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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
Claim 1 defense.docxPI 2013700798_Adverse Substantive Examination Report.pdfThis is the MYIPO substantive examination report which stated that my invention Optimum Hybrid Vehicles with only one electric motor is equated to 2 other inventions that use 2 electric motors. Both of these inventions were actually pointed out by me in the filing itself. No new invention was found by MYIPO to resemble my invention after more than 5 years of searching.
My reply is attached as well.
description OPTIMUM HYBRID vehicle.pdf3diagrams hybrid car.pdfclaims OPTIMUM HYBRID vehicle.pdfabstract OPTIMUM HYBRID vehicle.pdfOptimum Hybrid Vehicle
1diagrams hybrid car.pdfD1) US200601131271.pdfChina First Automobile
China First Automobile
2diagrams hybrid car.pdfD2) US20110083916A1.pdfFerrari
Ferrari
Cover Letter for reply to preliminary exam myipo2.docxI was asked to amend my drawings with a different format compared to the sample published at MYIPO website, and this convention is very different from other patent offices so I was reluctant to comply. Unfortuantely, there is no response from them apart from saying that my patent passed the premilinary screening.
CC_Respond.pdf
iponline initial failure report.pdfCannot file online anymore.
iponline attempts using remote control.pdfDespite many attempts at setting up my PC using remote control from MYIPO.
Statutory declaration for stating reasons.docxORIGINAL RAW FILE FOR DECLARING REASONS WHY SUBSTANTIVE EXAMINATION WAS NOT CARRIED OUT TIMELY
ORIGINAL RAW FILE FOR DECLARING REASONS WHY SUBSTANTIVE EXAMINATION WAS NOT CARRIED OUT TIMELY
This is the word document of a statutory declaration signed in front of a commissioner of oath. The original had been sent via letter, scanned at MYIPO office at Kota Kinabalu, but not received by MYIPO KL. I sent an email asking for it and requested confirmation from Jasium but no reply.
statutory declaration tidak sampai.pdfREQUEST FOR CANCELLATION OF ABANDONMENT NOT CONSIDERED BY MYIPO
REQUEST FOR CANCELLATION OF ABANDONMENT NOT CONSIDERED BY MYIPO
Statutory declaration tidak sampai. Statutory declaration stating reasons why substantive examination was not carried out resulting in abandonment of patent filing. MYIPO should consider any application and should give a reply, but I received none.
Tun Dr Mahathir.docxLetter to Tun Mahathir
Letter to Tun Mahathir
Minister of Higher Education.docxLetter to Ministry of Higher Education
Letter to Ministry of Higher Education
jabatan odit negara.pdfComplaint to Federal Audit Department
Complaint to Federal Audit Department
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