WIPO - PCT Applicant's Guide MY - Malaysia
Intellectual Property Corporation of Malaysia

    Applicable as from 14 March 2025
    (published on 14 March 2025)

    Summary of latest changes in this version
    RO: Electronic filing, Incorporation by reference, Color drawings
    Summary of requirements for entry into the national phase: Restoration of the right of priority, Reinstatement of rights

    Consult the full list of the changes

    Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
    15 Sep 2023, Current Version

    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
    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)?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    No
    Competent receiving Office(s) for international applications filed by nationals or residents of this State:
    IB, 
    MY
    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
    Types of protection available via the PCT:
    Certificates for a utility innovation, 
    Patents
    Payment methods accepted by the Office:
    Refer to the Office
    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?
    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 RO”).
    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.
    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.
    Yes, the Office accepts XML and PDF files filed using ePCT-Filing.
    Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?
    Yes, any format
    Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?
    Yes
    Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?
    Yes
    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, 
    EP, 
    JP, 
    KR
    Competent International Preliminary Examining Authority:
    AU, 
    KR

    EP, 
    JP

    The Office is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    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:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    Equivalent in MYR of 1,330 CHF
    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 IP 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 (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)
    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
    Does the Office permit reinstatement of rights (PCT Rule 49.6)?
    Yes, the Office permits reinstatement of rights under the “unintentional" criterion.
    Fee for reinstatement, per month of delay
    800 MYR
    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).
    Does the Office accept color drawings under its national law?
    Refer to the Office
    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
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    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.
    Statement justifying the applicant’s right to the patent where the applicant is not the inventor
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    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.
    Evidence of entitlement to claim priority where the applicant is not the applicant who filed the earlier application
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    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.
    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)
    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.
    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 the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
    Yes, under the "unintentional" criterion
    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 NP 6.002 and NP 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 NP 6.018 to NP 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 NP 6.022 to IP 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
    Current version applicable from 14 Mar 2025 , printed on 3 Jul 2025
    2.1 #23 - 2025-07-01T16:21:57.709+02:00