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ARTICLE INDEX

General Information of Patent

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A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers
a new technical solution to a problem.




 
 

A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required
of a patent.

  

Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word "person" is
not limited to natural persons and thus also includes, for example, a company.

  



 
 



An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess
whether it meets the requirements of the Patents Act 1983.

 V

  
 

A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing,
using and/or selling the owner's invention in Malaysia without the owner's consent or permission.





A patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.

 


An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia (MyIPO), in Kuala
Lumpur or at one of the branch offices located in Sabah and Sarawak.

Applications, correspondence and enquiries should be directed to

The Registrar
The Patent Registration Office
Intellectual Property Corporation of Malaysia (MyIPO)
Unit 1-7, Ground Floor, Menara UOA Bangsar
No. 5 Jalan Bangsar Utama 1
59000 Kuala Lumpur
Tel: +603-22998400
Fax: +603-22998989

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ARTICLE INDEX

General Information of Patent

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For reasons of national interest and security, any Malaysian resident wishing to apply for a patent or certificate protection outside Malaysia
must first seek written authority from the Registrar. cowever, written authority is not required if a corresponding Malaysian
patent/certificate has been applied for, and a period of at least two months has elapsed since filing.

Section 62A : Contravention of Section 23A is an offence and is punishable (upon conviction) by a fine not exceeding 15,000 ringgit or
imprisonment for a term not exceeding two years, or both.

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Discoveries, scientific theories and mathematical methods;

Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-
organisms, micro-biological processes and the products of such micro-organism processes;
Schemes, rules or methods for doing business, performing purely mental acts or playing games;
Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal
body.

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For a patent to be granted an invention must be:

new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological
field of the invention; and
industrially applicable, meaning it can be mass produced.

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Patent Act 291 1983

Patent Regulations 1986
Patents (Amendment) Act A648 1986
Patents (Amendmend)Act A863 1993
Patents (Amendmend)Act A1088 2000
Patents (Amendmend)Act A1137 2002
Patents (Amendmend)Act A1196 2003
Patents (Amendmend)Act A1264 2006

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The applicant is required to file Form 1 together with the patent specification and fee of RM 200.00 when making an application. Within TWO
years from the filing date, the applicant is required to file Form 5 together with the fee of RM 700.00 to request for a substantive examination
of the application


  

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The applicant is required to state the title of the invention.

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The applicant is required to state the applicant¶s name. The name could either be a company¶s or an individual¶s or both.

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The applicant is required to state the inventor¶s name. A company¶s or an association¶s name cannot be used as an inventor¶s name. If the
applicant is not the inventor, the Statement Justifying the Applicant¶s Right to the Patent will have to be submitted.

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A local applicant is required to state the appointed agent if he is represented by one. For a foreign applicant, a registered Malaysian patent
agent is required for all applications.

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If there is more than one invention in the application, the applicant is required to divide the application into two or more applications. Each
divisional application shall be entitled to the priority date of the initial application.

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The applicant could request for a disclosure to be disregarded for prior art purposes in an accompanying statement. This provision is
applicable only when the disclosure of the same invention occurred within one year preceding the date of the patent application in Malaysia.

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The applicant could claim the right of priority of the date of filing of an earlier application. The earlier application must be filed not more than
12 months before the filing date of the application in Malaysia.

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The applicant has to complete the check list provided I this section.

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The applicant or appointed agent has to sign and state the individual¶s name (not the company¶s or association¶s name).

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(a) Request for grant of patent 200.00

(b) Claims
F1 F1
(i) for first ten claims Nil

(ii) for every additional claim 10.00 per claim

F2 F2 Declaration Of Withdrawal Of Application -

Entering National Phase

(a) for first ten claims

F2A F2A 200.00
(b) for every additional claim
10.00 per claim
500.00 per month
F2A F2A Request for reinstatement under Section 78OA
of delay
F5 F5 Request For Substantive Examination 700.00
F5A F5A Request For Modified Substantive Examination 450.00
Request For Deferment Of Filing Of Request For
F5B F5B -
Examination Or Provision Of Information
F5C F5C Request for Certified Copies or Extract 50.00
F5D F5D Request to Amend Register 50.00
F5E F5E Request for Reinstatement of Lapsed Patent 100.00
F5F F5F Request For Licence To Exploit Patented Invention -
Request to Convert Application for Patent into Application for
F5G F5G 200.00
Certificate for Utility Innovation or Vice Versa
F6 F6 Application For Recording Of Assignment Or Transmission 100.00
Application For Entry In Register That Any Person May
F7 F7 50.00
Obtain A Licence
Application For Cancellation Of Entry In Register That Any
F8 F8 50.00
Person May Obtain A Licence
Request For Recording Of Particulars Licence Contract In
F9 F9 100.00
Register
Request For Recording Expiry Or Termination Of Licence
F10 F10 Contract 75.00
In Register
F11 F11 Application for Compulsory Licence 75.00
Request For Amendment Of Decision Granting Compulsory
F12 F12 75.00
Licence
F13 F13 Request For Cancellation Of Compulsory Licence 75.00
F14 F14 Request For Grant Of Certificate For Utility Innovation 100.00
Application To Extend Term Of Certificate For Utility
F15 F15 100.00
Innovation
F16 F16 Request To Amend Application For Grant Of Patent 50.00
 F16A F16A Request To Amend Patent 50.00
F17 F17 Appointment Or Change Of Patent Agent -
F18 F18 Application For Registration Of Patent Agents 2000.00
F18A F18A Application For Registration As Candidate For Examination 100.00
F18B F18B Application To Re-Sit Examination 100.00
F19 F19 Application For Renewal Of Registration Of Patent Agents 400.00
F20 F20 Furnishment Of Address For Service 100.00
F21 F21 Request For Extension Of Time 200.00
Statement Justfying The Applicants Right To A
St.Just. St.Just. -
Patent/Certificate

