PATENT

In Malaysia, patent applications are filled with the Intellectual Property Corporation of Malaysia (MyIPO) under the Patents Act 1983 and its corresponding regulations.

Criteria For Patent To Be Granted

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Novelty

The invention must be new and not publicly disclosed anywhere in the world before the filling date of the patent application.

Inventive Step

The invention must involve an inventive step, meaning it must not be obvious to a person skilled in the field of technology.

Industrial Applicability

The invention must be capable of industrial application, meaning it can be made or used in any kind of industry.

Patent Application Process

Patent Application Process Step 1

Patent Novelty Search

Before filing a patent application, it is advisable to conduct a preliminary search to determine if the invention is novel and does not already exist in prior art. This step helps assess the patentability of the invention and minimizes the risk of rejection.

Patent Application Process Step 1

Patent Application Process Step 2

Drafting Patent Specification

A patent specification includes a detailed description of the invention, claims defining the scope of protection sought, drawings (if applicable), etc.

Patent Application Process Step 2

Patent Application Process Step 3

Filling The Application

To initiate the patent application process, an applicant must submit a complete application to the Intellectual Property Corporation of Malaysia (MyIPO). The application should include the patent specification, and any necessary supporting documents.

Patent Application Process Step 3

Patent Application Process Step 4

Formal & Substantive Examination

Once the application is received, MyIPO conducts a formal examination to ensure it complies with the necessary requirements and formalities. This examination focuses on verifying the completeness of the application and adherence to prescribed guidelines. After the formal examination, the application proceeds to the substantive examination stage. Here, the patent office examines the patentability of the invention, including its novelty, inventive step, and industrial applicability. This examination is carried out by a patent examiner who assesses the technical aspects of the invention.

Patent Application Process Step 4

Patent Application Process Step 5

Publication

The patent application will be published in the Malaysian Patents Gazette after 18 months from the filing date or the priority date, whichever is earlier.

Patent Application Process Step 5

Patent Application Process Step 6

Grant Of The Patent

If the examiner is satisfied that the patent application meets the mentioned criteria, the patent will be granted. The applicant will receive a patent certificate and the patent will be enforceable for a maximum of 20 years from the filing date.

Patent Application Process Step 6

Patent Application Process Step 7

Opposition Proceedings

After grant, any person may file a post-grant opposition within a prescribed period. If an opposition is filed, both parties will have an opportunity to present their arguments, and the decision will be made by the Registrar of Patents.

Patent Application Process Step 7

Patent Application Process Step 8

Payment Of Annuity Fee

Granted patents need to be maintained by paying annuity fees. Failing to do so may cause the patent to lapse.

Patent Application Process Step 8

It’s important to note that this is a general overview of the patent application process in Malaysia, and there may be additional requirements and specific procedures that need to be followed. Kindly contact us or any patent agent for detailed guidance and assistance throughout the application process.