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While a Malaysian patent is in the pending application stage, no renewal fees are due. Once a patent is issued, you are obliged to pay a recurring renewal fee to maintain the patent.
In order to maintain a patent application in Malaysia, a renewal fee must be paid to the Intellectual Property Corporation of Malaysia (MYPO) on an annual basis. The first renewal fee of the patent is added to the grant fee, after which the renewal fee will be due annually starting from the second anniversary of the patent’s grant date. Renewal fees in Malaysia fall exactly two days before the anniversary of when the grant date of the patent fell. The due date should be the month and day corresponding to the grant date.
For example, if the grant date of a patent is 2017-01-15, you will only have to settle the renewal fee starting from 2019-01-13 onwards.
In Malaysia, there are other types of intellectual property for which you need to settle renewal fees, these are known as utility innovations and industrial designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that not only patents, but utility innovations, and industrial designs can be renewed through us.
Intellectual Property Type #1 - Utility innovations
A Malaysian utility innovation right is valid for 20 years from the filing date. Initially, a Malaysian utility innovation is protected for 10 years. In order to maintain protection beyond the initial 5-year period, it can be renewed at five years thereafter - up to a maximum of two renewals. Renewal fees are required with each registered utility innovation, even if these are utility innovations of multiple applications. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.
Intellectual Property Type #2 - Industrial designs
A Malaysian design right is valid for 25 years from the filing date. Initially, a Malaysian design is protected for 5 years. In order to maintain protection beyond the initial 5-year period, it can be renewed every five years thereafter - up to a maximum of four renewals. Renewal fees are required with each registered design, even if these are designs of multiple applications. Despite this, designs can be renewed in batches. If the requested maintenance fees are not settled by the due date, an additional 6-month grace period will be applied in order for the settlement to take place. If a patent enters the 6-month grace period, an increase to the original renewal fees will be applied.
Starting from the 2nd anniversary of the grant date, patent renewal fees need to be paid annually to maintain a patent. For further clarification, please refer to the cost breakdown below.
The first renewal fee will be due two days before the second anniversary of the grant date.
For example, if the grant date of a patent is 2019-06-15, you will only have to settle the renewal fee starting from 2021-06-13 onwards.
The Malaysian patent application is in the filing stage. The patent is typically published within 18 months after filing. You can start paying renewal fees only after the patent has been issued.
The payment window opens twelve months before the renewal fees are due.
For example, if the renewal due date of a patent falls on 2021-07-31, the payment window to pay the renewal fee will open on 2020-07-31.
Yes, it is possible to renew a Malaysian patent after its deadline. If you fail to pay the renewal fee in due time, a grace period of 6 months is given whereby the renewal fees can still be settled. However, when entering the grace period you will incur an increase of 100% to the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled.
For example, if a patent’s renewal due date is 2021-05-28, and the due date is missed, the patent will enter the grace period from 2021-05-29. The new total will need to be settled within the 6-month grace period, and will be due by 2021-11-28. Failure to pay this fee within the grace period will result in the patent lapsing.
Foreigners must appoint an agent, a registered Malaysian patent attorney to complete renewals.
In order to maintain a Malaysian patent, renewal fees need to be settled annually with the Malaysian Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date.
