Patent

Malaysia

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Inventions which satisfy the conditions of novelty, inventive step and capable of industrial application, are subjected to patentability.
Inventions not Patentable
15d82138a31a781568805770@_Worksheet_in_Malaysia_Patent.xlsx
Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
30 Months
Extended Deadline
2 Months
Patent of Invention
20 Years
Utility Model Patent
10 Years (two extension of 5 Years each can be permissible)
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
10 Pages
Basic Number of Claims
1 Claim
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
English
Translation required
Yes
Due date to file the translation
On Filing Date
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Notarized
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
Signed & Sealed
Home / Foreign Registration Certificate, with required translation
Certified
International Search Report (ISR), in case of PCT
Yes
International Preliminary Examination Report (IPEA), in case of PCT
Yes
Declaration of Ownership
Signed
Declaration of Nationality
No
Copy of Inventor's Passport
Yes
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
3 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
3 Months
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
48 -60 Months
Deadline to File the Reply
2 - 3 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
2 - 3 Months
Applicability of Examination
Yes
Time of Examination
Post-Publication
Time Frame from the Date of Application
2 Months
Deadline to File the Reply
1 - 2 Months
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
1 Month
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
No
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
N/A

OPPOSITION

Applicability of Opposition
N/A