantive examination, which must be made within two years from the filing date of the application.

5. Registration
Upon payment of the registration fee, a Certificate of Grant will be issued and Details of the same will be recorded in the Register of Patents. Also, the particulars of the patent, together with the abstract will be published in the Government Gazette.

Duration of A Patent in Malaysia
1. A patent is protected 20 years from the date of filing.
2. A utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.

A Malaysian patent provides protection only in Malaysia. For protection in other countries, applications need to be made in those countries.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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