Patent Filing and Enforcement in Malaysia: A Complete Guide for Businesses

Key Takeaways

Malaysian patent law is governed by the Patents Act 1983, administered by MyIPO.
Two protection routes: Standard Patent (20 years) and Utility Innovation Certificate (10+5+5 years).
Full examination typically takes approximately 3 years from filing.
Substantive examination must be requested within 18 months of filing.
Foreign applicants must appoint a registered Malaysian patent agent — self-filing is not permitted.
Annual maintenance fees apply from year 2 onwards to keep a patent in force.
Accelerated examination is available via ASPEC, PPH, and modified examination routes.

What Is a Patent and What Can Be Protected in Malaysia?

A patent is a legal right granted by the government that gives the inventor exclusive control over the commercial use of their invention for a defined period. In Malaysia, patent protection is governed by the Patents Act 1983.

To be patentable in Malaysia, an invention must be:

Novel — not publicly disclosed anywhere in the world before the filing date (a one-year grace period applies for the applicant’s own prior disclosures)
Inventive — not obvious to a person skilled in the relevant field
Industrially applicable — capable of being made or used in industry

Things that cannot be patented in Malaysia include discoveries, scientific theories, mathematical methods, business methods, computer programs as such, and methods of medical treatment.

Two Types of Patent Protection in Malaysia

Malaysia offers two distinct patent protection routes, each suited to different business needs.

Feature	Standard Patent	Utility Innovation (UI)
Protection period	20 years from filing	10 years (extendable +5+5 years)
Inventive step required	Yes	No
Examination type	Full substantive examination	Formality examination only
Best for	Breakthrough inventions	Incremental improvements, new product variants
Time to protection	~3 years	Faster (no substantive exam)

Standard Patents are the full patent route offering the strongest protection for novel, inventive innovations across any industry. The 20-year term is calculated from the filing date, not the grant date.

Utility Innovation Certificates are ideal for businesses with product improvements or new designs that may not meet the inventive step threshold for a full patent. Because no substantive examination is required, protection can be obtained faster and at lower cost.

Step-by-Step: How to File a Patent in Malaysia

Step	What Happens	Timeframe
1. Prior art search	Search existing patents globally to assess novelty and refine claims	1–2 weeks
2. Prepare specification	Draft claims, description, abstract, and drawings	2–4 weeks
3. File application	Submit to MyIPO with applicant details, inventor declaration, and fee	Filing day
4. Formality examination	MyIPO checks documents are complete	1–3 months
5. Request substantive examination	Must be filed within 18 months of filing date	Within 18 months
6. Substantive examination	MyIPO reviews novelty, inventive step, and industrial applicability	12–24 months
7. Respond to examination reports	Address any objections raised by MyIPO examiner	As required
8. Grant	Patent granted and published; annual fees begin	~3 years total

Applications can be filed in English or Bahasa Malaysia. English is standard for most business and cross-border applications.

Do You Need a Patent Agent in Malaysia?

Malaysian residents and businesses may file patent applications directly with MyIPO.

Foreign companies and individuals are legally required to appoint a registered Malaysian patent agent. Form 17 (authorisation) is required to formally engage the agent. Unlike some jurisdictions, Malaysia does not require the Power of Attorney to be notarised or legalised a signed original suffices.

Even where self-filing is permitted, engaging a qualified patent agent pays dividends. Patent claim drafting is a specialised skill; a poorly drafted claim set can significantly limit the scope of your protection, or lead to rejection after years of examination.

How Much Does Patent Filing Cost in Malaysia?

Filing costs include MyIPO official fees plus professional fees if you engage a patent agent.

Key cost factors:

Number of claims — fees are calculated per claim block (first 10 claims, then incrementally higher per additional claim)
Examination type — standard substantive examination or modified examination (faster, lower cost if a corresponding patent has been granted in Australia, EU, UK, Japan, Korea, or the US)
Annual maintenance fees — due from year 2, increasing each year through to year 20

Annual maintenance is an ongoing commitment. If fees are missed, the patent lapses though a 6-month grace period (with surcharge) applies for late payment. Budget for maintenance costs across the full 20-year term when assessing the return on your patent investment.

