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The processes for allowance and grant of patents in Malaysia differ significantly from those in many other jurisdictions. Here are a few pointers that should help clarify the local practice.
Upon the successful conclusion of the examination of an application, the Malaysian Intellectual Property Office (MyIPO) will issue a substantive examination—the clear report. This final report signals the intention to grant a patent and sets out the pages of the specification that will form the basis of the granted patent. It is normally accompanied by a draft bibliographic page of the patent.
Malaysian patent practice does not provide for the payment of any issue fee. Therefore, once a clear report has been issued on an application, MyIPO will continue to process the application to grant automatically thereafter. Having said that, the clear report contains a request that the applicant review the information and documents that are the basis for grant, and inform MyIPO of any necessary corrections within seven days.
Dave Wyatt, jurisdiction report, Malaysia, Henry Goh, Malaysian Intellectual Property Office, patent grant, patent application, annuities