Requesting Examination and Extension of time in Malaysia

Question 5
Please kindly explain the term and under what situation(s) would an applicant file a request for modified substantive examination.

Answer 5
Term:
For a direct Malaysian application: 24 months from the filing date or 60 months form the filing date if a deferment is filed
For a PCT National Phase Malaysian application: 48 months from the international filing date or 60 months form the international filing date if a deferment is filed

Situation:
If a patent has been granted to the applicant in a Patent Office in any one of the prescribed countries (prescribed country being United States, Europe, United Kingdom, Australia, Japan or Republic of Korea), the applicant may, instead of requesting for a substantive examination, request for a modified substantive examination.

Question 6
Please kindly explain the term and under what situation(s) would an applicant need to file a deferment of examination.

Answer 6
Term:
For a direct Malaysian application: 24 months from the filing date
For a PCT National Phase Malaysian application: 48 months from the international filing date

Situation:
An applicant may file for a deferment of the examination if
(a) a patent in a prescribed country has not been granted or is not available, or
(b) the information or documents below are not available:
(i) any prescribed information concerning the filing of any application filed outside Malaysia
(ii) any prescribed information concerning the results of any search or examination carried out by an International Search Authority under the PCT

Question 7
Please kindly explain the term and under what situation(s) would an applicant need to file a request for an extension of time.

Answer 7
Term & Situation:

Normally, extension of time is requested by an applicant to respond to an adverse examination report. The applicant may apply for an extension of time only once and the maximum allowed extension of time is 9 months.

Please note that extension of time is not allowed for:
(i) the right of claiming priority, wherein the Malaysian application has to be filed within 12 months of the foreign application to claim priority of the same.
(ii) the deferment period, wherein upon filing for a deferment, the applicant is required to file either substantive or modified substantive examination within 60 months form the filing date.