In Malaysia, a patent application typically takes an average of 3 to 5 years from initial filing to official grant. While this period secures patent rights eventually, it demotivates innovators working within rapidly evolving technological fields such as artificial intelligence (AI) or advanced semiconductors. The reason is that the underlying technology may become obsolete before the protection is fully established, potentially resulting in losing crucial market advantage as the barrier of entry is not built in time.

To address this, the Malaysia Patent Office provides a fast-track program for expediting the examination of the patent application. This program is called expedited examination procedure, and it allows innovators to bypass standard queues to secure their rights within a timeframe that matches the pace and life cycle of modern technologies

When to File?

Any time before a first examination is issued, but the examination will only take place after the application is published.

How Much Faster It Is?

Under the expedited examination procedure, the issuance of the examination report can be reduced to 4 weeks.

How to Apply?

To fast-track your patent in Malaysia, the process involves two stages:

Step 1: Request for Approval (Form 5H) You must first submit a request for approval using Form 5H. This application must include the prescribed fee and a Statutory Declaration explaining your specific reasons for seeking an expedited timeline. The patent office typically processes this approval within one week.

Step 2: Request for Expedited Examination (Form 5I) Once the registrar approves the request, you have a strict window of five working days to file Form 5I. This final step requires a separate prescribed fee to officially move your application into the accelerated examination lane.

Acceptable Grounds for Approval

Expedited examination is not granted automatically, the applicant must provide substantiated reasons for the request. Under the Malaysia Patent Act, you can apply if the invention falls under any of the following categories:

  • It is in the national or public interest.
  • Infringement proceedings are ongoing, or there is evidence of potential infringement regarding the patent applied for.
  • The applicant has commercialized the invention or intends to do so within two (2) years from the date of the expedited examination request.
  • Patent registration is a condition for obtaining financial benefits from the Government or a body recognized by the Registrar.
  • The invention relates to Green Technology that improves environmental quality or energy resource recovery.
  • Other reasonable grounds.

Commitment

If the examiner issues an adverse report, you are given only three weeks to file a response to it. It is important to note that no extensions of time are permitted during this expedited process. If you fail to respond within this three-week window or do not successfully overcome the objections raised, your application will be withdrawn from the fast track and reverted to the standard procedure.

Link: The Basics of Patent in Malaysia

Link: Patent Costs in Malaysia