Reinstatement of a national phase application in Malaysia

Question 8
We have a client that has missed the 30-month deadline for entering the national phase in Malaysia for two applications. The deadline was May 2, 2008 for both applications. Is there anyway possible to file a late entry in Malaysia?

Answer 8
The answer is: Yes, it is possible to reinstate a time lapsed application.

The Procedure for Reinstatement:

Section 780(a) of the Act deals with reinstatement as follows:
An applicant of a PCT application designating Malaysia must before the expiration of 30 months from the priority date submit to the Malaysian Registry a copy of the international application in English and pay the prescribed fee, failing which the international application will be considered withdrawn for the purposes of the Malaysian Patents Act. Once deemed withdrawn, the international application may only be reinstated where:
1. the applicant has made a request in writing to the Malaysian Registry by paying
a)the prescribed fee which is the standard application fee, and submitting a copy of the international application in English
b)a written statement specifying the reasons for failure to comply with national entry requirements
c)a supporting declaration or other evidence;
2. said request was made within 2 months from the date of removal of the cause of the failure to meet the 30-months deadline, or within 12 months from the expiration of said deadline, whichever expires earlier; and
3. the Malaysian Registry is satisfied that the failure was unintentional.
4. payment of the prescribed fees in addition for late filing.

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