Correction procedures for granted Patents in Malaysia

1. Is it possible to file a request to correct a granted patent?

Yes it is possible to file a Request for Post-Grant Amendments to correct a granted/issued patent.

2. What is the general procedure?

We need to file a Statutory Declaration with the amendments and an Official form (Form 16A).

3. What specifically can be corrected in a granted patent? What may not be corrected?

Amendments can be done on the patent specification as long as the amendments shall not go beyond the disclosure in the initial application.

4. Is there a fee for filing a request to correct?

Yes, there is an official fees for filing the amendments as well as our professional fees for filing and submitting Statutory Declaration.

5. Does the fee change based on the cause of the error? (i.e., publication error by the Patent Office or an error on our part)

There will be no fees incurred if the error is caused by the Patent Offfice.

6. Are there any other costs?

There will be no other costs incurred.

7. Is there a delineated or stated time-line in which to file? If not, can you provide me with a rough estimate of when a request may be filed?

A request may be filed upon grant of the patent as long as the issued patent is not pending before any court proceedings.

8. What is required to correct the patent? For example, would simple instructions of how to fix the error be sufficient or would the applicant need to send the issued patent back?

Please let us have the amendment sand, we will able to prepare the rest at our end.

9. Is a form required? If so, please provide the form.

We will be able to submit the forms at our end.

10. At the end of the process, does an actual corrected sealed patent get issued or does the patent office just issue a certificate that can be attached to the original patent?

The Patent Office will issue a Certificate that can be attached to the Original Patent.

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