🇲🇾 South East Asia

Malaysia IP Filing Guide

Malaysia offers a modern IP system administered by the Intellectual Property Corporation of Malaysia (MyIPO). Malaysia joined the Madrid Protocol in December 2019, significantly expanding international trademark filing options. The system accepts filings in English or Bahasa Malaysia.

Paris Convention PCT Member Madrid Protocol

Filing Requirements

  • Documents in English or Bahasa Malaysia
  • Name, address and nationality of applicant(s) and inventor(s)
  • Complete Specification in English or Bahasa Malaysia
  • POA may be filed during formal examination (~1 month after filing)
  • Priority document and certified English translation within 3 months
  • PCT National Phase: entry within 30 months

Prosecution Steps

  1. Filing of patent application
  2. Publication after 18 months
  3. Request for examination: within 18 months (direct) or 4 years (PCT)
  4. Two types of examination: substantive or modified (if patent granted in AU/US/JP/KR/UK/EPO)
  5. Reply to objections: 2 months + 3 months extension
  6. Grant of patent (no grant fee)
  7. Renewal fees; late payment within 6 months with surcharge

Utility Innovation

  • Utility Innovations available (limited to one claim)
  • Does not require inventive step; covers new products, processes or improvements
  • Protection: 10 years + two 5-year extensions (max 20 years)
20
Year patent term
From filing date

Filing Requirements

  • Full name, address, status and nationality of applicant(s)
  • Trademark and class description
  • No POA or Statutory Declaration required (under Trademarks Act 2019)
  • Non-traditional marks (shape, colour, sound, scent) registrable
  • Priority: within 6 months; certified copy within 30 days of filing
  • Multi-class filing permitted; division of application allowed

Registration Process

  1. Filing of application
  2. Examination — objection report within 4–8 months
  3. Reply to examination report (within 30 days)
  4. Acceptance and publication in Trade Marks Journal
  5. Opposition: 2 months from publication
  6. Certificate of Registration issued
10
Year registration
No proof of use needed for renewal

Non-use for 3 continuous years is ground for cancellation; "proper reasons" defence available under 2019 Act.

Filing Requirements

  • Name, address and nationality of applicant(s) and creator(s)
  • Title, classification; statement of authorship
  • Multiple views of the article
  • Priority claim within 6 months; certified copy within 3 months
  • Duly signed POA (Form ID-10)
25
Year max design term
5 years × 5 renewals

Key Facts

Patent Office MyIPO — Intellectual Property Corporation of Malaysia
PCT Member Yes — national phase within 30 months
Madrid Protocol Yes — member since December 2019
Patent Term 20 years from filing date
TM Term 10 years (no proof of use for renewal)
Design Term 25 years (5 years × 5 renewals)
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