South Sea Pearl on the Maritime Silk Road
On May 31, 2019, China and Malaysia ushered in the 45th anniversary of the establishment of diplomatic relations between the two countries. As the first ASEAN country to establish diplomatic relations with China, Malaysia and China have maintained a stable and growing bilateral trade relationship. Located in the center of Southeast Asia, Malaysia is endowed with abundant natural resources. It guards the Malacca shipping route and connects the maritime ASEAN and the land ASEAN. The geographical advantage is very obvious. Coupled with its well-developed infrastructure and sound Western legal system, Malaysia has been listed by many Chinese investors as one of the preferred investment destinations for entering the Southeast Asian market in recent years.
Malaysia, as the third richest country in ASEAN, its economy is second only to Singapore and Brunei, and its urban population is as high as 70%. In terms of intellectual property protection, Malaysia has followed the sound legal system of the Commonwealth of Nations, joined the Agreement on Trade-Related Intellectual Property Rights (TRIPs Agreement), is a member of the World Intellectual Property Organization (WIPO), and was established in 2007. The special high court of intellectual property belongs to the ASEAN member countries with a relatively complete intellectual property protection system, second only to Singapore in terms of intellectual property protection, and can provide practical and reliable intellectual property protection for domestic and foreign investors. Our second stop in ASEAN came to Malaysia to talk about the patent applications in Malaysia.
Introduction to the Patent System in Malaysia
1. Types of Patent Protection in Malaysia
The types of protection provided for under the Malaysian Patent Act include inventions, utility models and designs.
2. Paths for Chinese applicants to apply for patents in Malaysia
Paris Convention, PCT International Application Entry into Malaysia, Direct Application
3. Review unit
Malaysian Intellectual Property Corporation, MyIPO, is an institution under the Ministry of Domestic Trade, Cooperatives and Consumer Protection of Malaysia. It has created a precedent in the global intellectual property industry. A strong guarantee in line with national conditions and people's conditions. In response to domestic and international intellectual property developments, the division was corporatized on March 3, 2003 under the name Intellectual Property Malaysia Corporation (PHIM). On March 3, 2005, Malaysia's first National Intellectual Property Day, the company's acronym PHIM was changed to MyIPO.
4. Submit your application
1) Time limit requirements: MyIPO recognizes priority restoration and accepts restoration requests for non-intentional reasons.
- via Paris Convention : within 12 months from the earliest priority date
- PCT international application entered into Malaysia: within 30 months from the earliest priority date
2) Language requirements: The official language of the patent application in Malaysia is English or Malay, and it is not allowed to submit the translation after filing the application in other languages.
3) Submission method: Paper submission or electronic submission is acceptable.
5. Formal examination:
MyIPO examines the formal requirements of patent applications ex officio.
6. Disclosure procedure
After 18 months from the date of the patent application or the priority date, MyIPO will publish the patent application in the patent journal for public inspection.
7. Substantive examination procedure
MyIPO conducts substantive examination of patent applications in two ways: standard substantive examination, and simplified improved substantive examination. In addition, applicants can use search or examination results from other ASEAN member states through the ASEAN Patent Examination Cooperation Program (ASPEC) to expedite the examination process of patent applications in Malaysia. An invention patent application in Malaysia can be converted into a utility model, and a utility model patent application can also be converted into an invention.
8. Authorization procedure
After the patent has passed the formality examination and substantive examination procedures, if the examiner believes that the conditions for granted are met, the patent right will be granted and a certificate will be issued. There is no authorized registrar fee in Malaysia.
9. Expedited procedures
Malaysia has an accelerated procedure for substantive examination, and those who meet the reasons for acceleration can obtain the patent right within 2 months at the earliest from the date of requesting accelerated examination. Reasons for expedited examination include: there is potential/continuous infringement, the invention has been publicly sold or is planned to be publicly sold within 2 years, the invention involves green technology, and the invention involves national or public interests, etc. This is similar to our priority review policy.
Advantages of a Malaysian Patent
1. Malaysian courts support remote virtual trials, which greatly reduces the cost of rights protection for foreign patentees;
2. The Malaysian government has always encouraged foreign capital to enter its domestic high-tech field and enjoys favorable policies. In industries encouraged by the Malaysian government, foreign investors can now own 100% of the equity. It is undoubtedly the investment method with the highest safety factor and the shortest return period to seize the opportunity in Malaysia's domestic high-tech field by obtaining patent rights.
Friendliness to Chinese applicants:
★★★★★
Gold content of patent rights:
★★★★★
The degree of perfection of the rights protection mechanism:
★★★★★
