Question: Please Advice on Publication of a Patent in Malaysia.
1. For an application filed directly into Malaysia, claiming priority under the Paris Convention of an earlier filed non Malaysian patent application,
a) Does the Malaysian Patent Office publish this new application at 18 months from priority?
Answer: i) In Malaysia, a patent will be published in the Government Gazette only upon grant of the patent.
Answer: i) In Malaysia, a patent will be published in the Government Gazette only upon grant of the patent.
ii) Upon eighteen (18) months from the priority date or filing date of a patent application, the Registrar shall make available for public inspection the following as provided in Section 34 of the Malaysian Patents Act 1983 upon payment of the prescribed fee:
Section 34: Public inspection
(1)The Registrar shall make available for public inspection after eighteen months from the priority date or filing date of a patent application and upon payment of the prescribed fee —
(a) the name, address and description of the applicant and the name and address of his agent, if any;
(b) the application number;
(c) the filing date of the application and, if priority is claimed, the priority date, the number of the earlier application and the name of the State in which the earlier application was filed or where the earlier application is a regional or an international application, the name of the country or countries for which and the office at which it was filed;
(d) the particulars of the application including the description, claim or claims, drawing or drawings, if any, and the abstract and any amendments to the application, if any; and
(e) any change in ownership of the application and any reference to a license contract appearing in the file relating to the application.
(2) Notwithstanding subsection (1) a patent application shall not be made available for public inspection if —
(a) the patent application is withdrawn or refused or deemed to be withdrawn or refused before the expiry of the period of eighteen months from the priority date or filing date of the patent application; or
(b) it appears to the Registrar that the application contains information which contravenes public order or morality.
b) If so, does the PTO issue a unique publication number or does the PTO publish the application under the original Malaysian application number?
Answer: The Publication Number is the Grant Number.
2. For an application filed into Malaysia via the PCT, claiming priority under the Paris Convention of an earlier filed non- Malaysian patent application, does the Malaysian Patent Office republish this application in Malaysia or is the WO publication used in place of a new publication in Malaysia? If the Patent Office republishes the application after entry into the national stage, what number is used for this new publication?
Answer: See answer 1a (i) above- In Malaysia, a patent will be published in the Government Gazette only upon grant of the patent.
3. Is there a public database where we can search for Malaysian patent and application data? If so, could you please provide the link?
Answer: The following link is the public database provided by MyIPO to search for Malaysian pending applications (after 18 months from the priority date) and all granted patents.
For more information, contact us at: malaysia@mirandah.com
