Notice of Allowance and Patent Granting in Malaysia

Notice of Allowance and Patent Granting in Malaysia: A Clear Path to Protection

In the Malaysian intellectual property system, receiving an official acceptance notice is a key milestone in the application process for exclusive rights. This formal communication signals that the examiner has found the submission to meet all the substantive and formal requirements of the Malaysia Patents Act and Regulations. While this moment brings applicants closer to securing rights, it also introduces a set of final actions that must be completed before the actual grant of protection.

What is a Notice of Allowance?

A notice of allowance is issued by the MyIPO when the examiner concludes that the application complies with all necessary criteria. This means that the invention is considered novel, involves an inventive step, is industrially applicable, and meets all formal submission standards.

The document informs the applicant that the examination has been successfully completed and the application is in condition for formal registration. It is not the final step, but it marks the beginning of the last phase leading to the issuance of protection rights.

Post-Allowance Steps Before Grant

Once an approval notification is received, the applicant must fulfill specific requirements to complete the registration process. Failure to do so within the allowed timeframe may delay or jeopardize the rights. Key post-allowance steps include:

• Payment of the prescribed grant fee
  This fee must be paid within the deadline (usually two months) to initiate the final registration process.
• Verification of bibliographic details
  Applicants must confirm that all relevant information (title, inventor names, applicant data) is accurate.
• Submission of translation (if required)
  For applications filed in a foreign language (e.g., under the Patent Cooperation Treaty route), a certified translation into English or Malay may be necessary.
• Request for certificate issuance
  In some cases, a formal request may be required to trigger publication and certificate preparation.
• Monitoring for publication in the IP Gazette
  Once the protection is issued, it will be published in the official Gazette, marking the start of enforceable exclusivity.

The Significance of Patent Granting in Malaysia

Following the successful processing of the official notification, exclusive rights are formally awarded by MyIPO. The registration provides the applicant with legal authority over the invention in Malaysia for a period of 20 years from the filing date, subject to annual renewal fees.

The rights conferred include:

• Right to prevent unauthorized use or manufacturing
• Right to license or assign the invention
• Legal basis to take enforcement actions against infringement

Importantly, these rights can be commercialized through licensing agreements, joint ventures, or technology transfers, especially valuable in sectors such as pharmaceuticals, electronics, agriculture, and renewable energy.

Notice of Allowance: Key Points for Applicants

To ensure a smooth transition from acceptance to registration, applicants should keep in mind the following:

• An acceptance letter confirms the submission is ready for certification
• Timely payment of required government fees is critical
• Ensure data accuracy before the final step
• Monitor deadlines strictly to avoid lapses
• Use legal or agent support for final-stage formalities

These final formalities are not merely administrative; they serve to secure the legal basis of the protection. A misstep at this stage can compromise years of effort spent in drafting, filing, and prosecution.

Strategic Importance of Allowance in Business Planning

Receiving an official confirmation that an application has been accepted has strategic implications for innovators and companies operating. This stage:

• Strengthens bargaining power in negotiations
• Triggers internal planning for product launch or commercialization
• Offers assurance for investors and stakeholders
• Enables global portfolio management where priority rights or regional filings are planned

For applicants involved in international filings, alignment of Malaysian rights with other jurisdictions helps maintain a harmonized IP strategy.

Conclusion

The approval notice and subsequent registration of a patent in Malaysia represent more than the end of a bureaucratic process—they mark the beginning of enforceable rights and commercial opportunity. Understanding the meaning of this stage and taking precise steps to finalize the process ensures that innovation is effectively protected and positioned for success.

Whether the goal is exclusive market control, licensing revenue, or international expansion, a well-managed post-allowance strategy is essential for realizing the full value of intellectual property in the Malaysian market.