MY - Malaysia
Intellectual Property Corporation of Malaysia

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Intellectual Property Corporation of Malaysia
PA: Patents Act, 1983 (Act 291)
PR: Patents Regulations, 1986
List of currencies used in this document:
CHF (Swiss franc), MYR (Malaysian ringgit)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
Article 64(5)
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Malaysia
Two-letter code:
MY
Malaysia - Intellectual Property Corporation of Malaysia
Name of Office:
Intellectual Property Corporation of Malaysia
Location:
Level 5
Menara MyIPO
PJ Sentral, Lot 12
Persiaran Barat
Seksyen 52
46200 Petaling Jaya
Selangor
Malaysia
Mailing address:
Same as above
Telephone:
(603) 7496 8900
E-mail:
pct@myipo.gov.my
Website:
Facsimile:
(603) 7496 8999
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
No, only upon invitation
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes
provided that the delivery service is:
DHL
Federal Express
Pos Laju
UPS
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
MY
Malaysia - Intellectual Property Corporation of Malaysia
Does national legislation restrict the filing of international applications with foreign Offices?
Patents Act 1983 (Act 291), Section 23A
Unless written authorization from the Registrar to file abroad has already been obtained or unless an application for the same invention has been filed with the Office not less than two months earlier and either no directions prohibiting or restricting publication have been issued by the Registrar under Section 30A of the Patents Act 1983 (Act 291) or all such directions have been revoked
Yes
Filing restrictions apply to:
Applications by residents
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
MY
Malaysia - Intellectual Property Corporation of Malaysia
Types of protection available via the PCT:
Certificates for a utility innovation
Patents
Availability under the national law for an international-type search (PCT Article 15):
Section 35B of the Patents Act 1983 (Act 291)
Provisional protection after international publication:
After an international application is made available for public inspection, the applicant may in writing warn a person who has commercially or industrially worked the invention that a patent application for the invention has been filed. The applicant may demand from the person who has commercially or industrially worked the invention to pay as compensation to the applicant an amount equivalent to what the applicant would have normally received for the working of the invention from the time of the warning or, in the absence of a warning, from the time the international application has been made available for public inspection to the time of the grant of the patent. However, the right to demand that compensation shall be exercised only after the grant of the patent. Refer to Section 34(5) and (6) of the Patents Act 1983 (Act 291).
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
No

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Malaysia
Language in which international applications may be filed:
English
Language accepted for language-dependent free text in the sequence listing:
Same as above
Language in which the request may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts XML and PDF files filed using ePCT-Filing.
For the relevant notifications by the Office, refer to Official Notices (PCT Gazette) dated 25 September 2014, pages 138 et seq. and 21 July 2022, pages 187 et seq.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “unintentional” criterion to such requests
Competent International Searching Authority:
AU
Australia - Australian Patent Office
, 
EP
European Patent Organisation - European Patent Office (EPO)
, 
JP
Japan - Japan Patent Office (JPO)
, 
KR
Republic of Korea - Korean Intellectual Property Office
Competent International Preliminary Examining Authority:
AU
Australia - Australian Patent Office
, 
EP
European Patent Organisation - European Patent Office (EPO)
1, 
JP
Japan - Japan Patent Office (JPO)
1, 
KR
Republic of Korea - Korean Intellectual Property Office
Fees payable to the receiving Office:
Transmittal fee:
Electronic filing 550 MYR
Paper filing 550 MYR
— for one to 10 pages:
Paper filing, plus 5 MYR
— for 11 to 20 pages:
Paper filing, plus 10 MYR
— for 21 to 50 pages:
Paper filing, plus 40 MYR
— from 51 pages:
Paper filing, plus 60 MYR
International filing fee:
Equivalent in MYR of 1,330 CHF
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
Equivalent in MYR of 15 CHF
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
Equivalent in MYR of 200 CHF
Electronic filing (the request, description, claims and abstract in character coded format):
Equivalent in MYR of 300 CHF
Search fee:
Refer to
Annex D(AU)
Annex D(EP)
Annex D(JP)
Annex D(KR)
Fee for priority document (PCT Rule 17.1(b)):
— for the first 10 pages:
550 MYR
— for each additional page:
per page, plus 7 MYR
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
150 MYR
Is an agent required by the receiving Office?
No, if the applicant resides in Malaysia
Yes, if the applicant is a non-resident
Who can act as agent?
Any patent agent registered before the Office
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
No
Particular instances in which a separate power of attorney is required:
Not applicable
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
No
Particular instances in which a copy of a general power of attorney is required:
Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
Where applicant requests publication earlier than 16 months from the priority date, not later than that request
— any additional indications:
At the time of filing (in the description)
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
Relevant information on the characteristics of the microorganism.
If the depositor is not the applicant, an authorization letter from the depositor must accompany the application at the time of filing or within 16 months from the priority date, or, where the applicant requests publication earlier than 16 months from the priority date, not later than that request

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
English
Required contents of the translation for entry into the national phase:
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
Where the applicant furnishes a translation of the international application only as amended or only as originally filed, the Office will invite the applicant to furnish the missing translation
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required in particular circumstances?
Yes, a copy is required only if the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) or 40(2).
National fees (Electronic or Paper Filing):
Filing fee
Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
290 MYR
Claims fee for every additional claim exceeding the first ten claims for patent application or international application entering national phase
— from the 11th to the 20th claim, per claim
20 MYR
— from the 21st to the 30th claim, per claim
30 MYR
— from the 31st to the 40th claim, per claim
40 MYR
— for each claim in excess of 40
50 MYR
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis):
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 2 3
Statement justifying the applicant’s right to the patent where the applicant is not the inventor 2 3
Evidence of entitlement to claim priority where the applicant is not the applicant who filed the earlier application 2 3
Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306) 3
Appointment of an agent if the applicant is not resident in Malaysia
Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form
Who can act as agent?
Any patent agent registered before the Office
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “unintentional” criterion to such requests

