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Friday May 19, 2006
Malaysia added as PCT Contracting State
As most of our clients know, there are two significant countries that are not members of the PCT. These two countries are Malaysia and Taiwan. Thus, Applicants wishing to foreign file by the 12 month deadline, from the earlier filed priority application, had to make a decision as to whether Malaysian and Taiwanese protection was desired. Even if a PCT application is filed by the 12 month deadline, many Applicants are forced to also file in Taiwan and Malaysia by the 12 month deadline.
It has just been announced that Malaysia (MY) became the 131st PCT Contracting State. The PCT will enter into force for that State on August 16, 2006. Further information will be published in the June issue of the PCT Newsletter and in a WIPO Update. We will continue to monitor the situation, and advise our clients of any additional nuances.
For now, if you plan on filing a PCT application after August 16, 2006, you will no longer be required to also file in Malaysia within 12 months of the priority date. This presents a substantial cost savings, as many clients who file in Malaysia end up abandoning the filing if their economic situation or business needs later dictate that Malaysian protection is no longer needed. A PCT filing will therefore afford clients with additional time to consider if Malaysian protection is indeed needed.
For now, Taiwan is the only significant country that will remain outside of the PCT. Taiwan filings must therefore be made within the 12 month deadline.
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