Question 1
A client of us is planning to conduct a five year extension after the first ten years of protection right for a Malaysian Utility Model. According to our information – to file such a request for extension an affidavit of use must be filed in Malaysia.
We’d like to know from your side if you could also act on the renewal of an utility model. If you could prepare the affidavit of use which is to be signed by the owner. Please let us know if this affidavit must be notarized.
Answer 1
We confirm that utility model can be extended for two terms of five (5) years each. In total, utility model in Malaysia can have the protection for a maximum period of twenty (20) years.
We are able to act on renewal matters if you instruct us to do so.
To affect the extension for the protection of the utility model to five (5) years, we need to file the request via Form 15, Declaration of Use and paying the requisite fee. The declaration has to be notarised by the Notary Public in your country, and the original document needs to be sent to us, for filing with the Registry.
In order to proceed with drafting the Affidavit of Use and filing for extension, we would require following details from your goodself:
a) Utility Innovation grant no.
b) Details of the distributor of the utility model in Malaysia
c) Additional information that will prove the commercial use of the utility model in Malaysia.
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