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Patents |
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Requirements |
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Patent Applications |
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Documents |
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1. Text of disclosure or specification typewritten in 1½ spacing, or preferably double-spaced; numbered every 5th line at the left margin; page numbered at top-centre of each sheet; comprising the following parts: |
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1.1 description of invention |
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1.2 a claim or claims |
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1.3 drawings (if any) |
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1.4 abstract not exceeding 150 words |
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2. Patent Agent Appointment Form (Form 17). |
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Particulars |
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3. Applicant(s): name; address and nationality. |
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4. Inventor(s): name, address and nationality of each inventor. |
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5. Statement Justifying Applicant's Right to the Invention if the applicant is not the inventor. This may be a brief of informal statement explaining on how the applicant acquired the rights to the invention. We shall prepare the formal Statement. |
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6. Priority claim under the Paris Convention: basic application's number, IPC, filing date, International Patent Classification and country where filed. Certified copy of the priority application is NOT required. |
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Minimum Filing Requirements |
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These items are not the minimum requirements. The official Certificate of Filing will be issued for applications filed without these items. The abstract, Form 17 and Statement on Applicant's Right may be lodged with the Patent Office within 6 months of the filing date of the application. |
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Introduction |
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The Malaysian Patents Act 1983 and the Patents (Amendment) Act 1986 came into force on October 1, 1986 together with the Patents Regulations 1986, and repealed the three separate patent laws covering the three separate territories of Malaysia. Under the repealed laws, the only method of obtaining a patent in Malaysia was by obtaining the grant of a United Kingdom patent, or European patent designating UK, and then re-registering the United Kingdom or European patent in Malaysia. |
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On January 1, 1989, Malaysia acceded to the Paris Convention. On August 1, 1995, the Patents (Amendment) Act 1993 came into force together with the Patents (Amendment) Regulations 1995. On August 1, 2001, the Patents (Amendment) Act 2000 came into force together with the Patents (Amendment) Regulations 2001. On August 14, 2003, S3 & 6 of the Patents (Amendment) Act 2003 came into force. |
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1. Requirements of a Patent Application |
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1.1 Text of Disclosure (Specification). |
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1.1.1 Physical Requirements: Text should be in A4-size paper on one side of each sheet with minimum margins of 2 cm on all sides, typewritten in at least 1½-line spacing, preferably double line spacing. Page numbers should appear on the top at the centre. Reference numerals at every 5th line should appear at the left margin of each sheet. |
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1.1.2 Language: English language is the only other acceptable language besides the National Malay language. Measurements should be in metric, or SI, units. |
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1.1.3 Arrangement of Text: |
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1.1.3.1 Description with title of invention on top of first page. The following order of sections is recommended: |
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a. brief statement on the technical field |
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b. background or prior art discussion |
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c. summary of invention |
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d. brief description of figures (if any) |
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e. detailed description of the preferred embodiment(s) |
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f. specific examples |
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No drawings are allowed in the description although chemical structural formulas and reaction paths are allowed. |
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1.1.3.2 Claim or claims to begin on a fresh page. Each claim be numbered consecutively and cannot contain any drawings. Claims may not refer to the description, examples or drawings in respect of any technical features (i.e. omnibus claims are not allowable). |
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1.1.3.3 Drawings must be clear and drawn in well-defined lines. Formal drawings on bristol board are not necessary. |
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1.1.3.4 Abstract must commence with the title of invention and the text must not exceed 150 words. The most illustrative drawing should be indicated. |
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1.2 Inventor(s): Full name, address and nationality of each inventor. |
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Important: |
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An applicant or inventor resident in Malaysia must obtain prior written permission from the Malaysian Registrar of Patents to file or cause to be filed overseas in respect of a patent application unless it has been filed with the Malaysian Patent Office and a period of two months has elapsed without receiving any official directive prohibiting filing overseas. Contravention of this restriction is an offence punishable by a fine up to RM15,000.00 (approx. US$5600.00) or a prison term up to two years, or both. |
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1.3 Applicant(s): Full name, address and nationality of the applicant. Applications may be filed jointly by two or more co-applicants. Upon grant, the patent will be jointly owned. |
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1.4 Priority Claim: In accordance with the provisions of Article 4 C of the Paris Convention, the Malaysian patent application may claim the priority of a basic patent application by indicating the
atter's application number, filing date and country. More than one priority may be claimed. Certified copies of the basic application are NOT required, however. |
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1.5 Statement Justifying Applicant's Right: If the applicant is not the inventor, a brief or informal explanation on how the applicant is entitled to the invention is required, i.e. whether the rights have been obtained by virtue of employment contract, assignment, consultancy agreement or commission. We shall prepare the formal bona fide Statement for lodgment with the Patent Office. |
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1.6 Patent Agent Appointment form (Form 17): Non-resident applicants must appoint a registered patent agent to act on their behalf in all proceedings before the Malaysian Patent Office. The Form must be signed by the applicant's director, company secretary, principal officer or a person duly authorized by the applicant. The name and capacity of the signatory must appear beneath his signature in the said Form. |
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