How To Apply Patent In Malaysia

There are several information that the applicant or the patent agent needs to know in order to file a complete straightforward application.

How to apply patent in malaysia. The pct system enables the applicant to make a single application in malaysia the international application and then designate as many other countries that are involved in the pct. A patent is an exclusive right granted for an invention which is a product or a process that provides in general a new way of doing something or offers a new technical solution to a problem. The national patent application in malaysia must be filed within 12 months from the priority date. Term for filing a patent application in malaysia.

The restoration of the priority right is not stipulated. Filing a patent application in malaysia is not an easy task. The patent registration office is responsible for the administration processing and registration of patents and certificate for utility innovations. There s an international convention called the paris convention for the protection of industrial property which makes the application smoother.

To obtain a grant of a patent a pct application which establishes a filing date in all contracting states must be followed up with the step of entering into national or regional phases in order to proceed towards the grant of one or more patents. The applicant may convert an application for a patent into an application for a certificate for a utility innovation by filing a request to that effect and paying the prescribed fee within six months from the date of the examination report. Information on statute treaties time periods filing prosecution office actions applications and grants with respect to the malaysia patent system. Patents only apply regionally so if you want to sell your perfect coffee machine in malaysia and singapore you ll need to apply for a separate patent for each country.

A pct application by itself does not result in the grant of a patent since there is no such thing as an international patent. An application for a patent in malaysia must be filed with the patent registration office of the intellectual property corporation of malaysia myipo. A utility innovation is an exclusive right granted for a minor invention which does not require to satisfy the test of inventiveness as required of a patent. Utility patents and 2nd tier protection.

Malaysia is a convention country meaning that a malaysian application can be validly filed within 12 months from filing a priority application filed according to the paris convention for protection of industrial property. This article sets as a general guide to applicants on requirements and timelines for patent prosecution in malaysia. The converted application shall have the filing date of the initial application. There is no pct patent or international patent.