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Malaysia Now Bound By The "PCT"

by SCOTT WALKER

~ 17th August 2006

On 16 May 2006 Malaysia acceded to the PCT (Patent Cooperation Treaty) and now joins a list of 133 Contracting States of which are automatically designated as part of a new PCT application. A full list of PCT Contracting States can be obtained from the World Intellectual Property Organization ("WIPO") official website, at:PCT Contracting States.

The Malaysian Patent Registration Office opened its doors to PCT applications on 16 August 2006. Consequently, any PCT application filed on or after 16 August 2006 will automatically include the designation of Malaysia.

Unfortunately, Malaysia´s accession to the PCT does not have any retrospective effect on PCT applications filed before 16 August 2006.

The time limit for entering the National Phase in Malaysia for new PCT applications will be 30 months from the filing date of the PCT application or priority application, whichever is earlier.

With Malaysia now party to the PCT, only Taiwan and Thailand remain as the significant Southeast Asian countries that are not party to the PCT.

For a general understanding of the PCT system, please read "About the Patent Cooperation Treaty" at the WIPO official website.

If you would like to learn more about the PCT system, or any other area of intellectual property, please do not hesitate to contact us.