Patent Filing Malaysia

Malaysia is a contracting State of the Patent Cooperation Treaty (PCT), enabling applicants who have filed an international application to enter the national phase and obtain patent protection under the Intellectual Property Corporation of Malaysia (MyIPO). The Patent Registration in Malaysia is a very easy process. Once the PCT application enters the National Phase Filing, it is treated as a Malaysian patent application, examined for patentability under Malaysia’s Patents Act and Regulations, and capable of being granted as a fully enforceable patent within the jurisdiction.

For global companies, R&D-driven enterprises, universities, and innovators, Malaysia offers a stable and commercially relevant IP system aligned with international standards of novelty, inventive step, and industrial applicability. Patent protection through the PCT national phase ensures enforceable rights to restrict unauthorized manufacturing, importation, or sale of inventions in a strategically important Southeast Asian market.

Who is Eligible for Patent Registration in Malaysia

Any applicant named in the PCT application—whether an individual inventor, corporation, partnership, university, or research body—may file in Malaysia. Both Malaysian and non-resident applicants are eligible.

Foreign applicants must appoint a Malaysian-registered patent agent. This is done through a simple signed Power of Attorney (POA), which does not require notarization, legalization, or apostille.

If the applicant is not the inventor, a declaration regarding entitlement to the invention is required. This can be a simple statement of assignment or employment-based rights. A formal signed assignment deed is not mandatory for national phase entry.

Critical Deadline to File Patent in Malaysia: 30-Month Rule

Malaysia follows the standard 30-month deadline from the earliest priority date. This means applicants must file their PCT national phase application in Malaysia within 30 months of the priority date for the application to be considered validly filed.

Extension or Restoration After Missing the Deadline

If the 30-month deadline is missed, Malaysia allows a reinstatement request, provided the applicant can prove that the failure was unintentional. This mechanism is discretionary, and success depends on the facts presented.

The reinstatement request must be made promptly after discovering the missed deadline, and within the allowable statutory limits.

Filing Language for Malaysia Patent Application

Malaysia’s official language for patent prosecution is English.

If the Application of PCT Filing is already in English (as most are), no translation is required.
This significantly simplifies the filing process and reduces time and cost.

Required Documents for Malaysia Patent Filing

The following documents are required to enter the PCT national phase in Malaysia:

• National Phase Entry Request (MyIPO form filed by local agent)
• PCT application specification (description, claims, abstract, Patent drawings)
• Applicant and inventor details
• Address for service in Malaysia (handled by local agent)
• Power of Attorney (simple signature; no notarization/legalization)
• Entitlement declaration if the applicant is not the inventor
• Payment of official national phase entry fees
  

Priority documents are generally not required at Patent filing unless requested during examination.

Malaysia does not require legalized or notarized documents; simple, signed forms are sufficient.

Malaysia Patent Search and Examination Procedure

All patent applications in Malaysia undergo substantive examination based on novelty, inventive step, and industrial applicability. Two examination routes are available:

1. Standard Substantive Examination: MyIPO conducts a full examination, including Patent search and patentability review.
2. Modified Substantive Examination: If a corresponding patent has been granted in an approved foreign jurisdiction, the applicant may request modified examination.
   This significantly speeds up prosecution and reduces the likelihood of repeated office actions.

Examination Process and Office Actions

Once examination begins, MyIPO reviews the claims, description, clarity, support, and compliance with statutory provisions. If issues arise, MyIPO issues an office action detailing objections.

Applicants must respond within the official time limit by providing:

• Legal arguments
• Claim amendments
• Clarifications or supporting data
  

Failure to respond results in abandonment. Modified examination cases often receive fewer objections, reducing cost and time.

Deadline for Requesting Examination

The request for substantive examination must be filed within 4 years from the international filing date.

This deferred system gives applicants flexibility to manage costs, evaluate commercial potential, or align international Patent filing strategies before committing to examination.

Publication Process and Legal Impact

Patent applications in Malaysia are generally published at 18 months from the priority date.

Publication:

• Makes the application publicly accessible
• Places competitors on notice
• Enables potential licensing or partnership discussions
• Allows provisional protection (damages may apply after grant for infringements occurring post-publication)

However, enforceability only begins after the grant.

Grant Process and Enforceability

Upon successfully completing the examination and paying any required grant fees, MyIPO grants the patent and issues an official certificate.

Once granted, Malaysian patents provide strong enforceable rights, including:

• Right to prohibit any unapproved production, use, sale, or import
• Right to seek injunctions
• Right to claim damages or account of profits
• Right to license, assign, or enforce the patent

Malaysia provides a reliable legal system for patent enforcement, making granted patents commercially valuable assets.

Patent Validity Term

A Malaysian patent is valid for 20 years from the international filing date, subject to annual payment of renewal fees.

Typical Time to Obtain a Patent in Malaysia

Time to grant depends on examination route and complexity:

• Modified examination cases: approximately 12–24 months
• Standard examination cases: approximately 2–5 years

Prosecution time varies with the number of office actions and applicant responsiveness.

Annuities and Maintenance Procedure

Renewal fees must be paid annually, starting from the second year after the international filing date.

A grace period of six months is allowed, with an applicable additional charge
Non-payment results in patent lapse.

Official Government Fees for Patent Registration in Malaysia (MyIPO – Latest Published Schedule)

All fees are in Malaysian Ringgit (MYR).

National Phase Entry Fees

Examination Fees

Renewal / Annuity Fees (Indicative Range)

Utility Innovation (Utility Model) Protection in Malaysia

Malaysia offers protection for Utility Innovation, which is similar to a utility model and ideal for incremental, mechanical, or lower-threshold inventions.

Key features:

• No inventive step required
• Must be novel and industrially applicable
• Limited to one claim
• Protection term: 10 years, extendable twice by 5 years each (maximum 20 years)

This pathway is often cheaper, faster, and well-suited to SMEs and engineering-based innovations.

Malaysia Patent Office & Official Website

Official Website: Malaysia Patent Office