How to Register a Patent in Malaysia: A Beginner-Friendly Guide (2025 Update)
- IP Gennesis
- Jul 15, 2021
- 12 min read
Updated: 2 days ago
Have you just created a groundbreaking invention after months—or even years—of hard work and investment? Naturally, the last thing you want is someone else claiming your idea.
So, how do you protect it?
Simple: Register a patent.
The main reason to register a patent is to secure exclusive rights over your invention. Once your invention is protected, you can explore various ways to turn it into profit—whether through licensing, manufacturing, or selling it.
This guide walks you through the entire process of patent registration in Malaysia, from understanding what a patent is, to filing and maintaining it—step by step.
What Is a Patent?
A patent gives you exclusive rights to your invention for up to 20 years in Malaysia. In exchange, you must publicly disclose how your invention works. In simpler terms, registering a patent means you alone have the right to use your invention. If anyone else tries to use, copy, or sell it without your permission, it’s considered patent infringement—and yes, you have the legal right to take action against them.
To be considered an invention, your idea must solve a specific problem in the field of technology—and it must be something that can actually work in real life. It could be a product (like a gadget or machine) or a process (like a method or technique).
(Section 12 of Malaysian Patents Act 1983)
What Is a Patentable Invention?
For your invention to be patentable, it must meet all three of the following requirements:
Novelty – Your invention must be new. It shouldn't already exist in any known technology or public knowledge (also known as "prior art").
Inventive Step – It must be not obvious to someone with average knowledge in the field. In other words, it needs a creative or technical twist.
Industrial Application – Your invention must be something that can actually be made or used in any kind of industry.
(Refer to Sections 11, 14–16 of the Malaysian Patents Act 1983)
What Are the Steps to Register a Patent?
Here’s a simplified breakdown of the patent registration process:
Step 1: Write down every single detail of your invention (literally)
Step 2: Do a patent search and analysis (Highly Recommended!)
Step 3: Draft a patent specification
Step 4: Filing patent application
Step 5: Patent Examination
Step 6: Consider Overseas Protections
Step 7: Respond to Office Actions
Step 8: Patent Grant and Renewals
Now, let’s dive into the patent registration process – step by step
Step 1: Write Down Every Single Detail of Your Invention (Yes, Literally)
Even if you already have a working prototype, putting everything down in writing is crucial when preparing for patent registration. A clear and thorough description helps your patent agent (or examiner) understand your invention — and gives your idea the best chance of being protected..
In general, the write up should at least cover the following issues:-
The background of the invention - What problem does your invention solve? Give context so others can see why it's needed.
Comparison with the existing technologies - Show what’s already out there, and how your invention is different.
Advantages or Improvements - What makes your invention better? Is it more efficient, cost-effective, safer, or easier to use?
Detailed Description of the Invention - Explain how it works. Include sketches, drawings, schematic diagrams, or flowcharts if possible.
List of Components - What are the essential parts or materials needed to build your invention?
Aspects You Want to Protect - Highlight the features or elements that are novel, ie. the ones you want to secure legal protection for.
Step 2: Do a Patent Search and Analysis (Highly Recommended!)
Here’s why patent search matters:
Gauge Your Chances of Success
Patent registration can be a long and challenging process. A search lets you assess how likely it is that your invention will be granted a patent.
Refine Your Invention
Use the search results to compare your idea with similar patents. This might inspire you to tweak or improve your invention to make it more unique and patent-worthy.
You can use the following patent databases for your search:
Espacenet (from the European Patent Office)
Step 3: Draft a patent specification
Once you're satisfied that your invention has a strong chance of being granted a patent, the next critical step is to draft a patent specification.
What is Patent Specification?
A patent specification is essentially a formal document that thoroughly describes your invention in a structured format. This document is vital for securing patent protection and must meet specific legal and technical standards. The key components of a patent specification include:
a. Description
b. Claim(s)
c. Drawing(s)
d. Abstract
Now, let’s delve into each of these components in detail!
Description
The description section should comprehensively explain the following:
Technical Field: Define the area of technology or industry that your invention belongs to.
Background Art: Provide an overview of existing technologies or prior art relevant to your invention. This helps contextualize your invention and demonstrates how it advances the current state of the art.
Detailed Explanation: Describe how your invention works, its components, and its unique features. You should also explain how it solves specific problems within the technical field.
Best Mode: Indicate the most effective way to implement your invention, ensuring it can be replicated by someone skilled in the field. If applicable, include practical examples or working models.
Industrial Applicability: Clearly state how the invention can be used in industry, outlining its potential commercial uses and applications.
