Guide for Malaysia Patent Application Process

20 years

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.

MyIPO conducts formal examination and substantive examination of invention patent applications. For patent applications under the via Paris Convention , the applicant must submit a request for substantive examination within 18 months from the date of application; The request for substantive examination shall be submitted within 48 months from the filing date. Applicants can choose between standard substantive examination or improved substantive examination. In the standard substantive examination, the Malaysian Patent Office will conduct a search and substantive examination of the application, taking into account search and examination results from Australia, the United Kingdom, the European Patent Office, Japan, Korea and the United States for the invention. Modified substantive examination can only be filed if the patent has been granted in Australia, the United Kingdom, the European Patent Office, Japan, Korea or the United States. In improved substantive examination, applications for substantive examination are subject to a simplified examination process. Examine the novelty of the application, the statutory patentable matters, and the degree of conformity with the foreign patent specification, and the patent application that meets the authorization conditions can be authorized.

If the invention is disclosed by a third party maliciously, or by the behavior of the applicant or its original right holder, and by the application for a UK patent, the novelty grace period can be enjoyed 12 months before the filing date/priority date

3-4 years

• Authorization Fee: There is no authorization registration fee.
• Annuity: The applicant needs to pay the annual fee year by year after the authorization. The payment period is the authorization date of the year. The annual fee can be paid within a grace period of 6 months if the annual fee is overdue, but a 100% penalty is required.

Reinstatement of right of priority accepted on grounds of "unintentional".

no

yes. An invention patent application may submit a conversion request within 6 months from the date of issuance of the examination report and pay the corresponding fee. The converted application has the same filing date as the original application.