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Obtaining Intellectual Property Right

Application with Malaysia IPO

• Patents (Required Documents)
• Trademark (Required Documents)
• Design(Required Documents)

Patents

• Under Paris Convention
  • English description, claim's, abstract, drawings and sequence list
  • Appointment of Agent (Form 17) (Scanned copy of original siigned document is sufficient・Late submission after filing application is possible)
  • Statement justifying Applicant's right to patent (Form 22), e.g . It is by an assignment or employment contract with an inventor
• Priority Claimed
  • Statement of prioirty in the Application (Priority Document in paper is not necessarily required but if Registrar require the submission of prioirty document, it should be submtted within 3 months from the request.)
• Others:
  Substantive Examination must be requested within 18 months from the filing date by the following route:
  • Substantive Examination (SE)by MYPO Examination practice
  • Modified Substantive Examination (MSE) by referring to Examination results of a corresponding foreign application (US, UK, AU, EPO, KR & JP)
  • Deferement of MSE due date for 5 years
• PCT Malaysia National Phase
  Entry Time Limit =30 months from the date of priority or International Filing Date
  • English description, claims, abstract, drawings and sequence list
  • English translation of PCT/RO/101
  • Appointment of Agent (Form 17) （Scanned copy of original siigned document is sufficient・Late submission after filing application is possible）
  • Statement justifying Applicant's right to patent (Form 22), e.g . It is by an assignment or employment contract with an inventor
• Others:
  Substantive Examination must be requested within 4 years from the international filing date by the following route:
  • Substantive Examination (SE)by MYPO Examination practice
  • Modified Substantive Examination (MSE) by referring to Examination results of a corresponding foreign application (US, UK, AU, EPO, KR & JP)
  • Deferement of MSE due date for 5 years

Trademark (Multi-class application acceptable)

• Trademark Sample (In case of a mark in non-English word, English translation and pronounciation are required)
• No Power of Attorney required (TM2)
• For Priority Claimed
  Priority Document with English translation

Design

Documents Required for Application: (Late submission is not acceptable)

• A representation of the design (drawings, photographs)
• Description of Design (Form ID2)
• Appointment of Agent (Form ID10) Scanned copy of original signed document is sufficient no legalization/ notarization requirement
• If the applicant is not a designer, the information of applicant's right, eg by assignment or employee invention contract, etc.
• Priority documents if claiming prior rights Scanned copy is sufficient

Note: Duration
Duration: 5 years from filing date or priority date
Four times of renewal of the duration for every 5 years may be obtainable.