GENERAL COUNTRY INFORMATION
Malaysia is a nation in Southeast Asia consisting of 13 states and 3 Federal Territories, with two geographical regions separated by the South China Sea: Peninsula Malaysia and Borneo. Malaysia is home to about 28 million people of various races, mainly Malays, Chinese and Indians with a number of other ethnicities as well. The capital city is Kuala Lumpur while Putrajaya is the seat of the federal government. As of 2009, the nation's gross domestic product (GDP) is estimated to be US$378.9 billion with $14,700 per capita.

MALAYSIA PATENTS SYSTEM

HIGHLIGHTS

Legal Basis	Patents Act 1983 effective 1 October 1986 Patents (Amendment) Act 1993 effective 1 August 1995 Patents (Amendment) Act 2000 effective 1 August 2001 Patents (Amendment) Act 2002 effective 3 March 2003 Patents (Amendment) Act 2003 effective 14 August 2003 Patents (Amendment) Act 2006 effective 16 August 2006 Patents Regulations 1986 effective 1 October 1986 Patents (Amendment) Regulations 1993 effective 1 August 1995
Major international treaties signed	Patent Cooperation Treaty (PCT) effective 16 August 2006 Paris Convention effective 1 January 1989 World Trade Organization (WTO) effective 1 January 1995 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
Costs of obtaining a patent	Please contact us at malaysia@mirandah.com
Average time to obtain a patent	12 to 30 months from PCT national phase entry 42 to 60 months from priority date for Paris Convention applications
Official language for patent prosecution	Bahasa Malaysia or English
Non-patentable subject matter	Discoveries, scientific theories and mathematical formulae Plant or animal varieties, biological processes for the production of plants or animals, micro-biological processes and the products thereof Schemes, rules or methods for doing business, performing purely mental acts or playing games Methods for medical treatment and diagnostic methods practised on the human or animal body
Grace period for prior disclosure or sale	12 months before the Malaysian filing date Disclosure must be made by the applicant
Major prosecution events	National Phase Entry : 30 months Request for Examination :  24 months from the date of filing for Paris Convention applications 48 months from the International filing date for PCT National Phase entry Renewals of patents : Every year
Filing and prosecution procedures	Stage 1: Filing Stage 2: Formality Examination Stage 3: Publication Stage 4: Substantive Examination Stage 5: Grant Stage 6: Renewal/ Annuity
Extension of office action deadlines	May be filed only once for a maximum of 9 months for examination events
Necessary document for filing	Power of Attorney, Statement Justifying Applicant's Rights
Pharmaceutical Data Exclusivity Laws	Not available
Search and Examination	The Patent Office conducts its own search and examination but favours search and examination reports issued in prescribed countries such as US, UK, Australia, Japan and South Korea as well as the prescribed regional European Patent Office
Opposition term	Not available
Term of patent protection	20 years
Patent term extension	Not available
Restoration of lapsed patent	Within 24 months from the date of lapse
Parallel Imports	Available
Other forms of patents (e.g. Petty/innovation patents)	Utility innovation (UI): UI does not require inventiveness and maximum of one claim is allowed
Useful links	www.mirandah.com www.myipo.gov.my

ENFORCEMENT OF PATENTS

HIGHLIGHTS

Infringement offence	Available
Specialized courts for IP	Available
Outline of the enforcement steps	Notice of Cease and Desist Infringement lawsuit
Relief against groundless threats	Not available
Declaration of non-infringement	Available
Preliminary injunctions	Available
Time frame for various legal actions	Revocation - 1 to 2 years Infringement proceeding - 2 to 3 years
Alternative dispute resolution	Mediation Arbitration
Availability of damages and other relief for infringement	Injunction Loss of revenue Account of profits
Civil remedies	Available (e.g. Restrain Order)
Criminal Sanctions	Not available

OTHER INFORMATION

Statistics of Patent Application and Granted  Patent from 2000 to 2009

Year

Application

Granted

	Domestic	Foreign	Total	Domestic	Foreign	Total
2000	206	6021	6227	24	381	405
2001	271	5663	5934	18	1452	1470
2002	322	4615	4937	32	1460	1492
2003	376	4686	5062	31	1547	1578
2004	522	1920	5442	24	2323	2347
2005	522	5764	6286	37	2471	2508
2006	531	4269	4800	187	6562	6749
2007	670	1702	2372	338	6645	6983
2008	864	4539	5403	198	2044	2242
2009	1241	4496	5737	270	3198	3468
Total	5525	46675	52200	1159	28083	29242

(Source: Intellectual Property Corporation of Malaysia)

Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice.　
Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.