Patent Application Encyclopedia

• Licensing Fee: None.
• Annual Fee: A renewal fee is payable every 5 years. The payment of the annual fee can be postponed within a grace period of 6 months after the due date at the latest, but a 50% late fee will be charged at the same time.

4-5 years

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.

IPOM conducts formality examination of utility model patent applications, and only requires novelty and practicality for utility model patent applications.

UKRPATENT conducts formality examination and substantive examination of invention patent applications. The applicant needs to submit a request for substantive examination and pay the official fee within 3 years from the filing date.

The novelty grace period can be enjoyed within 12 months from the filing date/priority date in the following cases:

• Disclosures made by, or with the permission of, the applicant

• If the disclosure occurs in an officially held or recognized international exhibition

  Applicants should submit disclosure details when filing a patent application with MOIC.

If within 12 months before the filing of the design patent application, due to the disclosure of the designer or its former right holder, the novelty grace period can be enjoyed.

no

no

yes

none

A novelty grace period of 6 months prior to the filing date/priority date may be enjoyed in the following cases.

• Publication at official or officially recognized international exhibitions
• Malicious disclosure by a third party

A 6-month novelty grace period is available if the disclosure is caused by a third party in bad faith.

20 years

yes

yes

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.
• Validation of European Patent in EPO member states: 3 months from the date of European patent grant

yes. An invention patent application can be converted from an invention to a utility model before the granted, and the filing date of the first application shall be the filing date of the converted patent application.

IPOPHIL conducts formality examination and substantive examination of utility model patent applications, but only needs to meet the standards of novelty and practicality, and does not require inventive step.