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1. Copy of patent 30.00

2. Copy of search report 20.00

3. Examination of register 10.00 per hour

4. Certified copies or extract from Register 10.00 per page

5. Copies or extract from Register 2.00 per page

6. Fee for public inspection of information relating 10.00 per hour

to patent application

7. Certified copies or extract of any information :-

(a) for first five pages 100.00 per page

(b) for every additional page 2.00 per page

8. Annual fee for patent :

a) for second year 200.00

b) for third year 250.00

c) for fourth year 300.00

d) for fifth year 350.00

e) for sixth year 400.00

 f) for seventh year 450.00

g) for eighth year 500.00

h) for ninth year 550.00

i) for tenth year 600.00

j) for eleventh year 650.00

k) for twelfth year 700.00

l) for thirteenth year 800.00

m) for fourteenth year 900.00

n) for fifteenth year 1000.00

o) for sixteenth year 1200.00

p) for seventeenth year 1400.00

q) for eighteenth year 1600.00

r) for nineteenth year 1800.00

s) for twentieth year 2000.00

9. Surcharge for reinstatement 100 % of fee for year concerned

10. Surrender of compulsory licence 60.00

11. Surrender of patent 60.00

12. Annual fee for certificate for utility innovation :

(a) for third year 120.00

(b) for fourth year 160.00

(c) for fifth year 160.00

(d) for sixth year 200.00

(e) for seventh year 200.00

(f) for eighth year 240.00

(g) for ninth year 240.00

 (h) for tenth year 280.00

(i) for eleventh year 400.00

(j) for twelfth year 600.00

(k) for thirteenth year 700.00

(l) for fourteenth year 800.00

(m) for fifteenth year 1000.00

(o) for sixteenth year 1100.00

(p) for seventeenth year 1200.00

(q) for eighteenth year 1300.00

(n) for nineteenth year 1400.00

(r) for twentieth year 1500.00

13. colding of hearing 100.00

14. Certificate of grant of a patent 150.00

15. Certificate for a utility innovation 100.00

15A. Examination fee 100.00 per subject

16 Appeal against examination results 200.00 per subject

17 Extension of time (for every month or part of a 50.00 per month
month)
18 Surcharge for late payment of annual fee 100 % of fee for year concerned
19 Public search through computer 20.00 per hour
20 Computer print-out (Bibliography data) 5.00 per page
21 Permitted information (upon request)
100.00 for less than 10 pages and 5.00 for
the subsequent pages

22 Fee for preparing international application 2.00 per page


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1. Transmittal fee under Rules 14 and 19

of the Regulations under the Treaty :

(a) for the first 30 sheets 375.00

(b) for each sheet in excess 30 45.000 per sheet

sheets

2. Fee for the late furnished of 25% of the international filing fee prescribed under
transliteration for the purposes of the Treaty
international search

3. Fee for the late furnished of 25% of the international filing fee prescribed under
transliteration for the purposes of the Treaty
international publication

4. Late payment fee under Rule 16bis.2 (i) 50% of the amount unpaid fees ; or
of the Regulations under the Treaty
(ii) an amount equal to the transmittal fee ;

Whichever is the higher provided that the amount of

late payment fees shall not exceed 50% of the
international filing fee prescribed under the Treaty

5. Fee for complying with National 100.00

requirement in response to the
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Patent & Utility Innovation Administration and Examination
Manual
Guidelines for Patent Examination

The sample format of a patent specification

description, claims, drawing & abstract)

Patent Specification - Description

The invention/innovation should be clearly and completely described sufficient to enable a person having
ordinary skill in the art to carry out the invention. The description should preferably be described using the
following sequence of headings:

(i) "Title"

The title must clearly and concisely indicate the subject matter to which the invention/innovation relates
and must be the same as the title on the Request Form and Abstract.

(ii) "Technical Field"

This is a general broad statement describing the art or technology to which the invention/innovation
relates.

(iii) "Background Art"

This should include a summary of any background art known to the applicant which may be useful for
understanding the invention/innovation.

(iv) "Disclosure of Invention"

This normally includes a statement of the essential and optional features of the invention and any
advantages of the invention or innovation over the known art.

(v) "Specific Example{s)" including a "Description of 'the Drawings" (if any) This should include a
description of the best mode contemplated by the applicant for carrying out the invention/innovation,
using examples where appropriate and referring to the drawings, if any.

(vi) "Industrial Applicability"

This should indicate explicitly, when it is not obvious from the description or nature of the invention, the
way in which an invention is industrially applicable. In most cases industrial applicability will be obvious
from the disclosure of the invention and the specific examples. cowever, in some cases, e.g. where the
invention is a new chemical compound, its industrial application may not be obvious.

Patent Specification - The Claims

(R13,R14) The major function of the claim or claims is to clearly define the scope of protection granted.
The claims must be clear and concise and must be supported by and agree with the invention/innovation
disclosed in the descriptive part of the patent specification.

