The Regulations provide for a waiver of the surcharge for the late payment of annual fees under Item 18 of Part II, Schedule I of the Patents Regulations 1986. The waiver is only available to an owner of a patent or certificate for a utility innovation who has been affected by the control or prevention measures taken by the Malaysian Government to curb the spread of Covid-19 in Malaysia under the Prevention and Control of Infectious Diseases Act 1988.
the term of the patent or certificate for a utility innovation expires between 1 January 2021 to 30 June 2021; and an application for waiver of the surcharge is filed