| 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: Substantive Examination
Stage 4: Grant
Stage 5: 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 |
Patent Agents and Attorneys in Malaysia
www.myipo.gov.my |