Claims
The claims are arguably the most important part of the patent specification, as they define the scope of protection granted by the patent. Claims must specify the unique technical features of your invention that set it apart from existing products or methods. It’s essential to draft the claims with precision, as they will determine the boundaries of your patent rights. These claims should be written clearly and concisely to avoid ambiguity and ensure full protection of your invention.
Drawings
Drawings or diagrams are crucial if they help clarify your invention’s structure or function. In some cases, flowcharts, technical diagrams, and schematic representations are required to fully explain the invention. The drawings should complement the written description and claims, providing a visual understanding of how the invention operates or is constructed. If your invention includes multiple components or processes, diagrams can make it easier to convey complex ideas.
Abstract
The abstract is a brief, concise summary (typically up to 150 words) of your invention. It should provide an overview of the following:
The technical field your invention pertains to.
The specific problem your invention solves.
A summary of how your invention solves that problem and its primary use.
The abstract must be drafted in clear and simple language so that anyone reading it, including patent examiners and industry professionals, can quickly understand the essence of your invention.
Additional Considerations on Patent Specification
The patent specification must not only be comprehensive but also meet the physical and formal requirements set out by the Malaysian Patent Regulations 1996. These guidelines cover everything from the document’s formatting to the specific language used in the description and claims. For example, all documents shall be on A4 paper and the minimum margins of sheets shall be 2 cm. Failing to meet these requirements can delay the patent application process or result in the rejection of your application.
Drafting a patent specification is a crucial part of the patent registration process and requires a deep understanding of your invention and the legal requirements for patent protection. If done correctly, a well-written patent specification can significantly increase the likelihood of your patent being granted and protect your intellectual property rights effectively.
Step 4: Filing the Patent Application
Once you have finalized the patent specification, the next crucial step is to file your patent application. To ensure a smooth filing process, you will need to gather the following essential information:
The applicant's name and address (ie the owner)
The inventor's name and address
The completed patent specification (as discussed earlier)
The application must be submitted using Patents Form No. 1, which is the official Request for Grant of Patent.
It’s important to understand the distinction between two key roles in the patent application: the applicant and the inventor.
The applicant can either be an individual or a legal entity, such as a company, that seeks to obtain the patent rights.
The inventor is the person or group of people who actually created the invention.
In some cases, the applicant and inventor may be the same person, but they can also be different. For instance, if the inventor is an employee of a company, the company may be the applicant. In such situations, the applicant must also submit Patents Form No. 22, which is a Statement Justifying the Applicant’s Right to a Patent.
Understanding these details is crucial, as proper documentation and clarity on roles will help prevent any legal complications and ensure the smooth processing of your patent application.
Step 5: Examination of patent application
After the patent application is filed, the first step taken by the Intellectual Property Corporation of Malaysia (MyIPO) is to conduct a formality examination. This is a preliminary review that focuses solely on the formal aspects of the application—such as whether all necessary documents and information have been properly submitted. At this stage, the Examiner does not yet assess the technical substance or patentability of the invention.
If all formality requirements are met, the Examiner will issue a Certificate of Filing along with a Formality Clear Report. These documents serve as official confirmation that the patent application has been properly filed and complies with initial procedural standards. However, it's important to note that the Certificate of Filing is not the same as a granted patent—it only confirms that the application process has been initiated correctly.
If any part of the application is found to be deficient in formality, the applicant will be notified and given an opportunity to amend the application to bring it into compliance. Prompt action is essential to avoid delays or potential rejection.
Once the formality examination is cleared, the next step is to initiate a substantive examination. This is where the actual content of your invention will be evaluated to determine whether it meets the requirements of novelty, inventive step, and industrial applicability.
To trigger this process, the applicant must file Patents Form No. 5: Request for Substantive Examination. This form can be submitted at the time of filing the initial application (Form No. 1) or any time within 18 months from the date of filing. The timing of this filing can be strategic—some applicants may choose to delay Form 5 until they receive examination reports from foreign patent offices, such as the PCT International Search Report, to better assess the strength of their application.
Finally, it’s important to know that all Malaysian patent applications will become publicly accessible 18 months after the filing date. This allows third parties to inspect the application, promoting transparency and accountability within the patent system.
Step 6: Considering an overseas patent application
Protection of patent is territorially based. Therefore, if you wish to protect your invention overseas, separate filing in each of the desired countries is necessary.
It is not necessary to file in other countries at the same time with your Malaysian patent application. But you should still start considering this as soon as possible or right after the filing of Malaysian application.
Generally, there are 2 routes to file patent applications internationally, ie. Paris Convention route and Patent Coorporation Treaty (PCT). Although both involve different processes and deadlines, it will be safe to set your eyesight at the deadline of one year from the date of your patent filing date in Malaysia. We will discuss the strategies of the international patent application separately.
