Industrial Design - Applications
INFORMATION ON FILING AND PROSECUTION
1. Criteria of Filing
1.1 Novelty Searches and Requirements
1.2 Multiple Application
1.3 Set of Articles
2. Filing Requirements
The minimum filing requirements for obtaining a filing date of an industrial design application in Malaysia are:
2.1 Power of Attorney (ID Form 10), to be completed and signed by theApplicant (a copy is acceptable, to be followed by the original);
2.2 6 identical representation of the design either drawing, tracing, photographs of 12.5cm X 9cm in size or specimen not exceeding 20cm X 20cm X 20cm;
2.3 Multiple applications are allowed for designs that relate to the same class of design or to the same set or composition of article;
2.4 A statement of novelty;
2.5 Name, address and nationality of the Applicant (if company, give country of incorporation);
2.6 Name and address of author (if the author is not the applicant the application to include a statement justifying the applicant’s rights to the registration);
2.7 Priority data of an application under Paris Convention (Country, filing date and application number). Priority document must be filed within 3 months from the date of request by the Registrar.
3. Registration Procedures
3.1 Obtaining a Filing Date
The Registrar will issue the filing date (which is the priority date where applicable) upon receipt of the documents stated under items 2.1-2.7 on the day of filing.
3.2 Examination for Formal Requirements
The Registrar will examine the design for only formal requirements and if satisfied the requirements are met, the design will be accepted for registration within 12 -18 months of filing.
3.3 Registration and Gazette
There are no provisions for opposition proceedings.
4. Maintenance and Renewal
An industrial design is valid for 15 years from the filing date/ priority date subject to renewal of 2 consecutiveterms of 5 years each.