International and Regional Frameworks: Paris Convention, TRIPS, PCT and Budapest Treaty
Paris and TRIPS
The Paris Convention, to which Malaysia has been party since 1989, gives priority: a filing in one member state gives 12 months to file in others with the same effective date, and provides national treatment. TRIPS, in force for Malaysia since 1995, sets minimum standards: a 20-year patent term, patentability of products and processes in all fields, exceptions, and enforcement. Malaysia's Act reflects these obligations.
PCT and Budapest
The PCT, in force for Malaysia since 2006, allows a single international application and a 30-month national phase. The Budapest Treaty, in force for Malaysia since 2014, recognises deposit of microorganisms with an International Depositary Authority for patent disclosure. Deposit must be made by the filing date and the receipt included in the specification.
Worked example
A Malaysian applicant files a US provisional application on 1 April 2024, then a Malaysian application on 1 March 2025 claiming priority. Is the priority valid? Yes, because the Malaysian filing is within 12 months of the US provisional. The priority date for novelty is 1 April 2024. If the applicant had filed a PCT on 1 March 2025, the 30-month national phase deadline would be 1 October 2026.
Traps
- Claiming priority from a non-Paris member without checking WTO membership.
- Missing the 12-month priority deadline.
- Assuming Budapest deposit is optional when the invention involves a microorganism that cannot be described.
- Confusing the PCT international phase with the national phase.