Entering Into Malaysia National Phase Of PCT Application

Question 1
Clarification on the examination procedure after entering into Malaysian national phase of PCT application?

Answer 1
Yes. The patent examination procedure in Malaysia is carried out by the Registrar of the Intellectual Property Corporation of Malaysia (MyIPO). The examination of a patent application is divided into 2 stages; preliminary examination (or formalities examination) where the patent application is examined as to form and substantive examination where the patent application is examined to substance and an applicant has a choice of either filing a request for a full or modified substantive examination.

Preliminary examination commences soon after the patent application has been filed at Malaysian Patent Act. The applicant may choose to defer the substantive examination by filing a request for deferment before the expiration of the prescribed period. With this request, the prescribed period for filing a request for substantive examination will be extended and no further extension of the same is allowed thereafter.

Question 2
If so, is it possible to pay the examination fee at same time as entering into Malaysian national phase or immediately after that?

Answer 2
Yes, it is possible to request for substantive examination at the same time as entering the Malaysian national phase. However, please be informed that the request for substantive examination must be made within the prescribed period i.e. within four (4) years from the filing date of the international application.

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