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ASEAN: Major amendment to Malaysian patent law around the
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
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).