Design renewal fees in Malaysia: costs, due dates and grace period
A registered design in Malaysia lasts up to 25 years from the filing date. The first renewal falls due before the end of year 5, and renewals then run every 5 years. Miss one and you have 6 months to put it right, with a surcharge of RM 200 for each month.
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What are the design renewal due dates in Malaysia?
Malaysia protects a registered design for up to 25 years from the filing date. Renewal falls due every 5 years, 4 times in all.
The first renewal falls due before the end of year 5, payable to MyIPO. It carries the design into year 6.
For example, if the filing date is 2015-03-15, the first renewal is due by 2020-03-15.
Each further renewal runs every 5 years on the same basis, until the 25-year maximum is reached. There is no extension beyond it.
For example, protection can be kept alive until 2040-03-15, after which no further renewal is possible.
Malaysia is not a member of the Hague System. There is no international design route into Malaysia: a design must be registered directly with MyIPO, and every renewal fee is paid to MyIPO rather than to WIPO.
A design registered here can be kept alive for at most 25 years. The first renewal falls due on 15 Mar 2020, and renewals then run every 5 years, 4 in total. Miss one and you have 6 months to put it right with the prescribed surcharge, until 15 Sep 2020 in this example.
Official design renewal fees by year in Malaysia
Official fees payable to MyIPO, in MYR. Renewal falls due every 5 years, 4 times in all, to keep the design alive for the full 25 years.
| Renewal | Official fee (MYR) | Cumulative (MYR) |
|---|---|---|
| Year 6 | 780 | 780 |
| Year 11 | 780 | 1,560 |
| Year 16 | 780 | 2,340 |
| Year 21 | 780 | 3,120 |
| Full term, years 6 to 25 | 3,120 | |
Online filing rate. Filing on paper costs RM 800 per period, and each additional design in the registration pays the same fee again.
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Missed a design renewal deadline in Malaysia?
A six-month grace period runs from the expiry date. You can still extend the registration inside it, with a surcharge of RM 200 for each month late. Since an amendment that took effect on 1 July 2013, a Malaysian design can be extended in five-year periods up to 25 years. Once the grace period closes, the design lapses.
If the renewal due on 15 Mar 2020 is missed, the design stays recoverable for 6 months, until about 15 Sep 2020 in this example.
Design renewal fees in other jurisdictions
The same schedule, deadlines and grace rules, in the jurisdictions we are asked about most.
Looking for a different jurisdiction?
Design renewal fees and deadlines in every jurisdiction we cover.
Other IP renewals in Malaysia
Designs aren't the only rights that lapse without renewal. Malaysia also protects patents and trademarks. Each on its own schedule and fee scale.
Patents
Renewal deadlines, grace periods and official fees for patents in Malaysia.
Trademarks
What happens to a Malaysian industrial design before it has been registered?
Renewal fees must be paid in Malaysia regardless of whether the industrial design is registered or not. You can find the rules for calculating the renewal due dates above in the Due Dates section.
When can I pay the renewal fee in Malaysia?
The renewal fee in Malaysia can be paid at any time before the renewal due date. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Can I renew an industrial design after I miss a renewal due date?
Yes, it is possible to renew a Malaysian industrial design after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the industrial design, both the renewal fee and the surcharge fee will have to be settled. For example, if an industrial design has a renewal due date of 2021-05-31 and the due date is missed, the industrial design will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the industrial design lapsing.
How long do industrial designs last in Malaysia?
An industrial design will stay in force for 25 years in Malaysia from the filing date if successfully renewed. Failure to pay the renewal fees will result in the industrial design lapsing.
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