MANAGING YOUR PATENT / UTILITY INNOVATION

PATENT RENEWAL

Annual fee for patent:Filing Fee (RM)
a) for second year after grant of patent
290.00
b) for third year after grant of patent
360.00
c) for fourth year after grant of patent
440.00
d) for fifth year after grant of patent
530.00
e) form sixth year after grant of patent
630.00
f) for seventh year after grant of patent
730.00
g) for eighth year after grant of patent
830.00
h) for ninth year after grant of patent
910.00
i) for tenth year after grant of patent
990.00
j) for eleventh year after grant of patent
1,020.00
k)for twelfth year after grant of patent
1,140.00
l) for thirteenth year after grant of patent
1,280.00
m) for fourteenth year after grant of patent
1,450.00
n) for fifteenth year after grant of patent
1,550.00
o) for sixteenth year after grant of patent
1,900.00
p) for seventeenth year after grant of patent
2,100.00
q) for eighteenth year after grant of patent
2,400.00
r) for nineteenth year after grant of patent
2,700.00
s) for twentieth year grant of patent
2,900.00

Annual fee for certificate for utility innovation:

Filing Fee (RM)
a) for third year after grant of certificate
170.00
b) for fourth year after grant of certificate
240.00
c) for fifth year after grant of certificate
290.00
d) for sixth year after grant of certificate
350.00
e) for seventh year after grant of certificate
350.00
f) for eighth year after grant of certificate
420.00
g) for ninth year after grant of certificate
420.00
h) for tenth year after grant of certificate
480.00
i) for eleventh year after grant of certificate
670.00
j) for twelfth year after grant of certificate
940.00
k) for thirteenth year after grant of certificate
1,090.00
l) for fourteenth year after grant of certificate
1,270.00
m) for fifteenth year after grant of certificate
1,550.00
n) for sixteenth year after grant of certificate
1,650.00
o) for seventeenth year after grant of certificate
1,820.00
p) for eighteenth year grant of certificate
1,930.00
q) for nineteenth year grant of certificate
2,090.00
r) for twentieth year after grant of certificate
2,200.00

BANGKANGAN PATEN

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PATENT AGENT

Examination for Patent Agents

  1. The Board of Examinations shall conduct an examination which shall consist of the following subjects:
    i.Technology;
    ii.Malaysian patent law and practice;
    iii.Drafting of a patent application;
    iv.Malaysian trademark, geographical indication and designs law and practice; and
    v.Foreign industrial property law and practice.
  1. An application for registration as a candidate for the examination shall be made to the Board of Examinations in the form as determined by the Registrar together with the payment of the prescribed fee.
  2. The application for the above shall be made to the Registrar after the candidate has attended the course for patent agent.
  3. A candidate shall be required to sit for all subjects specified at a sitting of the examination.

Course for Patent Agent

In order to be registered as a patent agent, an application to attend any course for patent agent shall be made to the Board of Examinations in the form as determined by the Registrar together with the payment of the prescribed fee.

Appeal Against Patent Agent Examination Results

  1. A candidate who has sat for and failed to pass any of the subjects and if he is dissatisfied with his result, he may appeal to the Corporation for re-scrutiny of the results within fourteen days from the date of the notification of such results together with the payment of the prescribed fee.
  2. Upon receipt of an appeal , the Corporation shall consider the appeal and make a decision thereon.
  3. The decision of the Corporation shall be final and conclusive.

Re-sit for Patent Agent Examination

  1. A candidate who has sat for and failed to pass any or all of the subjects at an examination shall re-sit all the failed subjects, as the case may be, at the next sitting of the examination and such application shall be made to the Board of Examinations in the form as determined by the Registrar together with the payment of the prescribed fee.
  2. The candidate may apply to attend the course for patent agent before he re-sits the examination.
  3. Any candidate who has failed to pass all of the subjects after three attempts which includes the first sitting of the examination shall be deemed to have failed the overall examination.
  4. The attempt to re-sit the examination due to the failure of the candidate to pass any or all of the subjects shall be completed within the period of two years from the date the candidate is notified of the result of the examination in the first sitting, unless otherwise directed by the Board of Examinations.
  5. Any candidate who is deemed to have failed the overall examination may re-apply to be registered as a candidate for the examination.

