Patents - Filing Requirements


Patent Filing Requirements

Notes
There are two ways in which an invention can be protected. Either by applying a national filing, or through the Patent Cooperation Treaty (PCT international application):

National application requirements:
1- Power of attorney simply signed.
2- Specifications, claims, and abstract.
3- Full particulars of the applicant and inventor(s).
4- Deed of assignment document if the applicant is not the inventor, notarised.
6- Certified copy of the priority document if claimed.

PCT application:
As of 16 August 2006, the Patent Cooperation Treaty (PCT) entered into force in Malaysia within 30 months from the filing date or the priority date of the international application, whichever is earlier.

PCT filing requirements:
1- Power of attorney simply signed. The name and tile of the signatory must be indicated.
2- International application form.
3- International search report.
4- PCT demand.
5- PCT preliminary examination report.
6- Certified copy of the priority document if claimed (must be filed within 3 months form filing date non extendable).

Annuity Requirements
  • No documents are required.

Patent Search
  • No documents are required.

Patent Assignment
  • Power of attorney signed by the assignee, notarised.
  • Deed of assignment document signed by the assignor and assignee, notarised.

Notes
  • Late filing of documents: not allowed.

Patent Merger
  • Power of attorney, notarised.
  • Merger agreement document signed by both parties, notarised.

Notes
  • Late filing of documents: not allowed.

Patent Recordal of Change
  • Power of attorney reflecting the new name or address, notarised.
  • Certificate of incorporation or extract from the commercial register reflecting the change, notarised.

Notes
  • Late filing of documents: not allowed.

Patent License
  • Power of attorney signed by the licensee, notarised.
  • License agreement document signed by both parties, notarised.

Notes
  • Late filing of documents: not allowed.