PCT NATIONAL PHASE ENTRY
Malaysia

According to a World Bank report, Malaysia stands out as one of the most open economies globally and has sustained significant growth over recent decades. Projections suggest it is poised to progress from being an "upper-middle-income economy" to attaining the status of a "high-income economy" in the near future.On May 16, 2006, Malaysia became a member of the Patent Cooperation Treaty (PCT), and the PCT came into effect in Malaysia on August 16, 2006. Any Malaysian citizen or resident can submit a PCT application through the Malaysian Registry as the Receiving Office. However, before filing the international application, the individual(s) must first submit a patent application in Malaysia or obtain an exemption from this prerequisite from the Malaysian Registry.

The major requirements and procedure to file a patent application in Malaysia are mentioned below:

The designated period for submitting a patent application in Malaysia under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

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. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

If an applicant inadvertently misses the requirements for national phase entry within the standard 30-month period, they have the option to apply for reinstatement. The maximum period for seeking reinstatement is either two months from the date when the cause of the failure to meet the 30-month deadline is resolved or 12 months from the original 30-month deadline, whichever comes first.

The essential  documents required for filing a national phase application include:

• Power of Attorney: POA in its simply signed original form can be submitted during the formal examination, typically taking place around one month after the application is filed.
• Verified English Translation
• Assignment Deed: statement providing justification for the applicant's entitlement to the patent when the applicant is not the inventor.

No exemptions in cost are granted for the patent applications when entering the national phase.

Request for Exmaination is done submission of specific forms supplied by the office. Ensure to include the necessary fees when submitting these forms. This process should be completed within four years from the initial filing date of the international application.

Patent Prosecution Highway Program under the PCT

In the PPH program, when the claims of an application receive approval from an initial patent office, one can ask for a quicker examination of a related application at a second office. The PPH is a process allowing patent offices to utilize the previous work done by another office during the patent examination. 

The PPH is a choice to speed up the processing of patent applications in Malaysia. The Intellectual Property Corporation of Malaysia (MyIPO) currently has agreements with five foreign patent offices for PPH.

Intellectual Property Corporation of Malaysia has PCT-PPH agreements with: 

China (CN) :  China National Intellectual Property Administration (CNIPA)

Europe (EP) : European Patent Office (EPO)

Japan (JP) : Japan Patent Office (JPO)

Korea (KR) : Korean Intellectual Property (KIPO)

Renewal fees for the patent are due annually, starting from the second year following the patent's grant. These fees must be paid within twelve months from the date of grant. Subsequent renewal payments should be made no later than the anniversary of the patent's grant each year.

The patent term for patents in Malaysia is 20 years. In the following jurisdiction, patent term extension is entirely non-existent, with no provisions for prolonging the duration under any circumstances.

The Global Innovation Index (GII) assesses the innovation capabilities of countries worldwide by considering around 80 indicators, categorized into inputs and outputs of innovation. Malaysia holds the 36th position out of 132 economies in the (GII) for the year 2022. The goal of the GII is to comprehensively measure the various aspects of innovation across economies. The country holds the 3rd position among the 36 upper-middle-income economies worldwide. In the regional context of South East Asia, East Asia, and Oceania, Malaysia secures the 8th position among the 17 economies in this group.