Expedited Examination

It is possible to apply for expedited examination of trade mark and patent applications in Malaysia, subject to the fulfillment of certain conditions. The Intellectual Property Corporation of Malaysia (MyIPO) projects that through expedited examination, a trade mark may be registered within 6 months and 3 weeks and a patent, within 20 months, from the date of application/priority date.

 

 

PROCEDURE

Request for Approval: An applicant may file a request for approval for expedited examination simultaneously with, or within 4 months after, the filing of the trade mark application. In the case of a patent application, the request can be filed once the application has been made available for public inspection which is 18 months from the application/priority date. The request is to be accompanied by a statutory declaration giving reasons in support of the application.

 

Reasons: The reasons which may be provided are (a) national or public interest; (b) infringement proceedings are ongoing or evidence exists that shows potential infringement; (c) that registration is a condition to obtaining monetary benefits from the Government or institutions recognized by the Registrar; (d) that the invention relates to green technologies; or (e) other reasonable grounds which support the request.

 

Request for Expedited Examination: If the Registrar approves the request, the applicant will be notified in writing. The applicant is required to file the request for expedited examination within 5 days of receipt of the Registrar’s approval.

 

 

DERAILING A FAST TRACK APPLICATION

An application filed utilizing this mechanism expedites, but does not by-pass, the prosecution procedures for an ordinary application.

 

Certain circumstances can derail an application from the fast track route. In respect of a patent application, an applicant is required to respond to an examination report within 3 weeks from the mailing date of the report. If he fails to do so, the application for expedited examination will be deemed withdrawn and the application will be dealt with under the normal examination process.

 

In a trade mark application, the expedited timeline will no longer apply if there is an examination report for non-compliance with substantive laws or formal requirements, or the applicant appeals against any condition imposed on registration, or there is an opposition by a third party to its registration.

 

 

TEH HONG KOON ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it )

 
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