The claims are probably the most important part of the patent specification and, because of their legalistic
nature, are probably the most difficult to prepare. For example, it is possible for the patent specification to
describe a commercially successful invention but, because of poor or incorrect drafting, the claim (s) may
be invalidated because they are drafted too broadly resulting in a lack of newness or inventive step or,
conversely, the claims may be drafted too narrowly thus making it easy for competitors to benefit from the
invention without infringing the claims.

The claims should commence on a new page and each claim should be written as a single sentence.
Whenever appropriate the claim should define the invention/innovation first by indicating the background
prior art, followed by a "characterising" portion which defines the features of the invention/innovation
which, in combination with the prior art features it is desired to protect. Each technical feature mentioned
in the claim (s) and illustrated in the drawings should, wherever possible, be followed by its reference
numeral i parenthesis. Only one claim is allowed in a utility innovation specification whereas a plurality of
claims are allowed in a patent specification. cowever, the claims of a patent specification must relate to
the same invention. An example of a set of patent claims can be found at Sample of Patent Specification.

Patent Specification - Abstract

(R 16) The abstract is a summary of the disclosure contained in the description and claims and should be
so drafted that it constitutes an efficient instrument for the purposes of searching in a particular technical
field. It should not contain statements on the alleged merits or value of the invention/innovation. An
example of an abstract can be found at Sample of Patent Specification.

The abstract should commence on a new page with the title of the invention and should be as concise as
the disclosure permits (preferably not more than 150 words). The applicant should indicate which figure of
the drawings (if any) should accompany the abstract, prefelubly ill brackets at the end of the abstract.
Each main technical feature mentioned in the abstract and illustrated in the drawing should be allowed by
its reference numeral between parenthesis.

NOTE :

Before preparing the description, claims and drawings of an application, potential applicant would be well
advised to conduct a search through previously published patent specifications and technical literature in
the appropriate area of technology for the purpose of obtaining an indication of the newness of the
alleged invention or innovation.

 



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1. The following is a summary of the physical and terminology requirements relating to the preparation of patent/utility innovation certificate
application documents:

2. The applicant should use the official forms available from the Patent Registration and Branch Offices. For example, the "Request for Grant
of a Patent" should be made on Form 1, and the "Request for a grant of a Certificate for a Utility Innovation" should be made on Form 14.

Physical Requirements

i) Unless provided otherwise, the application and any accompanying statements or documents shall be filed in duplicate, but the Registrar
may require that they be filed in more than two copies.

ii) All documents of the application shall be so presented as to admit of direct reproduction by photography, electrostatic processes, photo
offset and microfilming.

iii) All sheets shall be free from cracks, creases and folds and only one side of each sheet contained in the application shall be used.

iv) All documents of the application shall be on A4 paper (29.7cm x 21 cm) which shall be strong, white; smooth, non- shiny and durable.

v) Not with standing sub-regulation (4), the Registrar may accept sheets of sizes other than A4.

vi) The minimum margins of sheets shall be 2 cm.

vii) All sheets shall be numbered at the top of the sheet, in the middle, in consecutive Arabic numerals.

viii) The text matter of the application shall be typed or printed in a dark, indelible color and in at least 1 1/2 line spacing, but graphic symbols,
chemical or mathematical formulae and certain characters may, if necessary, be hand written or drawn.

ix) In the application, every fifth line of each sheet of the description and the claims shall be numbered in Arabic numerals placed to the left of
the relevant lines but to the right of the margin.

x) The application and any associated statement or document shall be filed in the National language or in English

Measures, Terminology and signs:

i) Units of weight and measures shall be expressed in terms of the metric system.

ii) Temperatures shall be expressed in degrees Celsius.

iii) Densities shall be expressed in metric units.

iv) For heat, energy, light, sound, and magnetism, as well as for mathematics formulae and electrical units, the rules of international practice
shall be observed.

v) For chemical formulae, the symbols, atomic weight, and molecular formulae in general use shall be employed.

vi) In general, only such technical terms, signs and symbols as are generally accepted in the field in question should be used.

vii) The terminology and signs shall be consistent throughout the application.

 


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1. The following is a summary of the physical and terminology requirements relating to the preparation of patent/utility innovation certificate
application documents:

2. The applicant should use the official forms available from the Patent Registration and Branch Offices. For example, the "Request for Grant
of a Patent" should be made on Form 1, and the "Request for a grant of a Certificate for a Utility Innovation" should be made on Form 14.

Physical Requirements

i) Unless provided otherwise, the application and any accompanying statements or documents shall be filed in duplicate, but the Registrar
may require that they be filed in more than two copies.

ii) All documents of the application shall be so presented as to admit of direct reproduction by photography, electrostatic processes, photo
offset and microfilming.

iii) All sheets shall be free from cracks, creases and folds and only one side of each sheet contained in the application shall be used.

iv) All documents of the application shall be on A4 paper (29.7cm x 21 cm) which shall be strong, white; smooth, non- shiny and durable.

v) Not with standing sub-regulation (4), the Registrar may accept sheets of sizes other than A4.

vi) The minimum margins of sheets shall be 2 cm.

vii) All sheets shall be numbered at the top of the sheet, in the middle, in consecutive Arabic numerals.

