Patent Application Encyclopedia

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.
• Validation of European Patent in EPO member states: 3 months from the date of European patent grant.

8 months

10 years

no

yes. The type of patent can be changed from invention to utility model within 30 days of receiving the grant/rejection decision, and the corresponding fee should be paid.

not applicable.

• Authorization Fee: None
• Annual Fee: None

The novelty of the invention will not be lost if the information about the invention is disclosed within 6 months before the filing date or the priority date if the following conditions are met:

• Disclosure due to apparent misuse by the applicant or its predecessor owners
• The invention is disclosed at an official or officially recognized international exhibition

4 years

• Grant fee: The applicant shall pay the patent announcement fee and granted fee within 3 months after receiving the patent granted decision.
• Annuity: payable year by year from the first year onwards from the application date. The first annual fee should be paid within 4 months after the patent grant. If the annual fee is overdue, the payment can be postponed within the 6-month grace period after the expiration of the period, and a 50% penalty must be paid at the same time.

no

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

no

10 years

IPOPHIL conducts formality examination only for design applications.

• via Paris Convention : 12 months from earliest priority date.
• PCT filing route: 30 months from the earliest priority date.

MyIPO conducts formality 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 granted conditions can be authorized.