Patent Filing requirement for the formalities in Malaysia

1. We need to know the patent filing requirement for the formalities in your country; i.e. Malaysia.

1. Applicant’s particulars

1.1 Individual
Name
Citizenship
Address
1.2 Corporate Entity
Name
Type of entity, state whether private limited, public listed or others
Registered address
Country of incorporation
State of incorporation, where applicant is a US Corporation

1.3 Applicant who is not the inventor, provide how right to patent is derived from inventor

2. Inventor's particulars

Name
Citizenship
Address
Country of permanent residence
Confirm if resident in Malaysia during period of invention

3. Specification

3.1 Invention particulars
Description
Claims
Abstract
Drawings
3.2 Certificate of exhibiting authority confirming opening date and date of first disclosure, if
invention disclosed at an international exhibition before priority date
3.3 Prior disclosures, provide details

4. Where Priority is claimed

4.1 Certified True Copy of Priority application, if not in English, provide Verified English
translation
4.2 Priority particulars
Date
Application number
Country of filing

5. Forms

Power of Attorney
Statement Justifying Applicant’s Right

2. Could you please inform us about the required documents (i.e. power of attorney, assignment…) and the administrative formalities (i.e. priority document, certified translation…) needed for filing a national patent application (under priority or not).

To complete formalities requirement in Malaysia, the following documents must be submitted:

- Power of Attorney (signed by the authorized personnel of the applicant)
- Statement Justifying the Applicant’s Right - SJAR (i.e. how the applicant derives the right to the invention; is it via employment or Assignment. We will prepare the SJAR based on the information provided. The agent (Mr. Patrick Mirandah) will sign the SJAR

For a PCT National Phase Application, there is no requirement to submit the priority application documents. All necessary documents (like the PCT Publication, PCT Request Form) will be downloaded from WIPO website. For applications to be filed under Paris Convention, the details of the priority application must be provided by the applicant and if the priority application is not in English, then a verified English-translated of the same must be submitted.

3. Can you take into account in your reply that the priority application can be under a different name than the national patent.

For change in applicant name from the priority application to a Malaysian application; any official notification evidencing the change of name or Assignment document can be submitted.

For more information, contact us: malaysia@mirandah.com