Accelerating Your Malaysian Patent Application

Three routes can significantly reduce the time from filing to grant:

1. Modified Substantive Examination

If a corresponding patent has already been granted in Australia, the EU, the UK, Japan, Korea, or the US, you may request a modified examination. MyIPO will rely on the examination work already completed by that patent office, removing the inventive-step review and reducing processing time considerably.

2. ASPEC (Asian Patent Examination Cooperation)

A cooperation programme among ASEAN patent offices. If your invention has been examined and allowed in one participating country, you can use those results to accelerate examination in Malaysia and other ASPEC member states.

3. PPH (Patent Prosecution Highway)

Where a claim has been allowed by a partner patent office, you can request that MyIPO fast-track examination of the corresponding Malaysian application under the PPH programme.

Enforcing Your Patent in Malaysia: What Are Your Options?

A granted patent is only as valuable as your ability to enforce it. Malaysian law provides several enforcement routes.

Civil action in the High Court

Patent infringement claims are heard in the High Court (IP Division). Available remedies include:

Injunctions to immediately stop the infringing activity
Damages or account of profits (whichever is higher)
Delivery up or destruction of infringing goods
Legal costs

Customs recordal

Registering your patent with the Royal Malaysian Customs Department allows you to request border seizure of infringing imports at the point of entry before they reach the market.

Negotiation and licensing

Enforcement does not always mean litigation. Many disputes are resolved through cease-and-desist letters, settlement agreements, or licensing arrangements. A licensing deal can turn a potential infringer into a revenue-generating partner.

Choosing the right approach: The most effective strategy depends on the infringer’s scale, your commercial relationship, and your budget. Most IP specialists recommend a graduated approach, starting with a formal cease-and-desist letter before committing to litigation.

Common Mistakes in Malaysian Patent Filing

Not conducting a prior art search first. A basic search before investing in a full application prevents wasted costs if your invention turns out not to be novel.

Filing too late. In most cases, public disclosure before filing destroys novelty. File before announcing your product then promote. The one-year grace period covers your own disclosures, but not third-party prior art.

Drafting claims too narrowly. Over-specific claims are easy for competitors to design around. A skilled patent agent drafts broad independent claims with narrower dependent claims as fallback positions.

Missing the substantive examination deadline. You must request a substantive examination within 18 months of filing. Missing this window means your application lapses.

Failing to budget for maintenance. Annual renewal fees increase over 20 years. Patents that aren’t maintained are lost and cannot be reinstated once abandoned.

Frequently Asked Questions

How long does a patent last in Malaysia?

A standard patent lasts 20 years from the filing date, subject to payment of annual maintenance fees. A Utility Innovation certificate lasts 10 years, extendable by two further 5-year terms (maximum 20 years total).

Can a foreign company file a patent in Malaysia?

Yes, but foreign applicants must appoint a registered Malaysian patent agent. Self-filing is not permitted for non-residents under the Patents Act 1983.

permitted for non-residents under the Patents Act 1983. What is the difference between a standard patent and a Utility Innovation?

A standard patent requires an inventive step and goes through full substantive examination (approximately 3 years). A Utility Innovation certificate does not require an inventive step and only requires formality examination making it faster and lower cost, though with a shorter initial term.

Can I accelerate my Malaysian patent application?

Yes. If a corresponding patent has been granted in Australia, the EU, the UK, Japan, Korea, or the US, you can request a modified examination at MyIPO. ASPEC and PPH cooperation routes are also available for eligible applicants.

What happens if someone infringes my Malaysian patent?

You can take civil action in the High Court for injunctions, damages, or account of profits. You can also record your patent with Royal Malaysian Customs to intercept infringing imports at the border before they reach the market.

Secure Your Innovation Before a Competitor Does

In competitive markets, the gap between filing and not filing a patent is the gap between owning your technology and watching a competitor profit from it. Malaysia’s Patents Act 1983 gives businesses the tools to protect genuine innovations but timing, accurate claim drafting, and proactive enforcement are what make that protection real.

KASS International has been advising businesses on patent filing and enforcement across Southeast Asia since 1999. Our registered patent agents handle the full process of prior art searches, specification drafting, MyIPO correspondence, examination responses, and enforcement action across 8 jurisdictions including Malaysia. Speak with a KASS patent specialist today or email us at hello@kass.asia to discuss your patent needs.