viii) The text matter of the application shall be typed or printed in a dark, indelible color and in at least 1 1/2 line spacing, but graphic symbols,
chemical or mathematical formulae and certain characters may, if necessary, be hand written or drawn.

ix) In the application, every fifth line of each sheet of the description and the claims shall be numbered in Arabic numerals placed to the left of
the relevant lines but to the right of the margin.

x) The application and any associated statement or document shall be filed in the National language or in English

Measures, Terminology and signs:

i) Units of weight and measures shall be expressed in terms of the metric system.

ii) Temperatures shall be expressed in degrees Celsius.

iii) Densities shall be expressed in metric units.

iv) For heat, energy, light, sound, and magnetism, as well as for mathematics formulae and electrical units, the rules of international practice
shall be observed.

v) For chemical formulae, the symbols, atomic weight, and molecular formulae in general use shall be employed.

vi) In general, only such technical terms, signs and symbols as are generally accepted in the field in question should be used.

vii) The terminology and signs shall be consistent throughout the application.

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(i) (S28) Determination of a Filing Date which is automatically conducted by the Patent Registration Office upon receipt of the application.

(ii) (S29) Preliminary Examination which is conducted automatically by the Patent Registration Office if the application is accorded a filing
date.

(iii) (S29A, S30) Substantive Examination which is only conducted following preliminary examination and following a request for examination
by the applicant, accompanied by the appropriate fee, within 2 years of the filing date.

,

 '
,

2. It is in the applicant's interest to obtain the earliest possible filing date for the application, because any disclosure, or any other Malaysian
patent application lodged, after the applicant's filing or priority date cannot be used to invalidate the newness of the application.

3. (S28, R25) The application will be accorded the date of receipt of the application as the "filing date" provided that the application contains:

(i) the name and address of the applicant

(ii) the name and address of the inventor

(iii) a description

(iv) a claim or claims; and

(v) that at the time of receipt of the application the prescribed fee has been paid. (Note that an additional fee is required for each claim in
excess of 10).

4. The applicant will be advised of any filing date deficiencies and given 3 months to correct them. Should there be any deficiencies, the
application will be accorded a filing date of the receipt of acceptable corrections.

5. Upon recordal of a filing date, the Office will forward to the applicant a certificate of filing.

V 43 
 
6. (S29) As indicated above, preliminary examination is conducted automatically by the Patent Registration Office if the application is
accorded a filing date.

7. (R26) The application will be examined to ensure that it satisfies the formality requirements of the regulations. These are detailed in
Regulations 5, 6, 7 (1 ), 8, 9, 11, 18 and 51 and relate principally to non-technical matters such as the correct completion of the Forms, use
of correct sized paper, correct margins, and that the documents are suitable for reproduction by printing or microfilming. The applicant will be
advised of any deficiencies and given a period of three months within which to correct them.

!

43 
  !



8. (S29A, R27, R27A, R27B) Following preliminary examination an applicant may request substantive examination or, where a foreign patent
application for essentially the same invention as that of the Malaysian application has been granted in a prescribed foreign country, he may
request modified substantive examination.

9. (R27, R27A and R27B) The request for either substantive or modified substantive examination should be made by the applicant on Form 5
or 5A respectively, together with the prescribed fee, within 2 years from the filing date of the application.

10. [S29A (4)] A substantive examination request must be accompanied by information relating to the results of any search or examination
carried out on any corresponding prescribed foreign patent application. Informally, the applicant is encouraged to lodge foreign search and
examination results at any time, and also to lodge voluntary amendments which take into account the Malaysian legislation and any foreign
search or examination results.

11. [R27A(3)] A modified substantive examination request should be accompanied by a certified copy of any granted prescribed foreign
patent for essentially the same invention as that of the Malaysian application. It should also be accompanied by amendments to bring the
Malaysian application into substantial conformity (apart from matters of form) with the foreign granted patent.

12. It is important to note that in accordance with Section 29A(8) of the Act this 2 year period within which to file the substantive examination
request cannot be extended under Section 82. cowever, upon a request made by the applicant before the expiration of the 2 year period,
the time for requesting examination or providing corresponding foreign search/examination information may be deferred under section 29A(6)
of the Act on the ground that:

(a) a corresponding prescribed foreign patent has not been granted or is not available by the expiration of the 2 year period, and/ or

(b) prescribed foreign search and/or examination results are not available by the expiration of the 2 year period.

[R27B(2)] The prescribed period of maximum deferment is:

(i) 3 years from the filing date for requesting substantive examination;

(ii) 4 years from the filing date for requesting modified substantive examination;

(iii) 3 years from the filing date for providing corresponding foreign search/examination results.

According to subsection 29A(7), no deferment may be sought nor granted for a period greater than the 3 and 4 year periods referred to
above.

13. (S30, R27C) Under substantive examination the patent/certificate application will be examined with a view to reporting whether or not the
application complies with certain requirements of the Patents Act and Regulations. In particular, a prior art search report will be made and the
application will be examined for, amongst other things, compliance with the requirements for newness, inventive step, sufficiency of the
description and clarity of the claims.

14. The search by the Malaysian examiner will be made of previously published technical literature available to the examiner e.g. Malaysian,
United States, Japan, Great Britain, Patent Cooperation Treaty and European patent documents available in the patent Registration Office
library. The purpose of the search is to identify any documents published before the filing (priority) date of the application under examination,
which may be useful to the examiner in determining newness and/or inventive step of the alleged invention defined by the patent application
claims.

