Question 8
We have a client with broad international patent coverage, but unfortunately no patent in Malaysia. I understand that the Malaysia patent system may be relatively new. Are the patents issued by any other countries (such as the UK) enforceable in Malaysia under some limited circumstances?
Answer 8
The patent system in Malaysia is not new but has been in existence since 1983 (which was replacing the old British Registration system). Malaysia has now an independent Patent system. As such, Malaysia has no provisions to obtain protection based on other countries (e.g the United Kingdom) as was the case prior to 1983 (even for limited circumstances).
Your client can file a Non-Convention application (which will not claim any priority) to be absolutely sure that your client's competitors are barred from filing any small variations of the same technology in Malaysia.
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