Malaysia

Malaysia offers a robust legal framework and seamless access to key Southeast Asian markets.
Table of Content
Patent Protection in Malaysia
Why File in Malaysia
Malaysia Patent System Overview
Types of Patents
Significant Prosecution Deadlines
Filing Formalities
Subject Matter Eligibility

Patent Protection in Malaysia

Malaysia, a key hub in Southeast Asia, offers a modern and flexible patent system managed by MyIPO (Intellectual Property Corporation of Malaysia). The Malaysian system comprises Standard Patents (20-year term) and Utility Innovations for minor inventions (up to 20 years via extensions).

Applicants may proceed via direct national filings, the Paris Convention, or the PCT national phase. Malaysia supports expedited prosecution and modified substantive examination (including PPH), and offers a 12 month novelty grace period.

Why File in Malaysia?

Malaysia is a sizeable (≈34.1M people as of 2024) rising income market.
Strong consumer and enterprise demand in a growing economy.
Critical electronics/supply-chain hub that designs, assembles, tests, and packages electronic components.
Sitting on the Strait of Malacca, a vital global trade route.
Sitting on the Strait of Malacca with two mega-ports, Port Klang and PTP,  makes Malaysia a strategic choke-point providing leverage over distributors and importers at this hub.

Malaysia Patent System Overview

If you want to learn more about Voyage IP’s Malaysia service offering, please contact us here.
Government Agency Responsible for
Patent Registration
Patent registration is administered by the
Intellectual Property Corporation of Malaysia (MyIPO)
Visit MyIPO
Patent Examination
Official Language
English and Malay

Malaysia Patent Filing Statistics

Source: WIPO Statistics Database
Major international treaties
ASEAN Patent Examination Cooperation (ASPEC)
Budapest Treaty
Paris Convention
Patent Cooperation Treaty (PCT)
Agreement on Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS)

Types of Patents

A Standard Patent in Malaysia lasts 20 years from filing, offering inventors strong protection for their innovations.
Patent Type
Term
REMARKS
Standard Patent
20 years from Filing
Utility Innovation
10 years from filing
Extendable twice to a total of 20 years from filing

Significant Prosecution Deadlines

Malaysia is a leading intellectual property hub in Asia, offering a transparent, efficient, and internationally harmonised patent system.
EVENT
DEADLINE
Paris Convention
12 months from earliest priority date
PCT National Phase Entry
30 months from earliest priority date
Substantive Examination
18 months from filing for Paris Convention applications and 48 months from the international filing date for PCT national phase entry applications
Divisional Application
Deadline to file divisional application is within 3 months from the issuance date of the first Examination Report, or an Examination Report that first raises a unity objection (not extendable)

Accelerated Examination Programs

ASEAN Patent Examination Cooperation

Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Vietnam.

Patent Prosecution Highway

United States, China, Europe, Japan, Korea, and Singapore.

Availability of Prefiling Grace Period

Malaysia allows for a 12-month novelty grace period. Permitted disclosures under the grace period include public disclosures originating from the inventor/applicant/patentee, disclosures resulting from an abuse of rights, and disclosures at official recognised international exhibitions.

Filing Formalities

National Phase Patent Application
Paris Convention Patent Application

National Phase Patent Application

Document/action
Required?
deadline to submit
certification/legalization required?
extension of time available?
Power of Attorney
Yes
3 months from date of adverse formalities report
No
Yes, up to six months at the Registrar’s discretion
Assignment
Information regarding how the Applicant derived rights to the invention from the inventors is required which can be submitted at our end
3 months from date of adverse formalities report
-
Yes, up to six months at the Registrar’s discretion
Translation of Application to English
Yes, if not in English
At filing
Verification required
No
Translation of Non-English Priority Application
No, unless requested by Registrar
-
-
-
Certified Priority Document Required
No, unless requested by Registrar
-
No, unless requested by Registrar
-

Paris Convention Patent Application

Document/action
Required?
deadline to submit
certification/legalization required?
extension of time available?
Power of Attorney
Yes
3 months from date of adverse formalities report
No
Yes, up to six months at the Registrar’s discretion
Assignment
Information regarding how the Applicant derived rights to the invention from the inventors is required which can be submitted at our end
3 months from date of adverse formalities report
-
Yes, up to six months at the Registrar’s discretion
Translation of Application to English
Yes, if not in English
At filing
-
No
Translation of Non-English Priority Application
No, unless requested by Registrar
-
-
-
Certified Priority Document Required
No, unless requested by Registrar
-
No, unless requested by Registrar
-

Subject Matter Eligibility

Excluded subject matter includes:
Discoveries, scientific theories, 
and mathematical methods.
Plant or animal varieties and inherently biological processes, except for man-made microorganisms and microbiological processes.
Therapeutic, surgical, and diagnostic methods practiced on humans or animals.
Additional Things to Consider:
Local counsel confirmation may be required for recent procedural updates.

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