15. (S30, R27D) Modified substantive examination to some extent formalizes the above informal practice under substantive examination for
the examiner to make use of any search and examination already carried out by a foreign Patent Office on a corresponding foreign patent
application. Under modified substantive examination the Malaysian examiner principally reports on the conformity between the Malaysian
patent/certificate application and the foreign granted patent and is not required to conduct a prior art search (except in special circumstances)
or examine the application for compliance with, for example, the requirements for inventive step, plurality of invention, sufficiency of the
description or clarity of the claims.

16. [R27C (4) and (6); R27D(5) and (7)]. Should the Examiner find that the application is not in order for grant following substantive or
modified substantive examination, then the applicant will be provided with an adverse report setting out what requirements have not been
complied with. The applicant will be given a period of three months within which to respond to the report, either by argument or by amending
the application. The application must finally comply with the requirements of the Act and regulations within five years from the filing date of
the application.

2+ 

1. (S31 to S35) When the application complies with the requirements of the Act and Regulations, the Registrar will grant the patent, or will
issue a certificate for the utility innovation in the case of a utility innovation.

2. After grant, any person may obtain a copy of the patent specification from the Patent Registration Office and may also inspect the Register
and the patent/certificate application file.

3. A patent or certificate gives the owner thereof the right to exclude all others from using the invention or innovation in Malaysia for a period
of 20 years from the date of filing in the case of a patent or 10 years (extendable to 10 + 5 + 5 years subject to use) in the case of a
certificate. To keep the patent/ certificate in force the owner is required to pay annual renewal fees.

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The following patent gazette by categories.

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To issue the Certificate of Filing within 7 days from the date of receipt of complete application.

To issue the substantive examination report within 4 years from the date of filing of application.

To issue the Certificate of Grant of Patent / Utility Innovation within 45 days from the date of receipt of payment.

To issue notice of renewal for patent and utility innovation 14 days from the date of receipt of payment.








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1993 215 169 503 15 37 52 155 138 :8=
1994 260 267 505 12 71 79 192 243 :$7
1995 336 268 542 27 48 61 194 277 :;<#
1996 285 323 483 31 76 103 178 322 :89
1997 151 138 196 13 32 45 82 132 ;87
1998 104 98 141 4 18 31 64 106 <$$
1999 132 112 191 9 21 49 68 139 ;
2000 61 59 110 8 19 42 36 70 =9<
2001 155 233 288 18 44 102 231 399 :=;9
2002 206 236 334 19 42 104 228 323 :=7
2003 224 242 396 28 38 119 190 341 :<;8
2004 325 377 625 25 50 132 321 492 :#=;
2005 333 452 600 30 82 164 316 531 :<98
2006 948 1,155 1,275 101 197 448 1,042 1,583 $:;=7
2007 1,179 1,213 1,748 109 221 407 883 1,223 $:78#
 2008 423 421 451 33 98 159 293 364 :=


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Note : International Patents Classification (IPC)

Section A : cuman Necessities

Section B : Performing Operations; Transporting
Section C : Chemistry ; Metallurgy
Section D : Textiles ; Paper
Section E : Fixed Constructions
Section F : Mechanical Engineering; Lighting; ceating; Weapons; Blasting
Section G : Physics
Section c : Electricity

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-5 +6 997

USA 1,474
Malaysia 1,234
Japan 749
Germany 375
Switzerland 265
United
237
Kingdom
France 203
Netherlands 182
Sweden 123
South
113
Korea

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USA 907
Japan 719
Malaysia 270
Germany 269
Switzerland 183
France 168
United
165
Kingdom
Netherlands 153
South
112
Korea
Taiwan 61

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Singapore, Cambodia, Indonesia, Malaysia, the Philippines, Lao PDR, Thailand, and Vietnam as ASEAN
Member States have launched an ASEAN Patent Examination Co-operation (ASPEC) programme. It is
the first regional patent cooperation programme.

The purpose of this programme is to share search and examination results between the participating
offices to allow applicants in participating countries to obtain corresponding patents faster and more
efficiently. The project will potentially reduce duplication for the search and examination work done,
thereby saving time and effort. Additionally, search and examination work done on corresponding
applications will serve as a useful reference in producing quality reports.

The programme commences on 15 June 2009.

Guidelines

ASPEC Request Form

Links to other participating ASEAN Member States:

Indonesia:

)110
0
0
Malaysia:

)1100
0
Philippines:

)110 0
0

Lao PDR:

)110 
0
0
Thailand:

)110
 0

Viet Nam:

)110 0
0
Cambodia:

)1100
0.
(Singapore:

)1100
0
)

For enquiries relating to the ASPEC project, please contact Mrs Shamsiah Kamaruddin, cead, Patent
Formality Section via telephone 603 2263 2100/2108 or email shamsiah@myipo.gov.my with the subject
heading ³ASPEC Project´.
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The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and
has the honor to notify him of the deposit by the Government of Malaysia, on May 16, 2006, of its instrument of accession to the Patent
Cooperation Treaty (PCT), done at Washington on June 19, 1970, amended on September 28, 1979, modified on February 3, 1984, and on
October 3, 2001.

