Patent Filing Services in Malaysia
Country :- Malaysia |Capital:- Kuala Lumpur
Types of Major IP Rights
Patent Office
Unit 1-7, Ground Floor Tower B, Menara UOA Bangsar No. 5, Jalan Bangsar Utama 1 59000 Kuala Lumpur
Trademark Office
Unit 1-7, Ground Floor Tower B, Menara UOA Bangsar No. 5, Jalan Bangsar Utama 1 59000 Kuala Lumpur
Fact Sheet - PCT National Phase Malaysia
Filing Deadline
Filing Extension Available
Filing Language
Form Requirement
Mode of Filing
30 Months
No
English
POA –Form 17
Digital/Paper

Country :- Malaysia |Capital:- Kuala Lumpur

Patent Office
Unit 1-7, Ground Floor Tower B, Menara UOA Bangsar No. 5, Jalan Bangsar Utama 1 59000 Kuala Lumpur
Trademark Office
Unit 1-7, Ground Floor Tower B, Menara UOA Bangsar No. 5, Jalan Bangsar Utama 1 59000 Kuala Lumpur
Types of Major IP Rights
The Invention Patent, The Utility Model Patent and The Industrial Design Patent.
Fact Sheet - PCT National Phase Malaysia
Filing Deadline
Filing Extension Available
Filing Language
Form Requirement
Mode of Filing
30 Months
No
English
POA - Form 17
Digital/Paper
Fees for Patent Activities in Malaysia
Filing Fee
Professional Fee – preparing and filing application
Official Fees – filing application
Official Fees – additional claim after 10claims
Official Fees – Form 17 + SJAR
Disbursements
6% Sales and Service Tax
=
430
94
7.00 / Claim
52
50
28.80
-
Responding to office actions
Professional Fees
Disbursements
Attending to sealing of patent
Professional Fees
Disbursements
6% Sales and Service Tax
-
-
Based on time spent (at a rate of USD300 per hour)
50
-
380
50
25.80

* All the fees mentioned here is in US Dollars

Total Fee for Filing Stage
Request for Substantive Examination
Professional Fees
Official Fees
Disbursements
6% Sales and Service Tax
Request for Modified Substantive Examination*
Professional Fees for preparing and filing Modified Substantive Examination
Professional fee for amending the patent specification to bring in substantial
Conformity with the granted patent
Official Fees
Disbursements
6% Sales and Service Tax
Reviewing and reporting office actions
Professional Fees
Disbursements
6% Sales and Service Tax
654.80 + official fees for additional claims if >10 claims
-
380
355
50
25.80
-
230
300/hour
-
207
50
Depending upon the actual professional fee
-
230
50
13.80

* These fees are subject to change as per the discretion of the patent offices. Get in touch with us to know the exact fee.

TESTIMONIALS
Have more questions?
FAQs
Q1. Term required for filing a patent application in Malasyia?
Patents with a filing date on or after 1 August 2001 have a maximum term of 20 years from the filing date. Patent applications filed before 1 August 2001, and pending on that date, will be granted 20 years from the date of filing or 15 years from the date of the grant, whichever is longer.
Q2. What is the Duration of Patents Malasyia ?
Validity term of the patent in Malaysia constitutes twenty years as of the filing date. Annual fees are due each year starting from the 2nd one and should be paid within twelve months from the date of grant.
Q3.What are the Filing requirements in Malasiya?
A patent application and its documents must be filed in English or Bahasa Malaysia at the filing date. However, in practice, nearly all applications are currently filed in English. Filing in a different language with late submission of English or Bahasa Malaysia translation is not possible. For obtainment of a filing date, a patent application in Malaysia must contain:
  • applicant’s and inventor’s details;
  • specification comprising a description, claims and any necessary drawings;
  • priority data (country and filing date of an earlier application), if any;
  • payment of the prescribed fee. 
A certified copy of the Priority Document may be requested by the Registar within the specified term (preferably within one month after filing during the formal examination).   Simply signed original of a Power of Attorney (POA) may be submitted during the formal examination that occurs approximately one months after filing the application. Legalization or notarization is not required.   Under the Malaysian IP law, there is no requirement or provision for filing an Assignment Deed, if the applicant is not the inventor. However, a statement explaining how the applicant derives its right to the patent from the inventor should be submitted to the Malaysian IPO during the formal examination (approximately one month after filing).
Q4. How to examine a Malasyian patent application?
Preliminary Examination Preliminary examination will be conducted if the application is accorded a filing date [S29 of Patents Act (PA)].
  • To ensure that it satisfies the formality requirements of the regulations, such as Regulations 5, 6, 7 (1), 8, 9, 11, 18 and 51 of P.A. Patent
  • Trade Mark
  • Industrial Design
  • Copyright
  • Geographical Indication
  • IC & Layout Design 16
  • Relates to non-technical matters such as the correct completion of the forms, use of correct sized paper, correct margins, and the documents are suitable for reproduction by printing or microfilming. • The applicant will be advised of any deficiencies and given a period of 3 months to make corrections to the applications [R.26 of P.A]. Patent
  • Trade Mark
  • Industrial Design
  • Copyright
  • Geographical Indication
  • IC & Layout Design 17
  • Substantive Examination - Form 5 with the prescribed fee - Within 2 years from the filing date of the application [S29A and R27 of P.A]. - May be accompanied by information relating to the results of any search or examination carried out on any corresponding prescribed foreign patent application. Patent
  • Trade Mark
  • Industrial Design
  • Copyright
  • Geographical Indication
  • IC & Layout Design 18
  • Modified Substantive Examination - For a patent application which has been granted in other prescribed country - Submitting Form 5A within 2 years from the filing date of the application [S29A and R27A of P.A]. - Shall be accompanied by a certified copy of prescribed foreign patent. - May be in conformity with the responding granted patent [R27A(3) of P.A]. Patent. Trademark 19 (1) Understanding of Invention ・ Understanding the content of an invention sufficiently ・ To find the claimed invention based on the writing of the claims (2) Selection of the subject of search ・ To consider the requirements of unity of invention (S26 of P.A.) ・ To consider the requirements for the description and claims (R12 & R13 of P.A.) ・ Selecting inventions as the subject of a prior art search Patent. Trademark 20 (3) Prior Art Search
  • Search concerning novelty, inventive step and senior or junior of applications)
  • To conduct a prior art search Targeting the claimed inventions selected as the subject of the search, in terms of novelty, inventive step & seniority of applications (S14,15 & 16) Patent. Trademark 21 4) Examination of requirements for patentability in terms of novelty, inventive step and industrial applicability (5) Notice of reasons for refusal (6) Final decision Where no reasons for refusal are found, decision to grant a patent Patent. Trademark 22 Examination worksheet: - Identify independent claims (identify different categories of independent claims, draw a claim tree - Check the claims for clarity (consider the different possibilities of lack of clarity) - Identify the closest prior art (a table listing the different technical features may help) - Apply the Problem Solution Approach for inventiveness Patent. Trademark 23
  • Draft a communication: - Introduce relevant documents - Raise patentability objections - Raise clarity objections - Raise novelty objections concerning independent claims - Raise inventive step objection concerning independent claims
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