Fees associated with filing industrial design applications in Malaysia, as well as other design fees, are available in the fee calculator.
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Multiple design applications
The industrial design application in Malaysia may be filed in respect of several design embodiments, provided they relate to the same class of the International Classification for Industrial Designs or to the same set or composition of articles.
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Filing requirements of design application in Malaysia
To obtain the filing date, it is necessary to provide the Intellectual Property Corporation of Malaysia with:
- information about the applicant;
- at least one set of the representation of the design;
- the Power of Attorney;
- the name of article and statement of novelty;
- details of any priority claim (number, filing date and country).
The original POA form must be submitted simultaneously with filing a design application in Malaysia. Legalisation or notarization is not required. However, if the representation of the POA is not available, current practice allows filing a certified copy of the signed form, provided the original follows later.
The сertified сopy of the Priority Document may be requested by the Registar and should be filed within the specified period.
The term for filing an industrial design application claiming conventional priority in Malaysia is six months from the priority date.
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Examination of a design application in Malaysia
The industrial design is granted after the formal examination and novelty search are conducted by the Examiner of an industrial design application. In practice, objections of a substantive nature (for example, whether a design complies with the legal definition of designs in Malaysia) may be raised in some cases.
The novelty grace period in Malaysia constitutes six months before the filing date. If the application became available at the official or officially recognized exhibition or the disclosure was made in bad faith by any third party, it does not disprove the novelty of the design in Malaysia.
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Grant, validity term and design renewal
No official grant fee is required to be paid. The validity term for a Malaysian design is five years from the filing date or priority date. The application can be renewed for four further five-year periods, giving a maximum term of 25 years. The renewal fee may be paid up to 6 months before the expiry date of the current period of registration. It is also possible to make a late payment, not more than six months after the expiry date, subject to a late payment penalty fee.
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Duration of a registration procedure
The granting period does not usually exceed twelve months from the filing date.
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Representation by a patent attorney
Foreigners must appoint an agent, a registered Malaysian patent attorney to perform the industrial design registration in Malaysia.
Online database for Malaysian Industrial Designs.
Brief summary is based on the information provided by NG, ARLENE TAN & LEONG on 09.02.2023
Please contact us if the above information is not in conformity with Malaysian IP Laws.