What is a patent?

A patent is a form of legal protection given to new inventions. The owner of the patent is granted the exclusive right to exploit, assign and license the patented invention.

What can be patented?

An invention, which may be either a product or process, may be patented so long as it fulfills the following requirements:

  • It is new;
  • It involves an inventive step; and
  • It is industrially applicable

However, there are some inventions which are excluded from patentability under Malaysian law, such as discoveries, scientific theories, mathematical models, and methods for doing business. A full list of exclusions can be found in the Patents Act 1983.

How long does registration take?

From the time your application is filed, it takes about 5-7 years for the patent to be granted (assuming a regular substantive examination). If you qualify for modified substantive examination, the time for the patent to be granted can be reduced.

How long is the duration of a patent?

Once granted, the maximum validity of a patent is 20 years from the date of filing. It should be noted that the patent has to be renewed annually, commencing on the 2nd year after grant, to keep it valid. You may keep renewing the patent until the maximum of 20 years from the date of filing.

Does Malaysia accept priority applications?

Yes, Malaysia has ratified the Paris Convention. Priority applications are accepted as long as they are filed within 6 months from the date of the priority application.

Does Malaysia Accept Pct Applications?

Since 16 August 2006, Malaysia has accepted PCT applications. If you are a citizen of, or incorporated in Malaysia, or if you are otherwise residing in Malaysia, you are entitled to file a PCT Application. The advantage of the PCT application is that it allows you to claim prospective patent rights in up to (currently) 137 countries in the world, for up to 30 months.

If you would like a more comprehensive fact sheet which lists down the filing requirements as well as the costs of registering a patent, click here.