The Malaysian patent law was amended with effect from August 1, 1995. The principal substantive change was to make it clear that for both patent and utility models, novelty is destroyed by anything disclosed to the public anywhere in the world by any means. The one-year grace period in respect of publications by the applicant or his predecessor-in-title (presumably including the inventor) or if the disclosure was an abuse of the rights of the applicant is, however, retained.
Examination of a Malaysian patent application is deferred. Up to August 1, 1995, the term within which examination had to be requested was eighteen months from filing. As a result of the 1995 amendment the term is now two years from filing. The new procedure follows Australia in providing for alternatives of normal and modified examination. If the applicant opts for modified examination, a certified copy of a patent granted on a corresponding application in the EPO, United States, United Kingdom or Australia must be supplied. If no such patent has issued by the end of the two-year period in which to request examination, the applicant can request that examination be deferred for up to four years from the filing date. If modified examination is requested the Malaysian application must be amended into substantial conformity with the patent on which it is being based. If normal examination is requested, at the time of requesting examination one must provide the Patent Office with details of the publication of any corresponding PCT, United States, European, British or Australian application and copies of any search reports issued in any of these jurisdictions, although if this information is not available a one year delay in its submission may be requested.

