If you’re planning to apply for a Malaysia patent, you need to know the process. It’s especially important for foreigners since you need to get a registered Malaysian patent attorney to perform the registration for you.
Here are some things you should know about filing a Malaysian patent:
The documents associated with your patent application should be in English or Bahasa Malaysia. But most applicants file their patents in English. If you use other languages, you need to submit an English or Malaysian translation within the set deadline.
To get a filing date, your patent should have the following:
The Registrar can request a certified copy of the Priority Document within a certain term. In most cases, it’s done within a month after filing the patent. You can also submit a signed original of a Power of Attorney within the formal examination.
Under the Intellectual Property laws of Malaysia, you don’t need to file an Assignment Deed if you aren’t the inventor. But you need to submit a statement that explains the method of deriving your right to the patent.
Applying means undergoing both formal and substantive examinations. You need to submit a request for substantive examination within 18 months after filing your application. You can choose between standard and modified substantive examination.
The former will let the MyIPO do the substantive examination of your patent application. They’ll search for applications of the same invention in other countries. You can only file for the latter if you have patents for the same invention in other countries.
A patent undergoing a modified substantive examination will have a simpler examination process. It checks the novelty and the specification of the foreign patent. But it doesn’t examine the inventive step as well as other formal requirements.
The patent will be valid for 20 years after its filing date, and you don’t need to pay a grant fee. To maintain your patent after this period, you need to pay annual fees. If you can’t make the payment on time, you can make a late payment within six months.
Take note, the average time to process a patent registration in Malaysia is three years.
Filing for a patent in Malaysia isn’t a simple task. With the information within this guide, you can make the process faster and get your patent grant sooner. Don’t forget to make an online search for patents in Malaysia to ensure that you’re not submitting a patent for an existing product. If you need to get professional help, please contact us for free consulation. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and international patent application.
Did you find this article useful? If so, read our other posts and learn about other IP laws, trademark and patent application.
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