Malaysia belongs to the following patent-related international treaties:

• Paris Convention
• Patent Cooperation Treaty ("PCT")
• TRIPS

Inventions protections available in Malaysia include:

• Inventions
• Other: Utility innovations

The following subject matter is excluded from patent protection in Malaysia:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-organisms, microbiological processes and the products of such microorganism processes.

Documents and information required for filing a national patent application in Malaysia include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Other: (1) Information as to how the applicant acquired the right to the invention from the inventors. (2) Priority information if priority is claimed. (3) Form 17 being Appointment of Agent, simply signed by Applicant. (4) PCT/RO/101 for national phase PCT application and a verified English translation if it is not in English.

No, it is not possible to request early publication or a deferment of publication in Malaysia. 

Yes, the applicant has a provisional right upon publication of an application in Malaysia. Under Section 34(6) it is provided that an applicant may demand that a person who has commercially or industrially worked the invention pay as compensation to the applicant an amount equivalent to what he would have normally received for the working of the invention to the time of the grant of the patent. The right to demand compensation can only be exercised after the grant of the patent.

It is possible to file voluntary amendments in Malaysia at the following times:

• At the time of requesting examination
• Other: At any time during prosecution but no later than two months from the first examination report, such report being a clear substantive examination report.

Yes, it is required to file a request for substantive examination in Malaysia. For a non-PCT route application, 18 months from the local filing date. For a PCT route application, four years from the international filing date.

No, there is no third-party opposition procedure upon publication or after grant in Malaysia. 

The time period from application to grant in Malaysia is between 3-4 years.

Yes, there is a process for accelerated examination of an application in Malaysia. An applicant who requests or has requested for substantive examination of his application may request approval of an expedited examination once his application has been made available for public inspection (18 months from the priority date). Some acceptable grounds that the Registrar may approve for expedited examination are as follows (i) It is in the national or public interest; (ii) There are infringement proceedings taking place or evidence showing potential infringement; (iii) The applicant has already or plan to commercialize the invention within two years from the filing date of the request for expedited examination; (iv) The invention relates to green technologies; (v) The application for grant of the patent is a condition to obtain funds or monetary benefits from the government or recognized institutions, or (vi) Any other reasonable grounds. Upon approval that an application is to be expedited and if there is no objection raised by the Examiner, then the grant may be received about two months from the request for expedited examination. 

Yes, it is required to pay an annuity to maintain the validity of a patent in Malaysia. 

Yes, late payment of an annuity is permissible in Malaysia. There is a six-month grace period after expiration in Malaysia. No conditions are required to be met and the maximum period is six months from the expired date with a penalty of 100% of the official fee. 

Available enforcement methods in Malaysia include:

• Civil enforcement

Under a utility innovation ("UI") application, only one claim is allowed. A UI application needs to satisfy the novelty and industrial applicability criteria. The time limitation for bringing an action for infringement of UI is two years from the infringing activity.