Registration of Patent Agents

  1. An application to be registered as a Patent Agent in the Register of Patents Agents shall be made to the Registrar in the form as determined by the Registrar together with the payment of the prescribed fee.
  2. In order to be registered in the Register of Patents Agents, the applicant shall satisfy the Registrar:
    1. That he is domiciled in or is a permanent resident of Malaysia;
    2. That he is:
      • An advocate and solicitor in the High Court in Malaya or an advocate and solicitor in the High Court of Sabah and Sarawak, or
      • A holder of a degree in law and has at least one year of experience in the field of industrial property, or
      • A holder of a relevant degree or its equivalent in an appropriate branch of engineering or science from an institution of higher learning approved by the Board of Examinations, or
      • A holder of qualifications entitling him to graduate membership of a professional engineering or scientific institution or the like recognized by the Board of Examinations.
    3. That he has attended the course for a patent agent before he sits for the examination;
    4. That he has passed the Patent Agent Examination.
  3. The Registrar shall register the applicant as a patent agent for a term expiring on the 31st December of that year.

Renewal of Registration of Patent Agents

  1. An application for the renewal of registration as a patent agent shall be made to the Registrar in the form as determined by the Registrar together with the payment of the prescribed fees by the 31st January of each year.
  2. The patent agent shall attend all the required courses as determined by the Registrar for the purposes of the renewal of his registration.
  3. The Registrar shall renew the registration of the patent agent for a term expiring on the 31st December of that year.
  4. The Registrar may refuse to renew the registration of any person who has been convicted of an offence involving fraud or dishonesty or is an undischarged bankrupt.
  5. If the patent agent fails to make an application for the renewal of registration by the 31st January, he may request for an extension of time to make the application to the Registrar in the form as determined by the Registrar together with the payment of the prescribed fee.
  6. The request for an extension of time shall be for a period not exceeding six months from the 31st January of that year.

Cancellation of Registration of Patent Agent Due to Failure of Renewal

  1. If a patent agent fails to make a request for an extension of time within six month from the 31st January, the Registrar shall cancel and remove the registration of the patent agent from the Register of Patents Agents.
  2. The Registrar shall publish in the Official Journal the cancellation and removal of the patent agent and any application or patent represented by the patent agent on behalf of any person, if any.
  3. If a patent agent whose registration has been cancelled and removed from the Register of Patents Agents files an application to register as a patent agent within the period of three years from the date of publication of his cancellation and removal as a patent agent, the Registrar may waive the requirement to attend the course and pass the examination.
  4. Any registration of a patent agent that has been cancelled and removed from the Register of Patents Agents for a period of more than three years from the date of publication of his cancellation and removal as a patent agent shall be deemed as no longer satisfy the requirements in order to be registered in the Register of Patent Agents.

 

Deferment of Renewal for Registration of Patent Agents

  1. A patent agent may apply to the Registrar for a deferment for an application for the renewal of registration as a patent agent if the patent agent satisfies the circumstances that he has the legitimate reason or grounds as determined by the Registrar to defer such renewal and he has ceased to act on behalf of the applicant, owner of patent or any person whom he represented.
  2. The application for a deferment shall be made to the Registrar on or before 31st January of that year in the form as determined by the Registrar together with the payment of the prescribed fee and accompanied by supporting evidence on the legitimate reason or grounds.
  3. The application for a deferment shall be allowed for a maximum period of one year and may be re-applied by the patent agent.
  4. If the patent agent fails to renew the registration as a patent agent after the expiry of three years period from 31st January, the registration of the patent agent shall be deemed as no longer satisfy the requirements in order to be registered in the Register of Patent Agents.

