Converting Patent Applications

Question 5
Does the Malaysian Patents Act have the provision for converting patent applications to other kinds of applications?

Answer 5
An application for a patent may be converted into an application for a certificate for a utility innovation and vice versa. An application that has been converted shall be deemed to have been filed at the time the initial application was filed. A request for the said conversions should be filed no later that six months from the date of mailing of the Examiner’s report pursuant to the applicant’s request for either a full or modified substantive examination.

The said request should be made to the Registrar with a prescribed form and with the payment of a prescribed fee. It is to be noted that the prescribed fee paid for the initial application is not refundable. Where the conversion was made out of the satisfaction of the Registrar, the applicant will be notified of the same in writing.

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