Businesses are competing with advanced products and services in Malaysia’s growing market. It is appreciated to be innovative and create something that has the potential to interrupt the market. Essentially it is your intellectual property, it is critical to obtain a patent if you make a unique revolution.
To understand the patent registration process in Malaysia, let us have a look.
Malaysia follows a first-to-file system and keeping that in mind you have to file first to ensure your invention gets a patent before someone else can come up with an undistinguishable invention. To register a patent in Malaysia, the applicant can apply online through The Intellectual Property Corporation of Malaysia (MyIPO).
A utility patent and design patent are the two types of patents in Malaysia. Some requirements need to be considered before obtaining a patent, those are:
The development/invention is a patentable topic: Not everything that you need a patent for is available for licensing. Patentable developments/inventions include machines, toys, clinical gadgets, apparatus, drugs, new assembling measures or mechanical techniques, programming, organic material, and business strategies.
Novelty: Anything that is as of now available in the market cannot be allowed. It must be something new to the public to qualify for a patent. When you apply, it is tried for Novelty.
Utility: Whatever the development is, it has to be practical and should be useful universally. The utility necessity will fail if it flops to do what it claims.
Various inventions are not qualified for a patent, and these include patents that go against the public interest, mathematical methods, discoveries, scientific methods, treatment of animals and humans, plant varieties,
There are two types of patents:
Patents, like everything else in the world, have complexities. You need to search for presently registered patents to comprehend the types of patents and the possible reasons for rejection. If you are inexperienced or new, it is suggested to use a patent search service by a registered attorney.
Application has certain elements which can’t be missed, if any of them is missed then a notice may be sent to the applicant to complete the application.
The term for filing a patent application in Malaysia claiming conventional priority is 18 months from the priority date.
The application requirements are:
Patent applications in Malaysia undergo preliminary and substantive examinations. The substantive examination must be requested, and the official fee must be paid within two years from the filing date in Malaysia. If the request is not filed and/or the examination fee is not paid in due time, the applicant will have 2 months from the notification by the Office to request examination and pay the fee alongside the supplement.
If there is an issue with the application or the examiner requires additional paperwork, the applicant is notified and enough time will be given to respond. If you do not respond, your application will be rejected.
The application is published in the Registry, if it is accepted and no official action is taken, or if all of the questions are answered correctly.
Any party can file an opposition during the time of publication within a defined time. In case of filed opposition, the applicant is given time to respond consequently. If the applicant flops to respond, the application may be unrestricted.
If there is no opposition or if any opposition is resolved, the patent is granted and a notice is sent to the applicant.
The complete patent procedure in Malaysia takes around 2-3 years from the date of the investigation request.
Depending on the complications and authorities involved, the cost varies. The cost of obtaining a patent in Malaysia is approximately $2,000, but can increase or decrease according to the case.
A patent in Malaysia lasts for 20 years calculated from the filing date. A grant fee for patent registration in Malaysia is due within four months from the Notice of Allowance.
Maintenance fees are paid in advance, on or before the filing date’s anniversary. On request, a 6-month grace period can be granted, but a late payment cost must be paid.
It is vigorous for businesses to understand the level at which a patent protects the owner’s invention(s). It benefits in forming validity and uniqueness.
At Patent International, we offer hassle-free Patent services personalized to your desires and following international norms and requirements. Patent registration in Malaysia does not have to be difficult, which is why Patent International is here to help you with all of your intellectual property requirements.
*What to do? How to do it? When to do it? Will it work?*
You’ve come to the right place if these are the questions that spring to mind when considering process a patent. At Patent International, we can answer these and other investigations. We promise client pleasure by providing a variety of patent services. Contact us right away for expert assistance and consultation!