Malaysia is a nation in Southeast Asia consisting of 13 states with two geographical regions separated by the South China Sea: Peninsula Malaysia and Borneo. Malaysia is home to about 24 million people of various races, mainly Malays, Chinese and Indians with a number of other ethnicities as well. The capital of Malaysia is Kuala Lumpur. As of 2006, the nation’s gross domestic product (GDP) in term of purchasing power parity (PPP) is estimated to be US$308.8 billion with $12,700 per capita.
| Major international treaties signed |
Patent Co-operation Treaty
Paris Convention
Budapest Treaty |
| Costs of obtaining a patent |
Please contact us at malaysia@mirandah.com |
| Average time to obtain a patent |
12 – 30 months from PCT national phase entry
42 – 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
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| Grace period for prior disclosure or sale |
12 months before the Malaysian filing date
Disclosure must be made by the applicant |
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Major prosecution events |
| Request for Examination |
: |
24 months from the date of filing |
| Payment of grant fees |
: |
3 months from date of allowance |
| Renewals of patents |
: |
every year | |
| Extension of deadlines |
3 months for examination events |
| Pharmaceutical Data Exclusivity Laws |
Not available |
| Parallel Imports |
Allowable |
| Term of patent |
20 years |
| Patent term extension |
Not available |
| Restoration of lapsed patent |
Within 24 months from the date of lapse |
| 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 |
| 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
| Infringement offence |
Civil |
| Any specialized courts for IP |
To be set up soon |
| Outline of the enforcement steps |
(i) Notice of cease and desist
(ii) Infringement lawsuit |
| Relief against groundless threats |
Not available |
| Declaration of Non-infringement |
Available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
(i) Revocation - 12 to 24 months
(ii) Infringement proceeding - 24 to 36 months |
| Alternative dispute resolution |
(i) Mediation
(ii) Arbitration |
| Availability of damages and other relief for infringement |
(i) Injunction
(ii) Loss of revenue
(iii) Account of profits |
Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.