Singapore: Malaysia To Join Patent Cooperation Treaty In 2003

It was announced by the Malaysian Domestic Trade and Consumer Affairs Minister, Tan Sri Muhyiddin Yassin, in a luncheon with the British Malaysian Chamber of Commerce, that Malaysia is expected to join Patent Cooperation Treaty (PCT) under the World Intellectual Property Organisation (WIPO) in the year 2003.

The PCT was formulated by a Diplomatic Conference held in 1970 at Washington D. C and became effective on 24 January 1978. As of 1 November 2002, the number of PCT Contracting countries is 117. Under the PCT, a single PCT application or International application is filed in applicant’s own country and in applicant’s own language, and only one single application needs to be filed in order to effect the filing in one or more designated states which are members of the PCT.

Prior to becoming a member of the PCT, the Malaysian Patents Act and Regulations need to be amended and the Ministry has planned to table the proposed amendment for the Parliamentary Session in early 2003. After Malaysia becomes a member of the PCT, the Malaysian Registry of Patents can use the facilities offered by the WIPO, and the processing and filing of patent applications in Malaysia could be expedited and the pendency period would be reduced. Presently, it takes at least four to five years for a Malaysian patent application to be matured into a patent.

According to Tan Sri Muhyiddin, there are about 8000 patent applications pending approval and that applications will increase once Malaysia becomes a member of the PCT.

With regards to expediting patent processing in the country, Tan Sri Muhyiddin announced that the number of patent examiners with the Patent Registry would be increased from the present 20 to 50 examiners. Recruitment of patent examiners will begin next year when the Intellectual Property Division is corporatised to become the Malaysian Intellectual Property Corporation. The Ministry may also seek foreign expertise by outsourcing the examination of applications to South Korean patent examiners. Another measure to expedite the patent processing is by recognizing applications which have been approved in other countries.