The procedure in the national Phase

MY.01 FORM FOR ENTERING THE NATIONAL PHASE
PR 25A
The Office has available a special form for entering the national phase (refer to Annex MY.II). This form should preferably be used.
MY.02 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).
MY.03 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex MY.I.
MY.04 APPOINTMENT OF AGENT
PA 86(5), PR 45B(2)
If the applicant is not resident in Malaysia, an agent shall be appointed by submitting to the Registrar a special form (refer to Annex MY.III), signed by the applicant. Any patent agent registered before the Office may act as agent.
MY.05 INVENTOR
PR 10(2)
If the applicant is not the inventor, the request must be accompanied by a statement naming the inventor and justifying the applicant’s right to the patent (refer to Annex MY.IV)
MY.06 ANNUAL FEES
PA 35(2), PR 33
Annual fees are payable for the second and each subsequent year following the date of grant of the patent. The fees must be paid twelve months before the date of expiration of the second and each succeeding year during the term of the patent. Payment of annual fees may still be made within six months from the due date, subject to the payment of a surcharge. The amounts of the annual fees are indicated in Annex MY.I.
MY.07 REQUEST FOR EXAMINATION
PA 29A, PR 27, PR 27A, PR 27B, PR 27C, PR 27D
Requests for examination or modified examination must be made on special forms (refer to Annexes MY.V and MY.VI) provided by the Office, together with the payment of the prescribed fees within four years from the filing date of the international application. Requests for modified examination must be accompanied by a certified copy of the granted patent in English; patents in Japanese or Korean must be accompanied by a certified translation into English.
MY.08 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41, PA 26A, PR 46
The applicant may, at any time before the patent is granted, make amendments to his application, with the payment of the prescribed fee, provided that the amendment does not go beyond the disclosure in the initial application.
MY.09 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. Where an international application is considered withdrawn, the applicant may request reconsideration by the Office.
MY.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 49.6, PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
MY.11 REINSTATEMENT OF RIGHTS
Reinstatement of rights may be requested where the applicant unintentionally failed to observe a time limit set by the Office, which is prejudicial to his rights. A request for reinstatement must be presented in writing within two months from the removal of the cause of the failure to observe the time limit or twelve months from the date of expiration of the applicable time limit, whichever time limit expires earlier. Within the said two months, the omitted action must be completed and the fee for reinstatement of rights (refer to Annex MY.I) must be paid.
MY.12 CONVERSION
PA 17B, PR 33C
The applicant may convert an application for a patent into an application for a certificate for a utility innovation by filing a request to that effect and paying the prescribed fee within three months from the date of the examination report. The converted application shall have the filing date of the initial application.

Annexes

Annex MY.I - Fees
Patents (Electronic or paper filing)
Filing fee
290 MYR
Claims fee for every additional claim exceeding the first ten claims for patent application or international application entering national phase
— from the 11th to the 20th claim, per claim
20 MYR
— from the 21st to the 30th claim, per claim
30 MYR
— from the 31st to the 40th claim, per claim
40 MYR
— for each claim in excess of 40
50 MYR
Request for examination
1,100 MYR
Request for modified examination
640 MYR
Fee for amendment of the application
150 MYR
Reinstatement fee (per month of delay):
800 MYR
Annual fees:
— for the 2nd year
290 MYR
— for the 3rd year
360 MYR
— for the 4th year
440 MYR
— for the 5th year
530 MYR
— for the 6th year
630 MYR
— for the 7th year
730 MYR
— for the 8th year
830 MYR
— for the 9th year
910 MYR
— for the 10th year
990 MYR
— for the 11th year
1,020 MYR
— for the 12th year
1,140 MYR
— for the 13th year
1,280 MYR
— for the 14th year
1,450 MYR
— for the 15th year
1,550 MYR
— for the 16th year
1,900 MYR
— for the 17th year
2,100 MYR
— for the 18th year
2,400 MYR
— for the 19th year
2,700 MYR
— for the 20th year
2,900 MYR
Surcharge for late payment of annual fee
100% of fee for year concerned
Fee for restoration of the right of priority
150 MYR
Fee for conversion
290 MYR
Patents (Paper Filing only)
Handling fee for document:
— from 1 to 10 pages
plus 5 MYR
— from 11 to 20 pages
plus 10 MYR
— from 21 to 50 pages
plus 40 MYR
— for each page in excess of 50
plus 60 MYR
Handling of physical computer storage device, per device
plus 50 MYR
How can payment of fees be effected?
The payment of the fees has to be effected in Malaysian Ringgit. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid
Payment may be effected to the Office by cheque, postal order, bank draft, local order, credit card or debit card
Forms
Notes:
1 a b The Office is competent only if the international search is or has been carried out by that Office.
2 a b c This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
3 a b c d If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.
Special edition as of 31 October 2023, prepared for EQE candidates printed on 31 Oct 2024
2.0 #62 - 2024-08-16T14:11:11.727+02:00