The said instrument of accession contains the declaration that, pursuant to Article 64(5) of the said Treaty, Malaysia does not consider itself
bound by Article 59 of the said Treaty. The said Treaty will enter into force, with respect to Malaysia, on August 16, 2006.

V

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The PCT was concluded in 1970, amended in 1979, and modified in 1984 and 2001. It is open to States party to the Paris Convention for the
Protection of Industrial Property (1883). Instruments of ratification or accession must be deposited with the Director General of WIPO.

The Treaty makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an
"international" patent application. Such an application may be filed by anyone who is a national or resident of a Contracting State. It may
generally be filed with the national patent office of the Contracting State of which the applicant is a national or resident or, at the applicant's
option, with the International Bureau of WIPO in Geneva.

If the applicant is a national or resident of a Contracting State which is party to the European Patent Convention, the carare Protocol on
Patents and Industrial Designs (carare Protocol), the revised Bangui Agreement Relating to the Creation of an African Intellectual Property
Organization or the Eurasian Patent Convention, the international application may also be filed with the European Patent Office (EPO), the
African Regional Industrial Property Organization (ARIPO), the African Intellectual Property Organization (OAPI) or the Eurasian Patent
Office (EAPO), respectively.

The international application is then subjected to what is called an "international search." That search is carried out by one of the major
patent offices appointed by the PCT Assembly as an International Searching Authority (ISA). The said search results in an "international
search report," that is, a listing of the citations of such published documents that might affect the patentability of the invention claimed in the
international application. At the same time, the ISA prepares a written opinion on patentability.

The international search report and the written opinion are communicated by the ISA to the applicant who may decide to withdraw his
application, in particular where the said report or opinion makes the granting of patents unlikely.
If the international application is not withdrawn, it is, together with the international search report, published by the International Bureau. The
written opinion is not published.

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The PCT created a Union. The Union has an Assembly. Every State party to the PCT is a member of the Assembly.
Among the most important tasks of the Assembly are the amendment of the Regulations issued under the Treaty, the adoption of the biennial
program and budget of the Union and the fixing of certain fees connected with the use of the PCT system.

Details concerning the PCT can be most simply obtained by consulting the Protecting your Inventions Abroad: Frequently Asked Questions
about the Patent Cooperation Treaty, the PCT Applicant's Guide and the PCT Newsletter, published by WIPO.
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Yes, any Malaysian national or resident can file an international application in Malaysia at
theIntellectual Property Corporation of Malaysia (MyIPO) as a receiving office.

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An international application shall contain:
i.a request (Form PCT/RO/101)
ii.a description
iii.one or more claims,
iv.one or more drawings (if any)
v.and an abstract

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The requirement to obtain an international filing date are as following :
a.The applicant must be a national or a resident of Malaysia,
b. The language of the international application must be in English,
c.The international application must contain:
i.an indication that it is intended as an international application,
ii.a request which has the effect of making all possible designation,
iii.the name of the applicant,
iv.a description of the invention,
v.a claim or claims

=0
 
  
The following fees are payable for an international application filed at MyIPO:
a.Transmittal Fee (MyIPO)
b.International Filing Fee (International Bureau)
c.Search Fee (International Searching Authority)

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a.Korean Intellectual Property Office
b.Australian Patent Office
c.European Patent Office

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A Malaysian national or resident can file his international application with the International Bureau of
WIPO which acts as a receiving office for nationals and residents of all PCT Contracting States.
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PCT application can be filed directly to MyIPO or via postal delivery.

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For further information on PCT, you can visit the WIPO web site at : http://www.wipo.int/pct/en/

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There are two ways in which an invention can be protected abroad. It can either apply directly to those countries of interest, or use the
Patent Cooperation Treaty (PCT international application).

The PCT is an agreement between countries that they will co-operate in order to ease the process of applying for patents in a number of
countries around the world. The system is administered by the World Intellectual Property Organization (WIPO) from its headquarters in
Geneva, Switzerland.

The PCT system enables the applicant to make a single application in Malaysia (the international application) and then µdesignate¶ as many
other countries that are involved in the PCT. The PCT system is a patent µfiling¶ system, not a patent µgranting¶ system. There is no PCT
patent or international patent.

V-

 


The Intellectual Property Corporation of Malaysia (MyIPO) acts as a Receiving Office. The PCT application should contain the following :

‡ a PCT Request form (PCT/RO/101)

‡ a description of the invention with claims, an abstract and drawings (if any)
‡ the appropriate fees.

All international applications file with MyIPO must be in the English language; as either a paper based application (in 3 copies) ; or an
electronic application (using WIPO's PCT-SAFE software).

Please visit the WIPO website for further information about WIPO's PCT-SAFE software (http://www.wipo.int/pct/en/).

The application form may be posted directly to us or hand delivery at our cead Office in Kuala Lumpur ; or lodge them at any branch Offices
in Sabah or Sarawak.

'

There are three main fees that must accompany the application. These are the transmittal fee, the international filing fee and the search fee.
The transmittal fee covers the work completed by MyIPO, the international filing fee covers the work completed by WIPO and the search
fee covers the work completed by an International Searching Authority (ISA).

MyIPO collects the transmittal fee but the two other fees are sent to the WIPO and ISA respectively. All fees must be paid in Malaysian
Ringgit (RM).



 !  +

An International Searching Authority (ISA) is to undertake an international search, that is, to identify any µprior art¶ or written material in
determining whether or not the invention is new. The results of the international search can help the applicant to evaluate his chances of
getting a patent in the countries that he designates.

