Submitted to the PM Complaints department.
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Subject : Very slow and ridiculous patent examination process by MYIPO
Details : MYIPO is supposed to ensure that intellectual properties of Malaysian citizens are protected. Unfortuately, it is the other way round. MYIPO is more interested in making Malaysian inventions invalid without any effort to approve patents so that the intellectual output of Malaysian Universities are protected. MYIPO does not protect Malaysian intellectual property
1. by not following its own regulations, insisting that I follow a format that is against standard PCT format and even the format issued by MYIPO as a sample. Fearing that my invention will not be approved, I succumbled to the demand, but it means that the filing no longer complies with PCT and Malaysian patent formats. My request for clarification remained unanswered.
2. I had filed a few patents, but because I forgot about the dates at which extensive examinations are to be made, my inventions were deemed to abandoned. There should a procedure to get an exemption, but NO REPLY again. What a waste.
3. After delaying for 5 years, the only extensive report that MYIPO can come up with is to cite patents inside my invention description, and obviously wrongly concluded. Only idiots will fail to notice the differences between my inventions compared to the cited inventions, because my invention uses only one motor, whereas the cited ones need to use 2 motors.
4. The online filing system cannot be used. It made it expensive to file and to monitor my patents. I no longer can login into MYIPO filing system.
Expected Result :
1) setup a tribunal to handle disputes with MYIPO similar to patent courts in UK and USA. This court should be given powers to get refunds from MYIPO and penalties for delaying the approval or wrongfully dismissing patents.
2) give time limits to Patent Examiners to examaine patents. Model them after USPTO but do not easily penalise the inventors for being so late in replying.
3) provide cheaper patent filing under Small Entities of the USPTO, to encourage more common people like the 15 year old Kenyan to file his invention. If possible, setup funds to pay for filing by citizens.
4) please repair the online filing. It made it expensive to file offline. It is ridiculous for MYIPO to pay so much for an online filing system that cannot be used by users.
Category : ABUSE OF POWER/MALADMINISTRATION
Agensi : Kerajaan Malaysia > Jabatan Persekutuan > Jabatan Perdana Menteri > Bahagian Hal Ehwal Undang-Undang, JPM (BHEUU)
Attachment : Claim 1 defense.docx (19325 bytes)
PI 2013700798_Adverse Substantive Examination Report.pdf (1667287 bytes)
CC_Respond.pdf (63082 bytes)
Cover Letter for reply to preliminary exam myipo2.docx (18056 bytes)
Statutory declaration for stating reasons.docx (14400 bytes)