Recently, we have noticed a sudden “hiccup” in what used to be a straightforward administrative step. At the heart of this is Patents Form 17, and the Registrar of Malaysia Patent Office (MyIPO) has recently decided to put the signatory’s designation under a much stricter rule.
For any applicant engaging a patent agent, Patents Form 17 is a formal document used to appoint or change a patent agent. It allows the appointed patent agent to file documents, receive official correspondence, and represent the applicant’s interests before the Registrar. Without a validly executed Patent Form 17, the patent agent has no legal “standing” in the perspective of the patent office.
What’s Changed?
Historically, the Registrar was relatively relaxed about who signed the Patents Form 17 on behalf of a company. As long as the person held a recognizable position within the organization—be it a Project Manager, a Senior Technician, or an Executive—the form was generally accepted without question.
However, the patent office has recently moved toward a much stricter interpretation of authorized signatories. This shift has led to a surge in objections during the Preliminary examination stage, causing unnecessary delays and increasing costs for applicants.
The New Hierarchy of Authority
To avoid a rejection, we now have to categorize signatories into two distinct groups:
- The “Automatic Authority” Group
If the person signing the Patent Form holds a High-level position, the Registrar generally accepts the signature without further proof. This group includes:
- Directors
- Chief Executive Officers (CEO)
- General Managers
- Head of Legal
- The “Non-automatic Authority” Group
If the signatory holds any other position within the company, the Registrar now requires evidence that they are actually authorized to sign on behalf of the company. For such individuals, the Form 17 must be accompanied by a supporting document, such as:
- A Letter of Authorisation
- A Power of Attorney
- Other official corporate proof of authority
The Cost of Non-Compliance
Failing to provide these supporting documents for the Non-automatic Authority Group will almost certainly lead to an objection at the Preliminary Examination stage. This doesn’t just stall your application; it also creates:
- Official Delays: Your application cannot proceed until the defect is rectified.
- Increased Expenses: You will likely face additional agent costs to draft, prepare, and file the necessary authorizations to overcome the Registrar’s objection.
Moving Forward
To ensure your application transitions smoothly during the patent prosecution, we recommend identifying personals which fall under the Automatic Authority Group to sign the Patents Form 17 at the point of filing.
Link: Understanding the Vital Role of a Patent Agent
Link: Patent Costs in Malaysia