Patent protects the way things work, it protects the inventive kernel of a process or product.
Patent Law in Malaysia
Patents Act 1983
Patents Regulations 1986
Why is a Patent important?
A patent gives the owner exclusive rights to exclude others from making, using or selling an invention for a limited period of time.
Criteria for a Patent
Is the invention a solution to a problem in a field of technology?
Is the invention new and not disclosed anywhere in the world?
Is the invention obvious to a person skilled in the industry? (is it anticipated by anything that has come before?)
Can the invention be applied across industries?
In Malaysia, the following are considered non-patentable subject matter:-
Discoveries, scientific theories and mathematical methods.
Plant / animal varieties or essentially biological processes for the production of plants and animals, other than man-made living organisms, micro-biological processes and the product of such micro-organism processes.
Schemes, rules or methods for doing business, performing purely mental acts or playing games
Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practices on the human or animal body.
On average, it takes 3 - 5 years from the date of application for a patent to be granted
Term of Protection
Upon grant, a patent is protected for a maximum of 20 years from the date of filing, upon payment of annuities on a yearly basis.
Once a patent is granted, the term "patented" can be used by patent owners on products and marketing materials.
The term "patent pending" can be used when a patent application has been filed but has yet to be granted.
Utility Innovations (UI) provides protection for
Features of a UI
UI does not need satisfy the criteria of inventive step.
UI may only contain 1 claim
Upon grant, a UI is protected up to 20 years from the date of filing, subject to use.
Patent Registration Process (in Malaysia)
Prior Art Search
Preliminary assessment whether your invention is novel and if it fulfills the criteria of inventive step, i.e. do you have something patentable?
We study your invention thoroughly and proceed to draft the patent specification.
Filing of Patent Application
The patent application (what the invention is and how it works) is submitted to the IP office in Malaysia (MyIPO).
A Certificate of Filing will be issued by MyIPO to confirm receipt of the application.
Requirements for Application
Applicant name & address
Inventor name & address
Patent specification & drawing (we can assist you in preparing this)
Information on devolution of rights (how the Applicant derived the rights to the invention from the inventor(s))
Signed Appointment of Patent Agent Form (to be provided)