Novelty Grace Period for Invention Patent Application in Malaysia

Reinstatement of right of priority accepted on grounds of "unintentional".

no

Reinstatement of right of priority accepted on grounds of "unintentional".

3-4 years

If the invention is disclosed due to malicious disclosure by a third party, or due to the behavior of the applicant or its original right holder, or due to the application for a UK patent, the novelty grace period can be enjoyed 12 months before the filing date/priority date.

A utility model patent application in Malaysia can only contain one claim and is subject to formal and substantive examination. The applicant needs to submit a request for substantive examination within 2 years from the date of application. There is innovation in the product or process or an improvement on the existing product or process. It should be practical, no creativity required.

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.

no

2-3 years

• Authorization Fee: There is no granted registration fee.
• Annuity: The applicant needs to pay the annual fee year by year after the granted. The payment period is the granted date of the year. The annual fee can be paid within a grace period of 6 months if the annual fee is overdue, but a 100% penalty is required.