 
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‡ Korean Intellectual Property Office (KIPO)

‡ IP Australia (Australian Patent Office)
‡ European Patent Office (EPO)

V
 
All applications are published usually eighteen months after the application date or priority date if the applicant claiming priority. WIPO
produces a journal called the PCT Gazette, which is published every week. It contains the summary page of all applications. The PCT
Gazette is also available on the WIPO Internet site.



 V 43 
 
If the applicant choose to have an international preliminary examination, an International Preliminary Examining Authority (IPEA) will
undertake it. The applicant must make a specific µdemand¶ , and should be submitted directly to the IPEA. The IPEA will examine the
application and send an international preliminary examination report which will give the applicant an opinion on whether his invention
suitable for a patent to be granted.

 
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‡ Korean Intellectual Property Office (KIPO)

‡ IP Australia (Australian Patent Office)
‡ European Patent Office (EPO)

 
 V 
The applicant has to enter the national phase in order his international application to proceed separately in any or all of the countries which
are party to the PCT. The applicant has up to 30 months after his priority date to enter the national phase in Malaysia.

  
  
V5)
‡ submit a copy of the international application in the English language
‡ pay the prescribed fee using Form 2A
Applications which entered the national phase shall comply with the requirements of the Malaysian Patents Act. The decision on granting
patents is taken exclusively by MyIPO in the national phase.

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!+,4+A

A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A
mark includes words, logos, pictures, names, letters, numbers or a combination of these.

A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular
trader.

' -5 !5'+,4+A

5
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 - A trade mark helps to identify the source and those responsible for the products and
services sold in the market.

- ' 
 - A trade mark enables consumers to choose goods and services with ease while
shopping.

B 
' 
 - Consumers choose a particular trade mark for its known quality.

 .

' 
 - Trade marks play an important role in advertising. Its normal for consumers to
make purchases based on continuous influence of advertising.

4 ' 
 - Established trade mark is a valuable asset. Trade marks may be licensed or
franchised.

V5+ -45'+,4+A+42!+5 

Trade marks registration provides for:

43+

- Registered trade marks owners have exclusive right to use their marks in trading.
They also have the rights to take legal action for infringement under the Trade Mark Law against others
who use their marks without consent. They can either take civil action or lodge complaints to Enforcement
Division for appropriate actions under the Trade Description Act 1972.

/
4 - Registration certificate issued by Registrar Office is a prima facie evidence of trade
mark ownership. A certificate of registration serves as an important document to establish the ownership
of goods exported to other countries.

,54!/6! +42!+5 2*4V+54-5 ?+5,

No, if protection of trade mark is required in other countries, it will be necessary to apply for registration
separately in each countries. cowever, a Malaysian application can be used a basis for claiming priority
in countries which are party to the Paris Convention and World Trade Organization (WTO).

,+5 5'+42!+5

Trade mark registration is valid for ten years from the date of application and may be renewed every ten
years.

56VV/6

Any person, whether Malaysian citizen or not, who is the owner of the trade mark used, or proposed to be
used, by him in the Malaysia, may apply for the registration of a trademark in this country.

55VV/6

?
&Applicants are advised to make search before submitting applications to avoid
applying for identical or similar to trade marks filed earlier. All searches can be done at Public Search
Room, MyIPO. A fee rate of RM10 per hour will be charged.


 '"<%- All applications must be made in Form TM5. Five copies of the completed
TM5 must be submitted together with the prescribed fee. For different marks, separate applications must
be filed.
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An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features such as the
shape and configuration of an article, or two-dimensional features, such as pattern and ornamentation. The design features must be
applied to an article by any industrial process or means of which the features in the finished article appeal to eye.


    


 
As claims are based on a "first-to-file" rule basis, filing of an industrial design should be made at the earliest possible time or before an
article is disclosed to the public. Prior disclosure will destroy the novelty of the design. So extreme care should be exercised to ensure
secrecy of the design.





 


 
A registered industrial design confers the owner of a registered design the exclusive right to make, import or sell or hire out any article to
which the design has been applied. Other users should obtain the consent of the rightful owner before using the design. The owner of a
registered design has the right to take legal action against an infringer within 5 years from the act of infringement.





 
A registered industrial design is given an initial protection period of 5 years from the date of filing and is renewable for a further two
consecutive terms of 5 years each.

3
  
 


 
An industrial design registered in Malaysia is only protected in Malaysia . In order to have your designs protected in other countries,
applications for registration will have to be filed within six month from the earliest date when it was first filed in any of the Paris Convention
member countries.

     
  
 


Anytime after the application has been filed. Applicants wishing to exploit the design in foreign markets may well wish to obtain
corresponding protection abroad.




 
Registered designs are open to public inspection and the details of the registration and the details of the registration are recorded in the
Register of Industrial Designs and published in the Government Gazette.


 

  
 

To be registrable an industrial design must be new at the date an application for its registration is filed. A design is considered be new
only if it has not been made available or disclosed to the public in any way whatsoever in Malaysia before the filing date of the application
and it is not on the record the Register of Designs.




3


 
The designs of certain types of article are specifically excluded from design registration. An industrial design is not registrable if: the
aesthetic appearance of an articles is not significant or the design features differs only in immaterial details;

it is a method or principle of construction;

the designs are contrary to public order or morality;
the designs of the articles concern exclusively with how an article functions; and
the designs of articles that are integral parts of other articles and whose features are dependent upon the appearance of other
article.


