Wednesday, February 16, 2011

Patents (Amendment) Regulations 2011

Highlight of Patents (Amendment) Regulations 2011
Enforcement date: 15 Feb 2011

* Substantive examination request
A request for substantive examination shall be made within 18 months of the filling date (formerly 24 months).

* Expedited examination
A means to expedite patent examination is introduced. A request for expedited examination can be made after 18 months of the application if the Registrar is satisfied if the application is involved in one of the following criteria:
1. National or public interest
2. Infringement proceedings
3. Commercialized invention
4. Monetary benefits from the Government or recognized institutions
5. Green technology

* Revised and new official fee
The official fees are revised upwards 40-50%. The new schedule of fees are available at www.myipo.gov.my

The regulations are applicable for granted patents, newly filed patent applications, including pending applications prior to substantive examination request.

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