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How do I register an industrial design in Malaysia? How do I apply for industrial design registration?

Application For Registration Of An Industrial Design


A complete application for the registration of industrial design shall be made on paper via the official form ID 1 (English version) or RBP 1 (Malay version).

Electronic filling for registration of industrial design has not been implemented in Malaysia.

Your application may be submitted either directly to the Intellectual Property Corporation of Malaysia 1 or indirectly via a registered industrial design agent.

The application must be signed by the applicant or the registered industrial design agent appointed by the applicant.

Under regulation 5(3) of the Industrial Designs Regulation 1999, where the applicant is not the author, the applicant must file the Statement Justifying Applicant's Right To The Registration specifying each author's name and address. The statement justifies the applicant's right to the registration.

Language


The Intellectual Property Corporation of Malaysia accepts applications written in English or Malay, so you are free to choose between the two languages when filing directly.

Where the application or any document forming part of an application is in a language other than English or Malay, the application shall be accompanied by a certified translation and the name of the language.

Documents


All applications, notices, papers having representations thereon, and other documents filed:
  • shall be in A4 size (29.7cm x 21cm) strong paper;

  • except where otherwise required, shall appear on one (1) side only;

  • shall be free from cracks, creases or folds; and

  • shall be so presented in the form of either photographs or other graphic/drawing representations appearing on one (1) side with a left-hand margin of approximately 3cm.


Representations shall be filed in six (6) copies. For a set of articles, representations shall be filed in seven (7) copies.

Where representations consist of specimens, the specimens shall be of a size not exceeding 20cm x 20cm x 20cm.

Intellectual Property Corporation of Malaysia may require specimens to be replaced by representations comprising of drawings, tracings or photographs.

The photographs and drawings shall be of a size of 12.5cm x 9cm.

In an application where words, letters or numerals appear in the design, the Registrar will normally require that a disclaimer of any right to their exclusive use to appear on each representation.

Each representation of an industrial design which consists of a repeating surface patter shall show a complete pattern and a sufficient portion of the repeat in length and width, and shall be of a size not less than 18cm x 13cm x 18cm x 13cm.

Statement Of Novelty


A statement of the features of the industrial design for which novelty is claimed or a statement of novelty is required except in the case of an application to register the pattern or ornament of a design to be applied to a textile article, to wallpaper or similar wall covering or to lace.

In the case of representations which consist of more than one (1) sheet, the statement of novelty should only appear on the first sheet. If it is impracticable for the statement of novelty to appear on a representation it may be given on a separate sheet of paper.

The statement of novelty shall not include any description of the use of the article or its features, or its advantages or method of construction.

Payment Of Fees


The fees payable in connection with an industrial design application consist of:
  • a basic application fee of RM400.00 for a single design and RM200.00 for each additional design specified

  • a publication fee of RM50.00 for each view of the representation contained in the application


Fees are due at the time of filing.

Checklist


Click here for the flowchart of industrial design application process.
  • A complete application form ID Form 1 (English version) or RBP 1 (Malay version);

  • Six (6) copies of representations of the article to which the design is applied (drawings or photographs) (seven (7) copies for set of articles);

  • A statement justifying applicant's right to the registration if the applicant is not the author;

  • A statement of novelty except for an application to register wallpaper, lace or textile article; and

  • Payment of the appropriate filing fee.

Certificate Of Industrial Design


A certificate of industrial design will normally be issued within 8 months from the acceptance of the complete application form, documentation and prescribed fees.

References
  1. The official website of the Intellectual Property Corporation of Malaysia MyIPO (Perbadanan Harta Intelek Malaysia), and agency under the Ministry of Domestic Trade, Co-operatives and Consumerism.


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Knowledge Base ID :   1449
Last Reviewed :   May 24, 2014
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