| The applicant is required to file Form 1 together with the patent specification and fee of RM 290.00 when making an application. Within 18 months from the filing date, the applicant is required to file Form 5 together with the fee of RM 1100.00 to request for a substantive examination of the application . |
A guide on how to fill in Form 1 (Sections I-IX):
- Section I: Title of Invention
The applicant is required to state the title of the invention.
- Section II: Applicant
The applicant is required to state the applicant's name. The name could either be a company's or an individual's or both.
- Section III: Inventor
The applicant is required to state the inventor's name. A company's or an association's name cannot be used as an inventor's name. If the applicant is not the inventor, the Statement Justifying the Applicant's Right to the Patent will have to be submitted.
- Section IV: Agent or Representative
A local applicant is required to state the appointed agent if he is represented by one. For a foreign applicant, a registered Malaysian patent agent is required for all applications.
- Section V: Divisional Application
If there is more than one invention in the application, the applicant is required to divide the application into two or more applications. Each divisional application shall be entitled to the priority date of the initial application.
- Section VI: Disclosure to be Disregarded for Prior Art Purposes
The applicant could request for a disclosure to be disregarded for prior art purposes in an accompanying statement. This provision is applicable only when the disclosure of the same invention occurred within one year preceding the date of the patent application in Malaysia.
- Section VII: Priority Claim
The applicant could claim the right of priority of the date of filing of an earlier application. The earlier application must be filed not more than 12 months before the filing date of the application in Malaysia.
- Section VIII: Check List
The applicant has to complete the check list provided I this section.
- Section IX: Signature
The applicant or appointed agent has to sign and state the individual's name (not the company's or association's name).