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:
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