How to renew a patent in Malaysia?

In this article you will find information on:
  • When patent renewal fees are due
  • The renewal fee amount and currency
  • Details on other types of intellectual property valid in the jurisdiction
  • FAQ related to the renewal process

Region

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Due dates

Renewal fees in Malaysia must be paid by certain dates. In this section you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.

No annuities are due throughout the application process. The first annuity is paid two days prior to the 12 months anniversary of the grant date to the Intellectual Property Corporation of Malaysia.

For example, if the grant date is 2022-01-20, then the first annuity must be paid by 2023-01-18.

After the first annuity has been paid, all subsequent annuities must be paid annually two days prior to the anniversary of the grant date.

For example, if the grant date was on November 9, then all subsequent annuities will be due on November 7 each year.

Other intellectual property types

In Malaysia, there are other types of intellectual property besides patents. These include utility models and designs.

We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.

Malaysia

Malaysia

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Patent search in
the
Malaysia
phone
+(60) 3-2299 8400
email
iponline@myipo.gov.my

Renewal fee factors:

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Patent renewal fee intervals in

the

Malaysia

Patent Year
Official renewal fee for patent (EUR)
3
490
4
610
5
1090
6
1210
7
1330
8
1450
9
1640
10
1640
11
1640
12
1640
13
1640
14
1640
15
1640
16
1640
17
1640
18
1640
19
1640
20
1640
Patent Year Official renewal fee for patent (MYR)
1
2 290
3 360
4 440
5 530
6 630
7 730
8 830
9 910
10 990
11 1 020
12 1 140
13 1 280
14 1 450
15 1 550
16 1 900
17 2 100
18 2 400
19 2 700
20 2 900

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Malaysia Patent Renewal Fees FAQ

1.

What happens to a Malaysian patent before it has been granted?

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There are no annuities due in Malaysia before the patent is granted. Once the patent has been granted, annuities must be paid annually in accordance with the rules described above under the section Due Dates.

2.

When can I pay the renewal fee in Malaysia?

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The renewal fee in Malaysia can be paid up to 12 months before the renewal due date. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.

3.

Can I renew a patent after I miss a renewal due date?

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Yes, it is possible to renew a Malaysian patent 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 patent, both the renewal fee and the surcharge fee will have to be settled.

For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent 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 patent lapsing.

4.

Do I need assistance from local representation to renew a patent in Malaysia?

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Yes, you will need assistance from local representation to renew a patent in Malaysia. It is a requirement to be an authorized representative in order to carry out the renewal of a patent in Malaysia. Currently, PatentRenewal.com does not have the necessary authorization and we are therefore using a local representative to carry out the renewal process.

It may be possible for the patent owner to carry out the renewal themself, but unless you have experience with paying renewal fees in Malaysia we will advise you to engage a local representative.

5.

How long do patents last in Malaysia?

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A patent will stay in force for 20 years in Malaysia from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.