Malaysian patent application

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Release time:2016-05-12

Detailed description of 1. Malaysian invention patent applications

1. Application stage

Obtain application date and application number

2. Preliminary audit

Check the statutory requirements items and documents

3. In-depth review

This application must be made within 18 months (or within 2 years for PCT National Phase Entry) (or another request for suspension-otherwise the application will be deemed to be automatically abandoned)

An in-depth review of the amended document may also be requested, but the amended document must have been successfully patented in the United States/European Community/United Kingdom/Australia/Japan/South Korea.

 

Findings of the in-depth review:

Result 1: Application for rejection

If the application is opposed, a decision must be made whether to appeal or to abandon it. If MyIPO persists in its opposition after the appeal, it can appeal to the Supreme Court of Malaya.

Outcome 2: Application approved

Obtain a patent certificate

 

4. Annual fee stage

After registration, the term of protection of a patent is 20 years from the date of filing. Annual fee must be paid for each year

 

Time required for patent application

It takes 5 to 8 years from the date of application to obtain a patent certificate:

1) Applications for in-depth review must be submitted within the first 18 months (2 years for PCT National Phase Entry) (or at the same time as the application)

2) Next 2 to 4 years to obtain review report

3) The next need 1 to 2 years to obtain a patent certificate

 

Accelerated registration can be requested if eligible. However, an affidavit must be provided stating the reasons for the acceleration and the payment of the relevant fees.

Applicants may request an expedited procedure. An affidavit must be provided stating the reasons for expediting and the associated costs. In general, MyIPO accepted for the following reasons

1. National/public interest

2. The infringement case has been tried in court or there is evidence of infringement.

3. The applicant has, or within two years of the submission of the accelerated application, introduced the invention to the market.

4, is the government or the relevant authorities to provide aid conditions.

5. Products related to environmental protection

6. Other reasonable reasons

However, MyIPO has the final say on whether to approve the accelerated registration.

 

Introduction of 2. Utility Model Patents

Applicable: simple product design.

Protection period: 10 years of protection, counting from the date of application; It can be extended twice for 5 years each time.

Review system: review system.

A request for entity review is filed within 2 years from the date of application, otherwise the application will be extinguished.

A utility model patent is limited to one patent term.

Review time: 12 to 24 months.

Annual Fee: An annual patent fee is required to maintain the validity of the patent.

Priority: International priority is acceptable.

 

Introduction of 3. appearance patent

Application: Involving product appearance, shape, pattern, color.

Protection period: 5 years from the date of application, can be extended for two five years; a total of 15 years.

Review system: review system.

Review time: 10 to 12 months.

Annual Fee: An annual patent fee is required to maintain the validity of the patent.

Priority: International priority is acceptable.

 

4. questions about applying for a patent in Malaysia:

What are the conditions for applying for patent registration in Malaysia?

a) Novelty: Not publicly released in the world

B) Creativity: Practical features of breakthroughs and significant improvements over existing technology

c) Practicality: It can be manufactured in large quantities by industrial means.

 

If you only meet the conditions of A and C (novelty and practicality), you can choose to apply for utility model in Malaysia.

 

What technology cannot be patented in Malaysia?

a) Discovery, scientific theory, mathematical method

B) a plant or animal species; or a purely biological process of making an animal or plant

c) Business methods and rules

d) Methods of treatment and diagnosis of human or veterinary diseases

 

Why register a patent?

Patent protection ensures your market position. Once you discover that a patent has been copied, you can take legal action. Patents can add value to your technology. Most investors, business groups, partners, and customers are quite willing to invest in technology with registered patents.

 

4) If the technology has been publicly published, can you still apply for registration in Malaysia?

You can. You must apply in Malaysia within 12 months of being made public.

 

Five), is it necessary to file a patent application in Malaysia before applying abroad?

If the inventor (or one of them) is a Malaysian citizen, the applicant must first apply in Malaysia (it will take 2 months to apply abroad).

 

6) In order to file a patent application for approval in Malaysia, what materials need to be provided:

a) Complete set of patent documents (in English or translated into English)

B) Name and address of the applicant

c) Name and address of inventor

 

7) What if I am late in filing a PCT National Phase application?

The application must be accompanied by a written explanation of why the application cannot be made within 30 months on time. If MyIPO's acceptance of overdue is not intentional, it will accept the application.

Late applications must be made within 12 months after the 30-month deadline.

Overdue fees are payable for each overdue month.