Patent Lawyers & Registered Patent Agents · Malaysia

Patent Lawyer & Patent Agent in Malaysia

Our patent lawyers and registered patent agents take an invention from first disclosure to a granted Malaysian patent, and act as local patent attorneys for foreign applicants and their overseas agents.

Patent lawyer and patent agent in Malaysia reviewing an invention

What a Malaysian Patent Protects

A granted patent under the Patents Act 1983 gives you the exclusive right to make, use, sell and import your invention in Malaysia for up to 20 years from the filing date. In return, the invention is published in full. Patent rights are territorial, so a Malaysian patent does not protect you abroad.

Three requirements must all be met: novelty, inventive step and industrial applicability. Our guide to patentability in Malaysia explains each one, along with the Section 13 exclusions.

Timing matters. If you have already shown the invention publicly, for example at a trade show, read about public disclosure and the grace period before you do anything else. If you are not sure a patent is the right tool at all, see patent or trade secret.

Patents sit within our wider intellectual property practice, alongside trademarks, copyright, designs and enforcement.

Patent filing and prosecution under the Malaysian Patents Act 1983

From First Disclosure to Granted Patent

Every patent application follows the same path. We handle each stage, for Malaysian inventors and for overseas applicants instructing us through their own agents.

1

Confidential patentability assessment

We review your disclosure under a confidentiality obligation, run a prior art search and advise whether the invention is likely to meet the novelty, inventive step and industrial applicability tests. We also advise whether a patent, a utility innovation or a trade secret is the better fit.

2

Drafting the specification and claims

The claims define the scope of your monopoly, and amendments after filing are limited to what the original specification supports. We draft the description, drawings and claims carefully before anything is filed.

3

Filing at MyIPO

We file a Malaysian national application, a convention application claiming priority from an earlier foreign filing made within the last 12 months, or a PCT national phase entry within 30 months of the earliest priority date.

4

Examination and office actions

MyIPO examines the application for novelty, inventive step and industrial applicability. We respond to objections and adverse reports. Where a corresponding foreign patent has been granted in a recognised jurisdiction, modified substantive examination can shorten the process.

5

Grant

Once the application meets the requirements, the patent is granted and you hold exclusive rights in Malaysia for up to 20 years from the filing date. From filing to grant typically takes 3 to 5 years.

6

Renewals and maintenance

Renewal fees must be paid to keep the patent in force. We diarise every deadline for our clients so that a valuable patent is never lost through an oversight.

7

Licensing and enforcement

A granted patent can be licensed, assigned or enforced against infringers. Our IP enforcement team advises on licensing terms, infringement analysis and litigation.

Patent Terms and Deadlines at a Glance

Patent deadlines are strict and most cannot be extended. Confirm your own dates with a registered patent agent as early as possible.

Item Rule Why it matters
Patent term 20 years from the filing date Under the Patents Act 1983
Utility innovation Initial 10 years, extendable in two five-year blocks to 20 Single claim; no inventive step requirement
Convention priority 12 months from the first filing abroad File in Malaysia within this window to claim the earlier date
PCT national phase 30 months from the earliest priority date Missing this date can forfeit Malaysian protection
Grace period 12 months for the inventor's own disclosure Section 14(3); narrow, and not recognised in many other markets
Time to grant Typically 3 to 5 years Depends on the technology and any office actions

Based on the Patents Act 1983 and MyIPO practice. This page is general information, not legal advice.

Official fees. MyIPO sets the government fees for filing, examination and annual renewal. They are published on MyIPO's Patent Forms and Fees page. We do not quote our professional fees on this website. We assess each invention first, then confirm the official fees and our scope of work in writing before we file.

Patents in Malaysia: Common Questions

Straight answers to the questions inventors and overseas agents ask us most often.

How much does it cost to file a patent in Malaysia?
The government fees are set by MyIPO and vary by stage: filing, substantive examination and annual renewal. They are published on MyIPO's patent forms and fees page. Professional costs depend on the complexity of the invention, the length of the specification and how many office actions arise, so we assess each invention first and confirm the scope of work in writing before we file.
How long does it take to get a patent in Malaysia?
From filing to grant typically takes 3 to 5 years for a national Malaysian patent, depending on the technology and whether substantive examination raises office actions. Modified substantive examination, available where a corresponding foreign patent has already been granted in a recognised jurisdiction, is significantly faster. PCT national phase entries follow the same examination pathway after entry.
Can I still patent my invention if I have already shown it in public?
Possibly. Section 14(3) of the Patents Act 1983 provides a 12-month grace period for disclosures made by the inventor, or by someone who obtained the information from the inventor, provided you file within 12 months of the disclosure. The grace period is narrow, and many major markets, including the European Union and China, apply absolute novelty with no general grace period. Speak to a registered patent agent as soon as possible.
What is the difference between a patent and a utility innovation?
A patent requires novelty, inventive step and industrial applicability, and runs for 20 years from filing. A utility innovation requires only novelty and industrial applicability, is limited to a single claim, and runs for an initial 10 years, extendable in two five-year blocks to a maximum of 20. It suits incremental improvements that might not pass the inventive step test.
Do I need a patent agent to file in Malaysia?
An applicant with no address in Malaysia must act through a local agent, so foreign applicants generally appoint a registered Malaysian patent agent. Local applicants can file directly, but the claims define the scope of your protection and amendments after filing are limited to what the original specification supports, so drafting is worth doing carefully and early.
Can software or a business method be patented in Malaysia?
Malaysian law does not expressly exclude computer programs from patentability. However, inventions claiming purely abstract algorithms, mental acts or methods of doing business may be refused under Section 13 of the Patents Act 1983. Software inventions that produce a technical effect or solve a technical problem stand a better chance, and how the claims are framed matters.

Have an Invention to Protect?

Speak to our patent lawyers in confidence before you disclose or file. We act for Malaysian inventors and for overseas applicants and their foreign agents.

Contact Our Patent Team →