 

Cancellation of Registration of Patent Agent by The Registrar

The Registrar may cancel and remove the registration of the patent agent from the Register of Patent Agent if the patent agent no longer satisfies the requirements in order to be registered in the Register of Patent Agents or has been convicted of an offence involving fraud or dihonesty or is an undischarged bankrupt.

Voluntary Cancellation

A patent agent may cancel his registration by filing an application for voluntary cancellation to the Registrar in the form as determined by the Registrar together with the payment of the prescribed fee and accompanied by a proof that the patent agent has ceased to act on behalf of the patent applicant, owner of patent or any person that he represented.

Cease to Act as Patent Agent

  1. If the patent agent intends to cease to act on behalf of the patent applicant, owner of patent or any person that he represented, he shall file with the Registrar an application to cease to act in the form as determined by the Registrar together with the payment of the prescribed fee and accompanied by a proof that he has notified that person of his intention.
  2. The application to cease to act as a patent agent filed shall not be withdrawn.

 

Termination of Appointment of Patent Agent

  1. Any person may terminate the appointment of a patent agent by filing an application to the Registrar in the form as determined by the Registrar together with the payment of prescribed fee.
  2. The application to terminate the appointment of a patent agent filed shall not be withdrawn.

 

Death of Patent Agent

  1. In the event of death of a patent agent, any person who is represented by the patent agent or the legal representative of the patent agent shall notify the death to the Registrar in writing within the period of one month from the date of death of the patent agent.
  2. If the notification is filed by the legal representative of the deceased patent agent, such notification shall be accompanied with a proof that the event of death has been notified to the patent applicant or owner of a patent or any person whom the patent agent represented.
  3. The person or persons represented by the deceased patent agent shall file an application for the appointment of a new patent agent at the same time of filing of the notification of the death of the patent agent or within the period of three months from the date of notification of the death of the patent agent by the legal representative.

Matter/ ProceedingsFee  (RM)Form
  
Application for Registration as Candidate for the Examination of Patent AgentRM150.0018A18A
Application to Re-sit the Examination of Patent AgentRM150.0018B18B
Application to Attend the Course for Patent AgentRM3,000.0018C18C
Application to Attend the Course for Patent Agent for Purpose of Re-sitting the ExaminationRM600.0018D18D
Patent Agent Examination FeeRM150.00--
Past Year Patent Agent Examination QuestionsRM50.00--
Appeal against Patent Examination ResultsRM300.00--
Application for Registration of Patent AgentRM2,670.001818
Application for Renewal of Registration of Patent AgentRM750.001919
Application  for Deferment of Renewal of Registration of Patent AgentRM400.0019A19A
Application for Voluntary Cancellation as a Patent AgentRM150.0019B19B
Application to Cease to act as a Patent AgentRM150.0019C19C
Application for Termination of the Appointment of Patent AgentRM150.0019D19D
Appointment or Change of Patent AgentRM100.001717
Request to Correct or Change Particulars of Patent Agent in the Register of Patent AgentsRM150.0018E18E
Request for Extension of TimeRM350.002121
Extension of Time (per month or part of a month)RM100.00--

RETURN DOCUMENT

NO.

APPLICATION NUMBER

TYPE OF DOCUMENT

MAILING DATE OF DOCUMENT

DEADLINE FOR DOCUMENT

REMARK

1
MY-193929-A
NOTICE OF GRANT
23/12/2022
-
SHIFTED
2
MY-193645-A
NOTICE OF GRANT
28/12/2022
-
SHIFTED
3
MY-197830-A
NOTICE OF GRANT
11/8/2023
-
SHIFTED
4
PI 2017500048
SUBSTANTIVE EXAMINATION ADVERSE REPORT
28/8/2023
28/11/2023
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