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Information Needed on Abandonment or Lapse Procedures
- Does your country’s local patent office issue an official notice of abandonment? If applicable, please differentiate between filing an official notice of withdrawal and simply allowing the case to lapse without filing a withdrawal.
Yes, MyIPO (Intellectual Property Corporation of Malaysia) issues a Notice of Refusal (Abandonment) if the said application/ patent was abandon/ lapsed. The application/ patent can be abandon by filing a form with an authorized signature to file a withdrawal officially. However we practice by allowing the application/ patent to be lapsed.
- If your local patent office does issue an official notice of abandonment, how long does it typically take for it to issue?
The Notice of abandonment will be issued within 3 months from the date of filing an official notice of abandonment or if the application/ patent lapsed.
- Do you report to US counsel the official notice of abandonment once received?
We do not report or send the official notice of abandonment, however if requested we will be able to provide the said notice.
- If you have received official instructions from us to allow a case to lapse when there are no outstanding deadlines in said case, do you report to us any newly issued office actions?
Yes, but we will just forward a copy of the issued office action for your record without accompanied reporting letter.
For more information, contact us at: malaysia@mirandah.com
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