Services / Patent
From an idea to a considered plan.
A clearer conversation about the work behind your invention.
Discuss an inventionAgree how to share the details first.
Keep the first enquiry general. You do not need to put confidential technical details in this form. Ask Cathca how to share the information needed for the next discussion.
Patent registration in Malaysia.
A patent in Malaysia protects a new technical invention for twenty years from its filing date. Patent applications in Malaysia are filed with the Intellectual Property Corporation of Malaysia (MyIPO) under the Patents Act 1983. Cathca helps you understand whether your invention qualifies, plan the search and the filing route, and prepare the information a patent application needs.
You have developed a technical product or process and want to know whether it can be patented, what it will cost and how to file, before you disclose it or take it to market.
What to prepare
- A short technical description and any available drawings
- Inventor and proposed applicant details
- Details of any earlier disclosure, publication or application
Keep the first enquiry general. You do not need to put confidential technical details in this form. Ask Cathca how to share the information needed for the next discussion.
How Cathca helps
- Discuss the technical problem, your solution and what makes it different.
- Assess the information needed for a patent search and filing strategy.
- Map the preparation required for the specification, drawings and application.
The scope and professional fee are confirmed in a quotation before you instruct the work.
Read the details
What can be patented in Malaysia.
An invention qualifies when it is new, involves an inventive step and can be made or used in industry.
Discoveries, scientific theories and mathematical methods, plant or animal varieties and essentially biological processes, business schemes, rules or games, and methods of treating humans or animals cannot be patented.
If you have already shown the invention to others, the Act allows a grace period: a disclosure by the applicant within the twelve months before filing does not count against the application.
How a patent application moves through the Trademark Office.
You file the application with the Trademark Office, which checks its formalities and issues a certificate of filing, then carries out a preliminary examination. The application is published eighteen months after filing, or after the earliest priority date.
Within eighteen months of filing you must request substantive examination, or a modified substantive examination that relies on a corresponding patent already granted in Australia, the United Kingdom, the United States, Japan or Korea. The Trademark Office issues an examination report, and you have two months to answer or amend.
Once granted, the patent is open to opposition for six months from the publication of the grant, and anyone may file observations within three months of the application's publication.
How long a patent lasts, and what it costs to keep.
A Malaysian patent lasts twenty years from the filing date. Annual fees are due from the second year after grant, and they rise each year.
A missed annual fee can be paid within six months with a surcharge. If the patent lapses, it can be reinstated within twelve months of the lapse notice where the failure was accidental or a mistake.
Patent fees in Malaysia.
Official fees apply at each stage: filing the application, requesting substantive examination (or a modified examination based on a foreign grant, which costs less), and expedited examination if you need it. A utility innovation has its own, lower application fee.
Your quotation shows every official fee and Cathca’s fee for your invention before we start.
Utility innovation, the smaller route.
A utility innovation certificate protects a smaller technical improvement without the inventive-step test. It lasts ten years from filing and can be extended twice by five years each, subject to proof that the innovation is in use in Malaysia.
It has its own application and annual fees, lower than a patent’s; your quotation shows them.
Filing abroad and the PCT route.
A Malaysian patent protects the invention in Malaysia only. Malaysia has been a member of the Patent Cooperation Treaty since 16 August 2006, so one international application can be used to enter the national phase in other member countries, in Malaysia within thirty months of the priority date.
Malaysian individuals pay a much reduced PCT international filing fee. A resident of Malaysia must obtain the Trademark Office’s written authority, for a fee, before filing an application abroad first.
Before you begin
How much does a patent cost in Malaysia?
The total cost depends on the type of patent application and the stages it reaches.
There are fees for filing and examination. The examination fee is lower where the modified-examination route relies on a foreign patent grant. Annual fees apply after grant and increase over time.
Cathca’s quotation shows the official fees and our professional fee before work begins.
How long does a patent last in Malaysia?
A Malaysian patent lasts 20 years from filing, provided you pay the annual fees from the second year after grant.
You can pay a missed annual fee within six months with an extra charge. A lapsed patent can be reinstated within twelve months of the lapse notice if the missed payment was accidental.
What cannot be patented in Malaysia?
The Patents Act 1983 excludes certain things from patent protection, including:
- Discoveries, scientific theories and mathematical methods.
- Plant or animal varieties and mainly biological processes.
- Business methods, mental methods and rules for games.
- Methods of treating the human or animal body.
A technical product or process must be new, involve an inventive step and be usable in industry. Cathca can help assess the appropriate application route.
Can I still patent my invention after showing it to customers?
You may still be able to apply for a Malaysian patent. It depends on what you showed and when.
The Act allows a twelve-month grace period for disclosure by the applicant. Showing or selling the invention within the twelve months before filing does not, by itself, prevent an application. Earlier or wider disclosures can affect whether it qualifies.
Before showing it further, tell Cathca what you disclosed, to whom and when. We can assess the filing position with you.
How long does patent registration take in Malaysia?
The time to get a patent depends on examination and the replies needed. There is no published standard duration for the normal examination route.
- The application is published eighteen months after filing.
- Examination must be requested within eighteen months of filing.
- The grant date depends on when examination is requested and how the examination report is answered.
Cathca explains the stages and checks whether expedited examination may suit your case. We quote before making the request.
What is a utility innovation?
A utility innovation protects a technical improvement. It does not need to meet a patent’s inventive-step test.
An examiner still reviews the application. Protection lasts ten years from filing. It can be extended twice for five years each, with proof that it is used in Malaysia.
The application fee is lower than for a patent. Cathca explains which route fits and shows the cost in the quotation.
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