Patents in Malaysia

What are the types of patents in Malaysia?

Malaysia’s IP system is administered by the Intellectual Property Corporation of Malaysia (MyIPO), established under the Ministry of Domestic Trade and Cost of Living. Malaysia’s patent law is governed by the Patents Act 1983 (as amended by the Patents (Amendment) Act 2006). Patent protection options in Malaysia include:

• Malaysian Patent: Provides up to 20 years of protection from the filing date, covering peninsular Malaysia, Sabah, and Sarawak. Applications may be filed in Bahasa Malaysia or English. MyIPO conducts both formal and substantive examination.
• Utility Innovation Certificate: Malaysia’s equivalent of a utility model, providing a shorter-term (initially 10 years, extendable to 15 years) and lower-inventive-step form of protection. Suitable for incremental improvements and products with a shorter commercial lifecycle. MyIPO grants Utility Innovation Certificates without a substantive examination of inventive step, making them faster to obtain.
• PCT International Application: Malaysia is a PCT member state. MyIPO serves as a receiving office. Applicants can enter the Malaysian national phase within 30 months of the priority date.
• ASEAN Patent Examination Co-operation (ASPEC): Malaysia participates in ASPEC, which allows patent applicants in participating ASEAN countries to request that MyIPO use the examination results of another participating office (including Singapore, Thailand, the Philippines, Vietnam, and others), significantly speeding up Malaysian patent examination.

What is the criteria for patentability in Malaysia?

Under the Malaysian Patents Act 1983, a patent is granted for an invention that is:

• New: The invention must not form part of the prior art anywhere in the world as of the filing date.
• Involves an Inventive Step: The invention must not be obvious to a person having ordinary skill in the relevant art.
• Industrially Applicable: The invention must be capable of being made or used in any kind of industry, including agriculture.

Excluded from Malaysian patent protection: discoveries, scientific theories, mathematical methods, aesthetic creations, mental acts, computer programs per se, presentations of information, plant/animal varieties, essentially biological processes, methods of treatment of humans or animals by surgery or therapy, and inventions contrary to public order or morality.

What is the patent application process in Malaysia?

1. Prior Art Search: Conduct an international search via Espacenet or MyIPO’s own e-filing and search portal (IP Online). Malaysian applicants may also leverage ASPEC search results from a Singapore or other ASEAN filing.
2. File Application: Submit to MyIPO online (IP Online portal) or in person at the MyIPO offices in Kuala Lumpur. The application should include a description, claims (up to 30 without additional fees), abstract, and drawings. Must be in Bahasa Malaysia or English.
3. Formal Examination: MyIPO reviews formal requirements within 3–6 months. The applicant is notified if deficiencies exist and must respond within the prescribed timeframe.
4. Substantive Examination Request: A request for substantive examination must be filed within 4 years of the filing date. If no request is filed, the application lapses.
5. Examination and Report: MyIPO examiners assess novelty and inventive step. First Office Action is typically issued within 12–24 months of the substantive examination request. ASPEC results can accelerate this process significantly.
6. Grant: Upon resolving all objections, the patent is granted and published in the MyIPO Official Gazette. Total time from filing to grant averages 4–7 years through the standard route, but can be significantly shorter via ASPEC.

How to renew/maintain a patent in Malaysia?

Malaysian patents require annual maintenance fees payable to MyIPO, commencing from the 2nd anniversary of the filing date. Fees escalate progressively each year. A 6-month grace period is available for late payment with a penalty fee of 50% of the annual fee. Non-payment results in patent lapse. ipReNewAl monitors all MyIPO patent renewal deadlines and manages fee payments in MYR (Malaysian Ringgit), ensuring your Malaysian patent rights remain continuously in force.

How much does a patent cost in Malaysia?

• Filing Fee: MYR 500 (approximately USD 110) for a standard patent application (online); MYR 700 paper filing.
• Substantive Examination Fee: MYR 1,000 (approximately USD 220).
• Annual Maintenance Fees: MYR 120 (year 2) escalating to MYR 1,000+ (year 20), totalling approximately MYR 9,000–12,000 (USD 2,000–2,600) over the 20-year term.
• Utility Innovation Certificate Fees: Lower than standard patents — filing fee MYR 200, no examination fee, maintenance fees approximately MYR 5,000–7,000 over 15 years.
• Patent Agent Fees: Malaysian registered patent agents typically charge MYR 3,000–12,000 for preparation and prosecution.

Trademarks in Malaysia

How long does it take to obtain a trademark in Malaysia?

Malaysian trademark registration is administered by MyIPO under the Trade Marks Act 2019, which brought significant modernisation including provisions for non-traditional marks (sounds, scents, holograms). The typical timeline from filing to registration is 12–24 months for straightforward applications without opposition. After acceptance, the mark is published in the Malaysian Government Gazette for a 2-month opposition period. Malaysia is a member of the Madrid Protocol, enabling international trademark registrations designating Malaysia via WIPO.

What is the Malaysian trademark examination process?

MyIPO examines trademark applications on both absolute and relative grounds:

• Absolute Grounds: The mark must be capable of being represented graphically and must be distinctive in relation to the goods/services applied for. Purely descriptive, generic, or deceptive marks are refused. The Trade Marks Act 2019 introduced provisions for non-traditional marks including sound, smell, shape, colour, and hologram marks.
• Relative Grounds: MyIPO searches its register for conflicting earlier marks. Marks that are identical or confusingly similar to registered earlier marks covering identical or similar goods/services are refused.
• Well-Known Marks: Malaysia provides enhanced protection for well-known marks (as defined under the Paris Convention), even against marks in dissimilar goods/services if there is a likelihood of association or dilution.

How to renew/maintain a registered trademark in Malaysia?

Malaysian trademarks are registered for 10 years from the filing date and can be renewed indefinitely in 10-year increments. Renewal must be filed and fees paid within 6 months before expiry. A 6-month grace period is available after expiry with a surcharge. Trademarks not put to genuine use in Malaysia for 3 consecutive years may be removed on non-use grounds under Section 46 of the Trade Marks Act 2019.

How much does it cost to register a trademark in Malaysia?

• Application Fee (1 class, online): MYR 900 (approximately USD 198).
• Additional Classes: MYR 900 per class.
• 10-Year Renewal Fee: MYR 900 per class.
• Madrid Protocol designation (Malaysia): CHF 160 individual fee per class.
• Agent Fees: Typically MYR 1,000–4,000 for trademark prosecution.

How can ipReNewAl help with your Malaysian IP portfolio?

Malaysia’s strategic position in Southeast Asia, combined with its participation in the ASEAN Patent Examination Co-operation (ASPEC) system and the Madrid Protocol, makes it an important node in any comprehensive ASEAN IP strategy. The 2019 Trade Marks Act also modernised protection for non-traditional marks, opening new possibilities for brands in technology, entertainment, and consumer goods. ipReNewAl provides a centralised platform to monitor all your Malaysian patent and trademark renewal obligations, manage payments in MYR, leverage ASPEC to accelerate patent examination, and ensure full MyIPO compliance — keeping your IP portfolio comprehensively protected across Malaysia.