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: 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 | Documents required at the time of filing
Documents which can be provided at a later time after filing
Notes
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| Pharmaceutical Data Exclusivity Laws | Available – Malaysia has implemented DE since 2011 for undisclosed, unpublished and non-public domain pharmaceutical test data.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 Proceedings | Available under Section 55A of Patents (Amendment) Act 2022, however the same has yet to come into force. | |||||||||
| Term of Patent Protection | 20 years | |||||||||
| Patent Term Extension | Not available | |||||||||
| Restoration of Lapsed Patent | Within 12 months from date of notice of lapsing of a patent is published in the Intellectual Property Office Journal. | |||||||||
| Parallel Imports | Available | |||||||||
| Other Forms of Patents | Utility innovation (UI): UI does not require inventiveness. A maximum of one claim is permitted. The type of protection for UI is as per protection granted for a patent application. | |||||||||
| 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 |