Malaysia
| Legal Basis |
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| Major international treaties signed |
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| 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 48 months from priority date for Paris Convention applications | |||||||||
| Major prosecution events |
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| Filing and prosecution procedures | Stage 1: Filing
Stage 2: Formality Examination Stage 3: Substantive Examination Stage 4: Grant Stage 5: Renewal/ Annuity |
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| Extension of office action deadlines | May be filed only once for a maximum of 6 months for examination events | |||||||||
| Necessary document for filing | Power of Attorney, Statement Justifying Applicant’s Rights | |||||||||
| Pharmaceutical Data Exclusivity Laws | Available – Malaysia has implemented DE since 2011 for undisclosed, unpublished and non-public domain pharmaceutical test data. The term is five years for a new chemical entity and three years for a second indication. DE is awarded to the originator; however, a generic company may rely on bio-equivalence (BE) to get marketing authorization. Marketing authorization is managed by the National Pharmaceutical Regulatory Agency. | |||||||||
| Search and Examination | The Patent Office does conduct 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 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 date of lapse | |||||||||
| Parallel Imports | Available | |||||||||
| Other Forms of Patents | Utility innovation (UI): UI does not require inventiveness. A maximum of one claim is permitted. | |||||||||
| Useful Links | MYIPO |
| Infringement offence | Available |
| Specialised 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 |
| Criminal Sanctions | Not available |