   



 
Only the owner of a design may apply to register the design, though an agent can be authorized to make application.
Where an applicant's ordinary residence or principal place of business is outside Malaysia, the applicant shall appoint an agent registered
in the Register of Industrial Designs Agent.


  
 



   
 

Filing an application to register a design requires:-
A completed application form (ID Form 1) in Malay or English;
 Six set of representations of the article to which the design is applied (drawings or photograph);
A statement of novelty in respect of the industrial designs to which the design is applied. (cowever a statement of novelty is not
required when registering wallpaper, lace or textile articles); and
Payment, in full, of the appropriate filing fee.


 

 
 
All application for the registration of industrial design must be lodge at the Industrial Designs Registry, Intellectual Property Corporation of
Malaysia.


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-



Copyright is the exclusive right given to the owner of a copyright for a specific period. Copyright protection in Malaysia is governed by the
Copyright Act 1987. There is no system of registration for copyright in Malaysia. A work that is eligible is protected automatically upon
fulfillment of the following conditions:-
sufficient effort has been expected to make the work original in character;
the work has been written down, recorded or reduced to a material form;
the author is qualified person or the work is made in Malaysia or the workis first published in Malaysia


,-

V



Works eligible for protection are;

literary works;
musical works;
artistic works;
films;
sound recordings;
broadcasts; and
derivative works

These works shall be protected irrespective of their quality and purpose for which they were created.

cowever, the copyright protection shall only extend to expression and not ideas, procedures, methods of operation or mathematical concepts
as such.

 5 -



Copyrights in a work vests initially in the author (writer, composer, maker of the work, etc). cowever, where the making of a work is made by
an employee in the course of his employment, unless there is any contrary agreement, the copyright in the work shall be deemed to vest in
the person who commissioned the work or the employer. The author's right is transferable by assignment, testamentary disposition or by
operation of law, in which case the assignee shall be the owner.




 


/
 : 

.

Generally, copyright in any literary, musical or artistic work shall subsist during the life of the author plus 50 years after his death. cowever, if
a work has not been published during the lifetime of the author, copyright in the work continues to subsist until the expiration of 50 years,
following the year in which the work was first published. In the case of a work with joint authorship, the life of the author who dies last is used
for the purpose of calculating the copyright duration of the work.

! +


The copyright in sound recordings shall subsist until the expiry of a period of 50 years computed from the beginning of the calendar year next
following the year in which the recording was first published or, if the sound recording has not been published, from the beginning of the
calendar year following the year of fixation.

?  


For the copyright in broadcasts, the duration shall continue to subsist until the expiry of a period of fifty years computed from the beginning of
the calendar year next following the year in which the broadcasts was first made.

'

The duration of the copyright in films shall continue to subsist for a period of fifty years computed from the beginning of the calendar year
next following the year in which the film was first published or first made available to the public or made, whichever is the last.

2 
.

Copyright in works of Government, Government organizations and international bodies shall continue to subsist until the expiry of a period of
fifty years computed from the beginning of the calendar year next following the year in which the work was first published.


 /
+

5-

5 
Generally, owners of copyright works in literary, musical or artistic works, films and sound recordings have the exclusive rights to control:

the reproduction of the works in any form (including photocopying, recording etc);
the performing, showing or playing to the public;
the communication to the public;
the distribution of copies to the public by sale or other transfer of ownership; and
the commercial rental to the public.

These exclusive rights apply irrespective of whether the works are copied partly or wholly. Thus, infringement of copyright occurs if the
person claiming can show that the defendant has done such an act. In other words, the burden of proof lies on the person claiming that
his/her work has been infringed.

-

 ?  


For the copyright in a broadcast, there shall be exclusive rights to control the recording, the reproduction, and the rebroadcasting of the
whole or a substantial part of the broadcast. The show or the play must be made in public and in a place where an admission fee is charged
for the whole or a substantial part of the broadcast either in its original form or in any way recognizably derived from the original. The
copyright in a television broadcast shall include the right to control the taking of still photographs from such broadcasts.

4 +



Economic rights are exercised during the period of protection. These rights are exercised by the owners while alive, and upon death, for a
period of 50 years by their heirs.

 +



Besides the economic rights, copyright protection also includes moral rights. The moral rights are basically the rights to oppose changes in
the copyright that could harm the reputation of the creator.


- 


-

 



The copyright in a work infringed when a person who, not being owner of the copyright, and without license from the owner, does or
authorizes any of the following acts:-

reproduces in any material form, performs, shows or plays or distributes to the public,
communicates by cable or broadcast of the whole work or a substantial part thereof either in its original or derivative form;
imports any article into Malaysia for the purpose of trade or financial gains;
makes for sale or hire any infringing copy;
sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy;
distributes infringing copies;
possesses, otherwise than for his private and domestic use, any infringing copy;
by way of trade, exhibits in public any infringing copy;
imports into Malaysia, otherwise than for his private and domestic use, an infringing copy;
makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies; or
causes the work to be performed in public


-

 

The Malaysian Copyright Act provides for a Copyright Tribunal whose function is to grant licenses to produce and publish in the National
Language a translation of a literary work written in any other language and arbitration of disputes relating to use of copyright works.