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15219461683
Patents
Asian
Malaysia Patent Registration
Overview of Malaysian Patents
Invention Patent
  • Application channels

    1. Directly submit an application to the Malaysian Patent Office
    2. PCT pathway: Apply for entry into the national phase with the Malaysian Intellectual Property Office within 30 months from the international application date (starting from the earliest priority date for priority claims).
    3. Paris Convention pathway: Apply for priority within 12 months of the first application in China and file a patent application with the Malaysian Intellectual Property Office.

  • Application Language

    English

  • Duration

    20 years from the date of application

  • censorship

    Including preliminary examination and substantive examination. If there are no issues with the application documents, it will enter the preliminary review process; If correction is required, the applicant will have 3 months to make the correction. The Patent Office shall make the patent public 18 months after the priority date.
    Applicants must submit a substantive examination application within 18 months from the date of filing. If the applicant fails to submit, the patent application shall be deemed withdrawn. The Patent Office conducts substantive examination on the elements of invention in the Patent Act, which can be divided into three situations:
    The substantive review of improvements is generally completed within six months.
    Substantive examination of standards;
    The substantive review of the extension is generally completed within five to six years, and can be registered and announced after the review is approved.
    After entering the substantive examination procedure, the applicant may make corrections within 2 months. After successful patent authorization, the Malaysian Patent Office will issue a patent qualification certificate to the applicant.

Required Materials

1. Applicant's name, company registration number/personal ID card/passport number, and detailed address;

2. Inventor's name, ID/passport number, and detailed address;

3. If there is a discrepancy between the applicant and the inventor, a Statement Justifying the Applicant's Right to A Patent should be signed;

4. Basic documents of the invention, including the specification, claims, drawings, declaration, abstract (within 150 words) and other patent related documents;

5. Name and position of the signatory, and sign the power of attorney;

6. To claim priority, priority information must be provided, including priority date and patent application number;

7. PCT national phase applications should provide international public texts or PCT related information.

Application process

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industrial design patent
  • Application channels

    1. Domestic patent application.
    2. The Paris Convention grants priority for 12 months
    3. The Hague Agreement grants priority for 6 months

  • Application Language

    English

  • Duration

    The protection period of a design patent is 5 years from the date of application, and can be renewed 4 times for 5 years each time, with a maximum protection period of 25 years.

  • censorship

    Formal examination and substantive examination

Required documents

1. Applicant's name and detailed address (in both Chinese and English);

2. Company registration number shall be provided for company application, and passport number/ID number shall be provided for individual application;

3. Clear appearance view;

4. Sign the power of attorney.

Application process

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utility model
  • Application channels

    1. Submit the application directly to the Malaysian Patent Office;
    2. PCT pathway: Apply for entry into the national phase with the Malaysian Intellectual Property Office within 30 months from the international application date (starting from the earliest priority date for priority claims);
    3. Paris Convention pathway: Apply for priority within 12 months of the first application in China and file a patent application with the Malaysian Intellectual Property Office.

  • Application Language

    English

  • Duration

    The initial protection period of a utility model patent is 10 years, and it can be renewed twice for a period of 5 years, but the total protection period shall not exceed 20 years.

  • censorship

    Formal examination and substantive examination

Required documents

1. Applicant's name, company registration number/personal ID card/passport number, and detailed address;

2. Inventor's name, ID/passport number, and detailed address;

3. If there is a discrepancy between the applicant and the inventor, a Statement Justifying the Applicant's Right to A Patent should be signed;

4. Basic documents of the invention, including the specification, claims, drawings, declaration, abstract (within 150 words) and other patent related documents;

5. Name and position of the signatory, and sign a power of attorney (i.e. POA);

6. To claim priority, priority information must be provided, including priority date and patent application number;

7. PCT national phase applications should provide international public texts or PCT related information.

Application process

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The professionalism and experience of our attorneys, who are familiar with local patent laws and fluent in the local language, increases the chances of a one-time examination. We endeavour to gain an in-depth understanding of each case and build a strategy to deal with it on a case-by-case basis.
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