CN 
EN 
In Malaysia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. 法律法规：
Patents Act 1983 (Act 291).
2. 专利性标准：
专利必须满足以下条件才能申请保护：
具有新颖性
包含创造性步骤
可工业应用
不可专利的主题：
以下内容不可作为专利：
发现、科学理论和数学方法
植物或动物品种，或用于生产植物或动物的本质生物过程
schemes, rules or methods for doing business, performing mental acts, and
methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
实用新型
The Patent Malaysia system also provides for the grant of utility innovation certificates. A utility innovation must fulfil the criteria of novelty and industrial applicability (but not inventiveness). A utility innovation certificate may only have one claim and subject to evidence of commercial/industrial use in Malaysia, enjoys the same duration of protection like a patent.
4. 成员资格：
√ – 巴黎公约
√ – PCT
Malaysia is a member of the Paris Convention since 1989, whereby applications from convention countries will be subject to the same priority date in Malaysia. The application for priority has to be made within six months of the first application in a convention country.
Malaysia is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Malaysia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. 优先权规则：
Unless requested by an Examiner, there is no requirement to file a certified copy of any priority application. In determining the priority of patents, “first to file” is the rule for Patent Malaysia.
6. 期限：
Under Patent Malaysia, patents filed prior to 1st August 2001 are awarded protection up to 15 years from the date of grant or 20 years calculated from the filing date, whichever expires later. For patents filed on or after 1st August 2001, the duration is 20 years calculated from the filing date (for a direct national application) and from the international filing date (for a PCT national phase application)
In Malaysia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
1. 法律法规：
Patents Act 1983 (Act 291).
2. 专利性标准：
专利必须满足以下条件才能申请保护：
具有新颖性
包含创造性步骤
可工业应用
不可专利的主题：
以下内容不可作为专利：
发现、科学理论和数学方法
植物或动物品种，或用于生产植物或动物的本质生物过程
schemes, rules or methods for doing business, performing mental acts, and
methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
实用新型
The Patent Malaysia system also provides for the grant of utility innovation certificates. A utility innovation must fulfil the criteria of novelty and industrial applicability (but not inventiveness). A utility innovation certificate may only have one claim and subject to evidence of commercial/industrial use in Malaysia, enjoys the same duration of protection like a patent.
4. 成员资格：
√ – 巴黎公约
√ – PCT
Malaysia is a member of the Paris Convention since 1989, whereby applications from convention countries will be subject to the same priority date in Malaysia. The application for priority has to be made within six months of the first application in a convention country.
Malaysia is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Malaysia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
5. 优先权规则：
Unless requested by an Examiner, there is no requirement to file a certified copy of any priority application. In determining the priority of patents, “first to file” is the rule for Patent Malaysia.
6. 期限：
Under Patent Malaysia, patents filed prior to 1st August 2001 are awarded protection up to 15 years from the date of grant or 20 years calculated from the filing date, whichever expires later. For patents filed on or after 1st August 2001, the duration is 20 years calculated from the filing date (for a direct national application) and from the international filing date (for a PCT national phase application)
1. Filing of Patent Application
Every applicant is required to submit an application to the registrar of patents within 12 months of priority date.
2. Publication
Details of the application, including the specification are made available for public inspection after 18 months from the patent Malaysia filing date. Once published, the application will enjoy provisional protection under which, upon grant, the patentee may claim compensation for unauthorized use of the invention prior to grant.
3. Substantive Examination
Every applicant has to file a request for a substantive or modified substantive examination within 18months (for filing made before 15 February 2011, it was 24months) from the patent filing date (for a non-PCT patent filing into Malaysia) and within 48 months from the international filing date (for a PCT national entry into Malaysia), wherein the registrar will refer the application to the examiner. The examiner will then submit a report after examining the application for compliance of regulations. Once the applicant makes observations on the report or amendments as the case may be the examiner will again report to the registrar who will then process the application.
4. 注册
Once registered, a patent Malaysia is valid for a term of 20 years and will be subject to protection upon payment of annual renewal fees. Annuity is payable upon grant.
The following information and/or documents are required to file an application for a patent Malaysia:-
直接国家申请：
1. Request for the grant of a patent Malaysia (PF 1):-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) 说明书，包括描述、权利要求和必要的图纸；
d) 基本申请的国家和提交详细信息（如果主张优先权）。
2. Appointment of Patent Malaysia Agent (PF 10)
3. 如果申请人不是发明人，需提供说明，解释申请人如何从发明人那里获得专利权，通常是通过转让或雇佣关系。
4. 没有要求提交从发明人到申请人的转让文件。
PCT National Phase Application
1. Form 2A ;
2. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
3. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
4. One copy of the PCT specification as originally filed (in or translated to English);
5. One copy of any amendments filed in the international phase (in or translated to English);
6. An Appointment of Agent form signed by the applicant; and
7. If the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.
申请费用
项目 | 官方费用 (USD) | 专业费用 (USD) | |
|---|---|---|---|
1. Filing Patent Application – each claim in excess of 10 claims – USD 7 | 150 | 270 | |
2. 审查 | 370 | 240 | Due 18 months from the date of filing |
3. Issuance Fee | 50 | 100 |
维持费用
项目 | 官方费用 (USD) | 专业费用 (USD) |
|---|---|---|
2nd annuity | 100 | 140 |
3rd annuity | 120 | 140 |
4th annuity | 140 | 140 |
5th annuity | 170 | 140 |
6th annuity | 190 | 140 |
7th annuity | 220 | 140 |
8th annuity | 230 | 140 |
9th annuity | 260 | 140 |
10th annuity | 280 | 140 |
11th annuity | 300 | 170 |
12th annuity | 320 | 170 |
13th annuity | 370 | 170 |
14th annuity | 420 | 170 |
15th annuity | 450 | 170 |
16th annuity | 560 | 190 |
17th annuity | 640 | 190 |
18th annuity | 740 | 190 |
19th annuity | 840 | 190 |
20th annuity | 900 | 190 |
基本要求
文档 | 备注 | 提交时间 |
|---|---|---|
Patent specification, claims and abstract in English | no legalization requirement | 提交时 |
图纸 | (if any) | 提交时 |
申请专利公约附加文件
文档 | 备注 | 提交时间 |
|---|---|---|
优先权文件 | Certified copy of the basic patent application | Within 2 months from request by the Examiner |
Appointment of Agent (PF10) | Within 2 months from request by the Examiner |
Additional Documents for Entry of PCT National Phase in Malaysia
文档 | 提交时间 |
|---|---|
International Preliminary Report on Patentability based on International Preliminary Search Report (Chapter 1); or | 提交时 |
International Preliminary Report on Patentability based on International Preliminary Examination Report (Chapter II) | 提交时 |
