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MALAYSIA PATENTS SYSTEM

HIGHLIGHTS
Legal Basis

Patents Act 1983 effective 1 October 1986


Patents (Amendment) Act 1993 effective 1 August 1995
Patents (Amendment) Act 2000 effective 1 August 2001
Patents (Amendment) Act 2002 effective 3 March 2003
Patents (Amendment) Act 2003 effective 14 August 2003
Patents (Amendment) Act 2006 effective 16 August 2006

Patents Regulations 1986 effective 1 October 1986


Patents (Amendment) Regulations 1993 effective 1 August 1995

Major
international
treaties signed

Costs of obtaining
a patent

Average time to
obtain a patent

Official language
for patent
prosecution
Non-patentable
subject matter

Patent Cooperation Treaty (PCT) effective 16 August 2006


Paris Convention effective 1 January 1989
World Trade Organization (WTO) effective 1 January 1995
Agreement on Trade Related Aspects of Intellectual Property Rights

(TRIPS)

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12 to 30 months from PCT national phase entry


42 to 60 months from priority date for Paris Convention applications
Bahasa Malaysia or English

Discoveries, scientific theories and mathematical formulae


Plant or animal varieties, biological processes for the production of

plants or animals, micro-biological processes and the products


thereof
Schemes, rules or methods for doing business, performing purely
mental acts or playing games
Methods for medical treatment and diagnostic methods practised on
the human or animal body

Grace period for


prior disclosure or
sale

Major
prosecution
events

12 months before the Malaysian filing date


Disclosure must be made by the applicant

National Phase
Entry

: 30 months

Request for
Examination

: 24 months from the date of filing for Paris Convention


applications

48 months from the International filing date for PCT


National Phase entry
Renewals of patents : Every year
Filing and
prosecution
procedures

Stage 1: Filing
Stage 2: Formality Examination
Stage 3: Substantive Examination
Stage 4: Grant
Stage 5: Renewal/ Annuity

Extension of
office action
deadlines

May be filed only once for a maximum of 9 months for examination events

Necessary
document for
filing

Power of Attorney, Statement Justifying Applicant's Rights

Pharmaceutical
Data Exclusivity
Laws

Not available

Search and
Examination

The Patent Office conducts its own search and examination but favours
search and examination reports issued in prescribed countries such as US,
UK, Australia, Japan and South Korea as well as the prescribed regional
European Patent Office

Opposition term

Not available

Term of patent
protection

20 years

Patent term
extension

Not available

Restoration of
lapsed patent

Within 24 months from the date of lapse

Parallel Imports

Available

Other forms of patents


(e.g. Petty/innovation
patents)
Useful links

Utility innovation (UI): UI does not require inventiveness and maximum of one
claim is allowed

Patent Agents and Attorneys in Malaysia


www.myipo.gov.my

ENFORCEMENT OF PATENTS
HIGHLIGHTS
Infringement offence

Available

Specialized courts for IP

Available

Outline of the enforcement steps

Notice of Cease and Desist


Infringement lawsuit
Relief against groundless threats

Not available

Declaration of non-infringement

Available

Preliminary injunctions

Available

Time frame for various legal actions

Revocation - 1 to 2 years
Infringement proceeding - 2 to 3
years
Alternative dispute resolution

Mediation
Arbitration
Availability of damages and other relief for
infringement

Injunction
Loss of revenue
Account of profits

Civil remedies

Available (e.g. Restrain Order)

Criminal Sanctions

Not available

OTHER INFORMATION
Statistics of Patent Application and Granted Patent from 2003 to 2013
Year

Application
Domestic

Foreign

2003

376

4686

2004

522

2005

Granted
Domestic

Foreign

Total

5062

31

1547

1578

1920

5442

24

2323

2347

522

5764

6286

37

2471

2508

2006

531

4269

4800

187

6562

6749

2007

670

1702

2372

338

6645

6983

2008

864

4539

5403

198

2044

2242

2009

1234

4503

5737

270

3198

3468

2010

1275

5189

6464

204

1973

2177

2011

1136

5423

6559

335

2057

2392

2012

1160

5867

7027

308

2193

2501

1269

6081

7350

305

2386

2691

2013

Total

(Source: Intellectual Property Corporation of Malaysia)