Wednesday, June 6, 2018

Malaysia as EPO Validation State?

EPO is approaching a number of countries to be validation states of EPO. Applicants for European patent can submit a request for obtaining and extending patents in validation states. The validation system is principally similar as designation system for contracting states of EPO.

Currently, there are four validation states namely Morocco, Moldova, Tunisia and Cambodia. MyIPO confirmed that EPO has proposed Malaysia as EPO validation state.

European patents are principally prosecuted by qualified European patent attorneys. Accepted European patent are extended to validation states by paying validation fees. The validation system can ease patent backlog faced by MyIPO.

I am of the view that the validation state system can be considered if it is tweaked to be a form of reciprocal cooperation arrangement.

I would appreciate if EPO allows Malaysians to qualify as European Patent Attorney and practice before the EPO. If European patent applicants and attorneys have direct access to Malaysia patent through validation system, EPO should provide the same access to Malaysian applicants and representatives. We can leverage on mutual cooperation to enhance local patent expertise and European market access.

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