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Malaysia: Duration of Patent

According to “Section 35: Duration of patent” Duration of Patent is as below.

(1) Subject to subsections (1B) and (1C), the duration of a patent shall be twenty years from the filing date of the application.

(1A) Without prejudice to subsection (1) and subject to the other provisions of this Act, a patent shall be deemed to be granted and shall take effect on the date the certificate of grant of the patent is issued.

(1B) Where a patent application was filed before 1 August 2001, and was pending on that date, the duration of the patent granted on that application shall be twenty years from the date of filing or fifteen years from the date of grant, whichever is the longer.

(1C) The duration of a patent granted before 1 August 2001 and still in force on that date shall be twenty years from the date of filing or fifteen years from the date of grant whichever is the longer.

Summary of duration of Patent in Malaysia is as below:

For Patent Application filed after Aug 01, 2001: Filing Date + 20 Years

For Patent Application Filed before Aug 01, 2001 & Granted Before Aug 01, 2001: Filing Date + 20 Years or Grant Date + 15 years whichever is the longer

Reference:

1. Malaysian Patent Act, 1983

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