PCT National Phase Entry
Deadlines: Within 30 months from the priority date. English is the working language. Reinstatement is possible if the miss was unintentional and the request is filed within the earlier of 12 months from the 30?month date or two months from removal of the cause, with fees.
Documents: Applicant has to submit a request with PCT bibliographic data (description, claims, abstract, and drawings), and any Article 19/34 amendments; POA may follow during formalities.
Priority Document: Does not require filing a separate priority document at national phase. A copy of the priority document and a translation (if it is not in English or Bahasa Malaysia) is required only if requested.
Conventional Priority Entry
Deadlines: Within 12 months from the earliest priority date. It is possible to request for restoration of a priority right if the application is filed within 2 months from the deadline.
Documents: Form 1 (patent) with Specification (description, claims, drawings, and abstract); applicant/inventor details; signed POA may be filed after filing and originals may be requested during formality examination; Notarized deed or Assignment (if applicant differs from inventor).
Priority Document: A certified copy of the priority document must be filed, and if the priority document is not in English or Bahasa Malaysia, an English or Bahasa Malaysia translation is required.
Utility Invention (UI)
Deadlines: For any new and industrially applicable "minor" innovations, and limited to a single claim, focusing protection on the core improvement. Granted as a certificate with a renewable 10 + 5 + 5 year term. An application can be converted between patent and UI within prescribed periods.
Documents: Form 14, Specification (title, description, claims, abstract, any drawings) in English or Bahasa Malaysia; Power of Attorney on Form 17 to appoint a local agent, inventor declaration/entitlement (Form 22), and assignment from inventor if the applicant differs.
Priority Document: A certified copy of each priority document (if claiming Paris priority) and translation into English or Bahasa Malaysia, ?if the original is another language.
Other Requirements
Languages: Official language is English or Bahasa (Malaysia). Other foreign languages require both English and Bahasa (Malaysia) translation.
Power of Attorney: Malaysia requires appointing a local patent agent for non?resident applicants using Form 17 and signed PoA. Can be filed in response to a formalities report with a 3?month period to comply. For PCT, one month after filing. Notarization nor legalization is not required.
Declaration of Inventorship/Assignment Deed: Form 22 for a statement justifying the applicant's right, with checkboxes for "by virtue of employment," "by virtue of assignment," or "others," signed by the applicant or agent. Can be filed together with or shortly after filing. A separate assignment is only needed if you want to record a transfer of rights or asked for by the Patent Office.
Family Patent Information: Does not require a special "family information" form instead, family-related data is provided through the priority claim.
Substantive Examination Request: A separate request for examination is mandatory, and offers two routes: Substantive Examination (Form 5) and Modified Substantive Examination (Form 5A) when a corresponding patent has been granted by EP, GB, US, JP, KR, or AU. Expedited examination (Form 5H) is also available after filing a request for examination with grounds such as national/public interest, infringement, commercialization, government funding, green technology, or other reasonable grounds.
Patent Validity: Standard patent receives 20?year term, UI's receives 10+5+5 structure term.
Annual Maintenance: Annuities are due after grant; the first annual fee is due one year from the grant date, and subsequent fees are due each year on the grant anniversary, with a six?month grace period subject to 100% surcharge.
Working Statement: Does not impose a periodic "working statement" filing.
REFERENCE GUIDE (MALAYSIA) PATENTS - THE PROCESS
FEE SCHEDULE PATENTS
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