The Intellectual Property Corporation of Malaysia (MyIPO) under the Ministry of Domestic Trade and Consumer Affairs is Malaysia’s official authority responsible for administering patents, trademarks, industrial designs, and other intellectual property rights. If you are looking to file a patent in Malaysia, MyIPO is the competent office to contact for a smooth and efficient registration process.
What is a patent in Malaysia?
To obtain patent protection in Malaysia, your invention must meet three key criteria:
Novelty – The invention must be new and not previously disclosed anywhere in the world before the filing or priority date.
Inventive Step – The invention must show a genuine technical advancement and must not be obvious to someone skilled in the field.
Industrial Applicability – The invention must be capable of being produced or used in industry.
Some of Malaysia patent reports:
- Patent applications filed in 2023: 13,767.
- Patents granted: 5,163.
- Top three technology areas for granted applications: Digital communication (20.1%), Computer technology (14.6%) and Semiconductors (8.3%).
How to file a patent in Malaysia?
To successfully file a patent in Malaysia, you must prepare and submit the following documents to the Intellectual Property Corporation of Malaysia (MyIPO):
Patent Application Form
The official application form must be completed and signed. It should include:
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Title of the invention
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Full name, address, and nationality of the applicant(s) and inventor(s)
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A local Malaysian address for receiving official notifications
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Priority information (Paris Convention or PCT, if applicable)
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Number of pages and documents attached to the application
Specification
A full specification of the invention must be submitted, including:
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Title
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Field of the invention
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Background
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Objectives
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Brief and detailed description
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Drawings, figures, or examples (if any)
Claims
Applicants must clearly define the scope of protection. Claims must follow a structured format, including:
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Preamble
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Transition phrase
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Body of the claim
A summary of the invention, relevant drawings, sequence listings, and, if applicable, a certificate of deposit of biological material should also be included.
Power of Attorney
Foreign applicants must appoint a registered patent agent in Malaysia. A signed Power of Attorney (POA) is required for the agent to act on behalf of the applicant.
Assignment Document
If the applicant is not the inventor, an assignment document confirming ownership must be provided.
Priority Document
If claiming priority under the Paris Convention, a certified copy of the priority document must be submitted within the prescribed time limit.
Proof of Payment
Applicants must provide evidence of payment for the official filing fees.
Apostille or Legalization
Certain foreign documents may require legalization or apostille, depending on the country of origin.
Language Requirements
All documents must be submitted in English or Malay. If documents are filed in another language, a certified translation into English or Malay must be provided.
To initiate the process of filing a patent in Malaysia Click Here.
How is the Patent process in Malaysia?
Patent Examination and Grant Procedure in Malaysia
Once a patent application is filed, the Intellectual Property Corporation of Malaysia (MyIPO) begins the examination and granting procedure. Applicants should remain proactive throughout the process, monitor official notifications, and respond within deadlines to avoid delays or rejection. The procedure generally involves the following stages:
1. Formality Examination
MyIPO first reviews whether the application satisfies all formal requirements, such as completeness of documents, translations (if required), and payment of fees. If deficiencies are found, MyIPO will issue an official notice requesting corrections or amendments. Failure to comply within the prescribed deadline may lead to the application being considered withdrawn.
2. Publication
If the application passes the formality stage, it will be published in the Malaysian Patent Journal, usually 18 months after the filing or priority date. Applicants may also request early publication.
3. Third-Party Observations
After publication, third parties may submit written opinions or objections regarding the patentability of the invention. While examiners are not bound to adopt these arguments, they may take them into consideration during the substantive examination.
4. Substantive Examination
Substantive examination in Malaysia must be requested by the applicant within 36 months from the filing date. During this stage, the examiner evaluates whether the invention meets the three patentability requirements: novelty, inventive step, and industrial applicability. If objections are raised, MyIPO issues office actions, and the applicant must respond with amendments or arguments. Failure to resolve objections within the given time may result in refusal.
5. Granting and Maintenance
If the application is approved, MyIPO issues a Patent Grant Notice. After payment of the required granting and publication fees, a Patent Certificate is issued. To maintain the patent in force, annual maintenance fees must be paid starting from the fifth year after filing and for every year thereafter until expiration.
Check out this list of required documents required to file a trademark in Malaysia.
Some Extra Facts
Novelty Grace Period
Malaysian patent law allows a 12-month novelty grace period before the filing or priority date. During this period, the inventor or their legal successor may disclose the invention—through publications, public use, or exhibitions at officially recognized events—without losing patentability, as long as the disclosure complies with the requirements of the Patents Act 1983.
Grant, Validity Term, and Maintenance Fees
Patents in Malaysia remain valid for 20 years from the filing date, provided the applicant pays annual maintenance fees on time. After MyIPO grants the patent, applicants must pay the granting and publication fees. They must also begin paying annual renewal fees starting from the fifth year after filing and continue each year thereafter. Applicants may choose to pay renewal fees in advance.
Duration of the Registration Procedure
The patent registration process in Malaysia typically takes 4 to 6 years from filing to grant. The timeline varies based on the complexity of the invention, MyIPO’s examination backlog, and how promptly the applicant responds during examination.
Representation by a Patent Attorney
Foreign applicants must file and prosecute patent applications through a locally registered patent agent authorized to represent them before MyIPO.
Why Work with Goytia & Associates?
Goytia & Associates has a strong presence in Latin America and works with trusted partners across Asia, including Malaysia. We provide efficient, cost-effective IP services with a global reach, enabling clients to manage patent filings and portfolios in over 120 jurisdictions worldwide through a single, reliable partner.
Do you need to file a patent in another country other than Malaysia?
This content may suffer modifications due to updates in the official regulations of Malaysia.
