The protection period of Malaysian invention patents is 20 years after application; The protection period of this utility model is 10 year after application, which can be extended twice, each time for 5 years; The protection period of industrial design is 5 years from the date of registration, which can be extended twice, each time for 5 years, and the longest period shall not exceed 15 years. The language for receiving the application text is English.
Patent application review system in Malaysia
1. Invention patent
Malaysian patent application procedures are different from those in China, and the provisions of the examination system are also very detailed. First of all, an application for a patent for invention needs a preliminary formal examination. The Patent Office may require the applicant to improve the application for amendment, and the applicant shall complete the amendment within three months.
The Patent Office shall publish this patent 18 months after the priority date. The applicant must submit an application for substantive examination within 18 months from the date of application.
The patent office conducts substantive examination of the invention elements in the patent law, which can be divided into three situations: the improved substantive examination is generally completed within six months; Substantive review of standards; The extension of substantive examination is generally completed in five to six years, and can be registered and announced after passing the examination. In addition, before the substantive examination, the applicant can choose to apply for novelty retrieval.
2. utility model
Malaysian utility model patent application system is different from that of China. The application procedure is the same as the above invention application, and the application must undergo substantive examination before it can be authorized. The Malaysian utility model can only have one claim.
3. Industrial design
Malaysian design applications are different from those in China. When submitting an application, the applicant needs to submit a novel description of the industrial product for which the design is applied (but it is not necessary when applying for registration of wallpaper, lace or textile products), and the patent right will be granted after the application is approved.
Malaysian patent application channels
1. Invention patent
There are two ways to apply for an invention patent in Malaysia:
(1) the Paris convention.
(2) designated country for ②PCT international application.
2. utility model
The way for Malaysia to apply for a patent for utility model is the Paris Convention.
3. Industrial design
The way for Malaysia to apply for a design patent is the Paris Convention.