PATENT IN Malaysia, Malaysia Patent
PATENT IN MALAYSIA
PATENT IN Malaysia includes three stages: PATENT SEARCH in Malaysia, Malaysia Patent filing and Malaysia Patent registration. All with affordable fees.
– Stage 1: PATENT SEARCH IN MALAYSIA
| Scope of work: PATENT SEARCH | Word Mark
($US) |
Device (logo) And Word Mark
($US) |
| For the 1st class | 120.00 | 130.00 |
| For the 2nd class | 110.00 | 120.00 |
| Duration | 5-7 days | 5-7 days |
– Stage 2: TRADE FILING IN MALAYSIA
| Scope of work: Filing Patent Application | FEE
($US) |
| For the 1st class | 365.00 |
| For the 2nd class | 360.00 |
| Duration | 10-12 months |
* Note: Kindly be informed that Malaysia does not practice multi-class filing system. Therefore, a separate application has to be filed for each additional class of goods and services.
– Stage 3: Patent REGISTRATION CERTIFICATE IN MALAYSIA
| Scope of work: Obtaining Patent registration certificate | FEE
($US) |
| For the 1st class | 370.00 |
| For the 2nd class | 340.00 |
| Duration | 1 month |
* Note: Our Fee for PATENT IN Malaysia includes all fees (official fee and legal fee); excludes fee for responding to office action, if any.
– You could visit here to see Procedure of Malaysia Patent Registration.
– You could visit here to check the required documents for filing PATENT IN Malaysia
– You could read 04 Frequent Questions About Filing PATENT IN Malaysia here.
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
Malaysia collaborates with Tiktok to limit IP infringement on Tiktok Shop
The Intellectual Property Corporation of Malaysia (MyIPO) and TikTok have collaborated to enhance compliance with intellectual property laws in Malaysia, formalizing their commitment through a recently signed memorandum of agreement (MoU). In a joint statement, MyIPO and TikTok underscored their objective to align the platform’s intellectual property (IP) policy and enforcement with Malaysian IP laws. The partnership also places emphasis on providing training and sharing expertise and information on IP within the TikTok community, especially among businesses actively participating in [...]
Malaysia reviews intellectual property policy to adapt technology transfer offices (TTOs)
To enhance Malaysia’s national commercialization ecosystem and promote technological ownership, adoption, and transfer, the country is set to review its intellectual property (IP) policy. As per the Mid-Term Review of the 12th Malaysia Plan (12MP) for 2021 to 2025, IP assets will be evaluated for financing, aiming to stimulate commercialization and innovation initiatives. Government research institutes and higher education institutions will leverage technology transfer offices (TTOs) to bolster their research and commercialization capabilities, enabling them to extract maximum value from [...]
Patent Prosecution Highway (“PPH”) Pilot Program Between MyIPO And USPTO Begin in Malaysia
The PPH Pilot Program between the United States Patent and Trademark Office (“USPTO”) and the Intellectual Property Corporation of Malaysia (“MyIPO”) began on March 2, 2023. The three-year trial term for this Pilot Program will end on March 1, 2026. If both patent offices agree, the program may be extended beyond the first three years or terminated earlier than the initial three years. The main objective of the PPH Program, a cooperative agreement between national patent offices, is to speed [...]
The New Patents Act 2022 (Amendment) in Malaysia
The Patents Act Amendment (PAA) amends the Patents Act of 1983, which was approved by the House of Representatives on December 15, 2021, and the Senate on December 22, 2021. The PAA went into effect on March 18, 2022, with the following features: the depositing of microorganisms with the relevant authorities; the inspection of certain documents by the public; and opposition proceedings against a granted patent before the Registrar. The PAA takes into consideration Malaysia’s obligations under the Comprehensive and Progressive Agreement for [...]
Registering A Trademark In Malaysia
The Trademarks Act 2019 (“TA 2019”), the Trademarks Regulations 2019, and applicable case law (related to trademarks) decided by the courts govern trademark disputes in Malaysia. Although trademark registration is not required, it is highly recommended. This is because the statutory rights granted to the owner of a trademark under the TA 2019 only apply to registered trademarks. This includes the ability to sue the putative trademark infringer for trademark infringement. If a trademark is not registered, its owner may [...]
