Please advise if there is a grace period from publication for filing in Malaysia? If so, what is the time period and what evidence is required?

1. A novelty grace period of one (1) year is provided for filing a patent application in Malaysia.

2. Subsection 14 (3) (a) and (b) of the Malaysian Patents Act 1983 on Novelty.

14 (3) A disclosure made under paragraph (2) (a) shall be disregarded -

(a) if such disclosure occurred within one year preceding the date of the patent application  and if such disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title;

(b) if such disclosure occurred within one year preceding the date of the patent application and if such disclosure was by reason or in consequence of any abuse of the rights of the applicant or his predecessor in title;

3. Subsection 14 (2) (a) of the Malaysian Patents Act 1983 on prior arts.

(2) Prior art shall consist of-

(a) everything disclosed to the public, anywhere in the world, by written publication, by oral disclosure, by use or in any other way, prior to the priority date of the patent application claiming the invention;

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