What is a Patent?
Patent and certificate for a utility innovation protect inventions that create new products or processes, offer advanced technical solutions to a problem, or whose improvement builds upon a known product or process.
How can we help you secure your patent & utility innovations?
Our team of Intellectual Property professionals handle and oversee a full range of matters relating to Patent and Utility Innovation Protection.
- ✓ Patent Searches
- ✓ Patent Drafting
- ✓ Patent Licensing
- ✓ Patent Portfolio Management
- ✓ Patent Renewal
- ✓ Patent Sale & Transfer
- ✓ Registration in Malaysia, ASEAN & Worldwide
Patent application procedure in Malaysia.
Prior Art Search
A prior art search is strongly recommended to assess the novelty and patentability of the invention. The search may be conducted via MyIPO’s IP Online portal or through Espacenet to identify existing patents and publications that may affect registrability.
Preparation and Filing
The application must include a detailed description of the invention, relevant drawings or diagrams, and claims outlining the scope of protection sought. Filings are accepted in Bahasa Malaysia or English, online via the MyIPO IP Online portal or in person at MyIPO Kuala Lumpur.
Formal Examination
Upon filing, MyIPO conducts a formal examination to verify that the application meets all prescribed formal requirements, including proper formatting, fees and documentation.
Publication
All patent applications are treated as confidential until 18 months from the priority date or filing date, after which the application is laid open for public inspection.
Request for Substantive Examination
A request for substantive examination must be filed within 4 years of the filing date — failure to do so lapses the application. The Patent Examiner then assesses the technical contents and conducts a worldwide search against the substantive requirements of the Patents Act and Regulations.
Grant and Publication
Upon successful examination and resolution of any objections raised, the patent is granted and a Certificate of Grant is issued. The granted patent is subsequently published in the MyIPO Official Gazette.
Annual Maintenance
Annual maintenance fees are payable to MyIPO commencing from the second anniversary of the filing date, escalating progressively each year over the 20-year term of protection. A six-month grace period applies for late payment, subject to a penalty fee.
Estimated timeline: the total time from filing to grant averages 4 to 7 years through the standard route. This may be shortened through participation in the ASEAN Patent Examination Co-operation (ASPEC) programme.
Eight sections organising every invention worldwide.
In Malaysia, the International Patent Classification (IPC) is used by the Intellectual Property Corporation of Malaysia (MyIPO) to categorize patent applications according to their technical field. Established under the Strasbourg Agreement of 1971 and administered by the World Intellectual Property Organization (WIPO), the IPC provides a standardized hierarchical system that organizes inventions into eight broad sections (A–H), covering areas from human necessities to electricity.
Human necessities
Performing operations; Transporting
Chemistry; Metallurgy
Textiles; Paper
Fixed constructions
Mechanical engineering; Lighting; Heating; Weapons; Blasting
Physics
Electricity
Claim foreign priority within 12 months.
Malaysia is a member state of the Paris Convention. An application for a Malaysian Patent may rely on a foreign priority if it is filed within twelve months from the foreign priority date in another member state of the Paris Convention.
One filing, 158 PCT member countries.
Malaysia acceded to the Patent Cooperation Treaty as of 16th May 2006 and the Treaty effectively came into force nationally on the 16th August 2006. A PCT application undergoes an evaluation according to a set of rules and regulations governed by WIPO and in agreement with 158 PCT member countries.
An application is equivalent to filing national applications in each designated country. The PCT is beneficial for applicants seeking to protect their inventions internationally.
Common questions.
Browse the FAQ library for in-depth answers on patent searches, drafting, prosecution, costs, and international filing.