NMB and MyIPO cooperate to organize and improve IP training programs
Although Intellectual Property has become an important aspect in recent years, it still hasn’t gained the expected recognition from global organizations around the world. Accordingly, in the 4.0 era, we need to strengthen the approach of IP to the world and through that, develop the world through IP. NMB and MyIPO have led the world on this path by cooperating to organize and improve IP training programs through the TISC initiative. The Technology and Innovation Support Center (TISC) initiative NanoMalaysia Berhad [...]
The Malaysian Trademarks Act 2019 Key Points
It’s been almost two years since the Malaysia Trademarks Act 2019 (the new Act), which replaced the Trade Marks Act 1976 (the old Act), went into effect on December 27, 2019. The revised Act makes significant improvements to bring Malaysia into line with worldwide trademark standards and current business trends. The revised Act has some important changes to bring Malaysia into line with international trademark rules In this article, we summarize the ten most important highlights from the new Act, as [...]
INTA published Unfair Competition Laws Quick Guide
On September 14, 2021, INTA’s Unfair Competition Committee (UCC), Policy Subcommittee voted to approve a Board Resolution, prohibit various forms of unfair competition even though the national statutes or governing laws are diverse in nature. Specifically, the data in the Unfair Competition Quick Guide covers 24 countries, including those in the Americas, Asia, Europe, and the Middle East. Sponsored by INTA’s Unfair Competition Committee (UCC) —Policy Subcommittee, the resolution focuses largely on obligations contained in the TRIPS Agreement and is a [...]
Frequencly Asked Questions
Protecting time of trademark in Malaysia is 10 years from the registration date.
Although the proof of the use is not compulsory in Malaysia, the holder needs to use their trademark in practice to protect their trademark. The reason is because if the trademark is not utilized by the owner within the following 3 years from one month before the application date., their trademark can be attacked on the ground of non-use. In this case, if others give requirement of cancelation to the Trademark Division, the holder is able to loss their trademark if they do not prove the use of trademark by commercial actions such as advertising, establishing business locations or at least providing a single sale. Therefore, if not have proof for the use for five consecutive years, the effectiveness of the trademark shall be terminated upon request of other third party.
After registering the trademark successfully, the owner will have following rights: exclusive right to use registered trademark, right to oppose subsequent conflicting applications, right to request cancellation against subsequent conflicting applications, right to license the third party using the trademark, right to claim customs authority for seizure of counterfeit goods and right to assign Trademark in other countries which are members of Paris Convention.
It can be seen that the rights above bring total protection for the trademark. The owner does not hardly prove for ownership when an infringement occurs because the trademark is registered in this jurisdiction.
Time frame of registering Trademark is often from 12 to 18 months approximately. After this period, the holder shall receive the protection certificate of their trademark if registering the trademark successfully.
Before registering the trademark filing a trademark application to the Trademark Office, a private pre – filing search is recommended. This can help the holder save time, effort and even state fees in order to consider and decide whether they should fil trademark application in Malaysia.
Malaysia uses the rule “first to use” to determine the time of rights for trademark established.
This means that rough the use of the trademark, they can have rights and benefits with their trademark in fact, no matter anyone registers such trademark in by the Trademark Division before them. However, when dealing with infringement, the holder must spend a lot of money to prove their ownership. That is why registering the trademark is necessary as an evidence for the prove. Besides, there are many countries which also applies this rule such as United States, Myanmar, Brunei, Hong Kong SAR, India, Australia, New Zealand, Singapore and Canada.
With the economic integration, taking part in international agreements and treaties relating to trademark such as Paris Convention; Nice Agreement; Vienna Agreement, Madrid Protocol, make the protection for the trademark in Malaysia better for international applicants filing application in host country and national applicants filing their trademark application to other countries. Moreover, with being a member of Paris Convention and Madrid Protocol, the holder can register their trademark in other countries through WIPO and enjoy the priority for the first application filed in the host country with 6 months priority.
In Malaysia, trademark registration is not forced with anyone and using an unregistered trademark is legal. Especially, rights for the trademark originate from the use of trademark. However, as said above, the registration is extremely essential for the owner, and it brings many benefits to the holder. For example, it can help the holder easily prove the ownership and validity in order to tackle the infringement from using the trademark illegally and generate royalty for others in licensing. Hence, this helps the holder save much cost to deal with these things.
