◎ Specification of the patent application

◎ Priority Details (if applicable)

◎ Power of Attorney

◎ Verified English Translation

◎ Assignment Deed

◎ File directly under the Paris Convention within 12 months from the earliest priority date;

◎ File via PCT national phase entry within 30 months from the earliest priority date.

◎ In Malaysia, the official language for patent applications is English. If the international application is in a different official language, providing a translation into English is mandatory.

Patent Prosecution Highway (PPH)

◎ This program allows applicants to request accelerated examination in a participating country based on positive examination results from a corresponding application in another participating country. This can significantly expedite the granting process.

Expedited Substantive Examination

◎ This is available for patent applications filed under the Paris Convention after February 15, 2011. The Expedited Examination option does not apply to international applications filed under the Patent Cooperation Treaty (PCT) entering the national phase in Malaysia. If approved, a patent may be granted within approximately 2 months from the filing of the request.

ASEAN Patent Examination Cooperation (ASPEC)

◎ This program allows applicants to expedite the examination process by utilizing search and examination results from corresponding applications in other ASEAN countries. There are also special programs like ASPEC AIM for Industry 4.0 applications and PCT-ASPEC for PCT applications.

In-house Acceleration

◎ MyIPO offers an expedited examination process for patent applications. Once the application is available for public inspection, applicants can request expedited examination by submitting Form 5H with the prescribed fee and a statutory declaration stating the reasons for the request. Acceptable reasons include national or public interest, infringement proceedings, commercialization plans, green technology inventions, and meeting conditions for government or institutional funding. If approved, applicants must then pay an expedited examination fee, and the examination report is typically issued within four weeks. The entire expedited examination process is expected to take around two months for the first office action from the date of receipt of the request for expedited examination.

◎ In Malaysia, it is possible to convert a patent application into a utility innovation application or vice versa within six months from the issuance of the first substantive examination report.

◎ Specification of the utility model application

◎ Scanned copy of the power of attorney

◎ Scanned copy of the priority document or DAS code (only for direct filing), if available

◎ Scanned copy of deed of assignment, if available

◎ Related information of applicants and inventors

◎ File directly under the Paris Convention within 12 months from the earliest priority date;

◎ File via PCT national phase entry within 30 months from the earliest priority date.

◎ In Malaysia, the official language for patent applications is English. If the international application is in a different official language, providing a translation into English is mandatory.

◎ In Malaysia, media coverage of a utility model before filing might not necessarily prevent the model from being patented, as Malaysia has a grace period for novelty. This grace period allows an invention to be disclosed or used publicly without losing its novelty within a certain period before the filing of a patent application. However, it is crucial to file the utility model application as soon as possible after any such disclosure to maintain the novelty requirement.

◎ In Malaysia, it is possible to convert a patent application into a utility innovation application or vice versa within six months from the issuance of the first substantive examination report.

◎ Drawings and specification of the design application

◎ Scanned copy of the power of attorney

◎ Scanned copy of the priority document or DAS code, if available

◎ Scanned copy of deed of assignment, if available

◎ Related information of applicants and inventors

◎ Entry is possible through the Paris Convention or the Hague Agreement extension. The deadline for filing an industrial design application claiming priority in Malaysia is 6 months from the date of priority.

◎ Six sets of representations are typically required, which can be in the form of drawings or photographs that clearly show the design from different angles, including front, back, side, top, and bottom views, as well as any other views that may be necessary to fully disclose the design. The representations must be clear, detailed, and show all visible features of the design from the claimed novel perspective. They should not include any other objects that might obscure the design.

◎ A statement indicating the features of the representation in respect of which novelty is claimed is also required. All views should be numbered and, if possible, include a brief description of what each view represents.

◎ In Malaysia, there is a novelty grace period for industrial design applications. This grace period is set at six months before the filing date of the design application. During this period, disclosures or exhibitions of the design that occurred before the filing date will not necessarily disprove the novelty of the design, provided that the disclosure was made under specific circumstances, such as an exhibition of a design at a recognized exhibition or intentional and malicious disclosure of the design without the consent of the owner by a third party.

◎ This means that if a design has been disclosed in the media or through other means within six months prior to filing a Malaysian design application, it may still be possible to obtain design protection, as long as the disclosure fits within the acceptable scenarios defined by the grace period. However, it is always advisable to file the design application as soon as possible to minimize any potential risks to the novelty of the design.