It is crucial to understand that patent protection is territorial in nature. This means that a patent granted in Malaysia will only provide exclusive rights within Malaysian borders. If you intend to commercialize your invention internationally or prevent others from exploiting it abroad, you must file for patent protection separately in each country or region where you seek protection.
Although you are not required to file foreign patent applications simultaneously with your Malaysian application, it is strongly advised that you begin evaluating your international filing strategy immediately after your Malaysian application is submitted. Early planning allows you to manage costs, timelines, and make informed decisions about which countries offer the best potential for your invention's success.
There are two primary routes for seeking patent protection internationally:
Paris Convention Route
The Paris Convention provides a 12-month priority period from the date of your first patent filing (in this case, Malaysia). During this time, you may file patent applications in other Convention member countries, and those applications will be treated as if they were filed on the same date as your original Malaysian application. This allows you to preserve your priority date, which can be essential when proving the novelty of your invention.
Patent Cooperation Treaty (PCT) Route
The PCT route offers a more centralized and strategic approach to international patent protection. By filing a single PCT application, you can simultaneously seek protection in over 150 contracting countries. While the PCT does not result in an international patent per se, it streamlines the process and delays the need to file separate national applications until up to 30 or 31 months (depending on the country) from your original Malaysian filing date.
This extended timeline allows you to further assess the commercial viability of your invention, seek investors, or even explore licensing opportunities—before committing to costly national phase entries in multiple countries.
Although both routes have distinct procedures and deadlines, it is safe to set your planning horizon based on the 12-month deadline from your initial Malaysian patent filing. Failing to meet this deadline could result in losing your rights to file for protection in other countries.
Click here for another article of ours about international patent registration
Step 7: Responding to Patent Office Action
Once your patent application enters the examination stage, the patent examiner will conduct a thorough review. This includes performing searches to compare your invention against existing "prior art" to determine if it meets the statutory requirements—novelty, inventive step, industrial applicability, and compliance with other provisions under the Patents Act 1983.
What is Patent Prior Art?
Prior art refers to any current invention that is already known before the filing date of your patent application. It includes any published documents, products, public disclosures, or existing patents that show the same or similar invention. Prior art is used by patent examiners to assess whether your invention is novel and involves an inventive step. If your invention has already been disclosed in any form, anywhere in the world, it may not be considered patentable.
Upon completing this review, the examiner will issue an Examiner’s Report. This document outlines the examiner’s findings and states whether your invention satisfies the legal criteria for patentability. If there are concerns, objections, or requests for clarification, these are collectively referred to as an Office Action.
Responding to an Office Action is a critical part of the patent registration process. It may involve:
Clarifying or amending the claims,
Providing technical explanations or arguments,
Submitting supporting documents, and
Adjusting the scope of protection where necessary.
It is not unusual for a patent application to go through multiple rounds of Office Actions before a final decision is reached. Your responses must be clear, strategic, and well-supported—ideally prepared with the assistance of a qualified patent agent or attorney. A timely and proper response significantly increases the chances of securing the grant of your patent.
How long does it take to register a patent in Malaysia?
In reality, the examination process can be lengthy. It is common for it to take three to five years before the examiner completes a full review and issues an official response.
Step 8: Grant of Patent and Renewals
After a series of examinations and responses, once the patent examiner is satisfied that your invention meets all the requirements—novelty, inventive step, and industrial applicability—a Substantive Examination Clear Report will be issued. This is followed by an official Notice of Grant and a Patent Certificate. At this point, your invention is formally protected under the Patents Act 1983, and you now hold the exclusive rights to your invention.
A granted Malaysian patent is valid for 20 years from the filing date of your application, provided that you pay the required annual renewal fees. These fees must be paid every year, starting from the year following the grant of your patent, until the 20th year. Failure to pay the renewal fee may result in the patent lapsing and your rights being lost.
Engaging Patent Agent
Given that the patent registration process is highly technical, documentation-heavy, and can span several years, it is strongly advisable to engage a qualified and experienced patent agent. A professional patent agent can assist you in every stage of the process—from drafting the patent specification, conducting prior art searches, to managing office actions and ensuring timely filings.
By working with a patent agent, you reduce the risk of missing critical deadlines, overlooking legal requirements, or drafting weak claims that may affect the strength of your patent protection. Engaging a patent agent can ultimately improve your chances of securing a stronger, enforceable patent, both locally and internationally.
Call us, it would be our pleasure to work with you :)
Written by,
Registered Trademark, Patent and Design Agent
LL.B (HONS), CLP Advocate & Solicitor (Non-Practising)
Senior Patent Associate
B. SC. (HONS) Chemistry
IP Legal Intern
Bachelor of Laws
Disclaimer: The above information is merely for general sharing and does not constitute any legal advice. Readers are advised to seek individual advice from the professionals.
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