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ASEAN: Major amendment to Malaysian patent law around the corner

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ASEAN: Major amendment to Malaysian patent law around the corner

In December 2021, both chambers of the Malaysian parliament passed the Patents (Amendment) Act 2021, which stipulates comprehensive revisions to Malaysian patent legislation. Before entering into force, the draft still needs approval by the Yang di-Pertuan Agong (or king), the head of state.

Various provisions will be highly relevant for patent information users searching and monitoring Malaysian patent applications. Some of the key changes include the following:

  • Introduction of a post-grant opposition system to challenge granted patents. Interested parties can file requests within six months from the publication of the granted patent. The outcome of the opposition procedure may be appealed at the court within one month from the handing down of the decision by the patent authority.
  • Publication of applications in the IP Online journal 18 months after filing/priority. Up to now, only granted patents have been published. Under the new regulations, the publication will include bibliographic information (filing date and number, applicant names, titles, etc.) but not the complete specification with description and claims.
  • Introduction of a third-party observation system. Third parties will be able to submit comments on pending applications within three months from the publication of the application (for a fee).
  • Restoration of priority date possible upon request within two months from the expiry of the priority period (if the deadline was missed unintentionally).
  • Confirmation by the patent authority that a refusal decision is final and can only be challenged by an appeal to the court.

For further information, please refer to the consultation paper on the planned amendment published on the website of the Intellectual Property Corporation of Malaysia (MyIPO).

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