Registration of industrial designs in Malaysia – Every company that owns an industrial design and intends to expand its business in the Malaysian market should use the Malaysian intellectual property system. It is paramount for businesses to file an industrial design application in Malaysia for industrial designs, even if the launch of the respective product on the market in Malaysia has not yet commenced.
Requirements for Industrial Design Registration Application in Malaysia
An industrial design application in Malaysia requesting the right of priority must be filed within 6 months from the priority date.
The following information and documents need to be provided in the application for registration of an industrial design in Malaysia:
name, address, and nationality of the applicant, business address;
request for design registration;
In Malaysia, the original POA form must be filed at the same time as the design application. There is no need for legalization or notarization. If the POA’s representative is not readily available current practice enables submitting a certified copy of the signed form, as long as the original follows later.
The Registrar may seek a certified copy of the Priority Document, which must be filed within the timeframe indicated.
Examination of an industrial design application in Malaysia
The Examiner of an industrial design application conducts a formal examination and a novelty search before granting the industrial design. In actuality, substantive concerns (for example, whether a design corresponds with Malaysia’s legal definition of designs) may be brought up in some situations.
Validity period and renewal of industrial designs in Malaysia
In Malaysia, the novelty grace period is six months before the filing date. The fact that the application was made accessible at an official or officially recognized display, or that the disclosure was done in bad faith by any third party, does not invalidate the design’s uniqueness in Malaysia.
There is no official grant fee to be paid. A Malaysian design is valid for five years from the filing date or priority date. The application can be renewed for four further five-year periods, for a total duration of 25 years. The renewal cost can be paid up to 6 months before the current registration period expires. A late payment may also be made up to six months after the expiry date, subject to a late payment penalty charge.
Normally, the granting time does not exceed twelve months from the filing date.
Represented by an industrial design registration attorney
An international applicant for an industrial design registration in Malaysia should perform an industrial design search in Malaysia through a law firm, or an industrial design attorney.
