New Patent (Amendment) Act in Malaysia 2022

The Intellectual Property Corporation of Malaysia (MyIPO) has announced a Patents (Amendment) Act 2022 that comes into force on 18 March 2022.  The amendments take into account Malaysia's commitments in the TRIPS Agreement (on public health), the Regional Comprehensive Economic Partnership Agreement (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), as well as to comply with the provisions of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure.

Some of the notable key changes under the amended Act are as follows:

• deferment of substantive examination is no longer available, only deferment of modified substantive examination is available on the basis that the prescribed corresponding patent to be used for modified substantive examination has not been granted;