In today’s competitive business landscape, protecting intellectual property is essential for businesses focused on innovation. Patents play a crucial role in safeguarding inventions and granting inventors exclusive rights. In this article, we will provide a guide to patent law in Malaysia.
What is a Patent?
A patent is a legal right to an invention that gives the owner the exclusive right to make, use or sell the invention for a limited time. In general, the write up of a patent should at least cover the following: –
- The background of the invention, including the problems it solves.
- Comparison between your invention and the existing technologies.
- What are the advantages and/or improvements of your invention over the existing technologies in the market.
- Describe what your invention consists of and how it works, including its drawings, schematic flow charts and diagrams.
- List out all the components required to build your invention.
- What are the aspects of your invention that you wish to protect?
Legal Protection for Patent Law in Malaysia
The Patents Act 1983 and the Patents Regulations 1986 are two sets of law that govern the patent protection in Malaysia.
The Act covers the criteria for patentability, rights attached to patents and duration of patents, whereas the Regulations predominantly encompass the procedures for the application of patents.
Types of Patent Protection available in Malaysia
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a technical solution to a problem. A patent provides protection for a period of 20 years from the date of filing.
A utility innovation is an exclusive right granted for a ‘minor’ invention. The requirements for acquiring a utility model are less stringent than for patents. Utility innovations are protected for an initial period of 10 years which may be extended for another two 5-year terms, providing a total protection period of 20 years.
What are the Requirements for obtaining a Patent in Malaysia?
New: The invention must not already exist in the world. It is recommended that potential patent owners keep their invention as private knowledge until the patent is accepted.
Inventive Step: The invention must be entirely unique, or have an obvious improvement compared to any existing invention.
Industrial Application: The invention must be practical and be useful in an industry.
What Cannot be Patented?
- Discoveries, theories of science, and mathematical techniques.
- Plans, guidelines, or techniques for conducting business, engaging in purely mental activities, or engaging in games.
- Types of plants or animals, or more specifically, biological procedures used to produce plants or animals.
- Techniques used in surgery or therapy for treating the human or animal body, as well as techniques used to diagnose the human or animal body.
How to Obtain a Patent?
To obtain a patent in Malaysia, an application must be filed with the Intellectual Property Corporation of Malaysia (MyIPO). The specification should include a description of the invention and the inventor’s claims. Exclusive rights to an invention will be granted to the first applicant who applies for patent rights.
What should you do before filing a Patent in Malaysia
It is highly recommended to conduct a patent search to compare your invention with those which have been filed or granted patents. This will allow you to make alterations or improvements to your invention to improve the chances of success should a similar patent exist in the patent database.
We will conduct patent searches by relying on several databases namely the World Intellectual Property Organization (WIPO), Espacenet developed by the European Patent Office, Google Patent and the national patent office and Intellectual Property Corporation of Malaysia (MYIPO).
Filing Patent Application in Malaysia
To file a patent application in Malaysia, we will be required to draft a patent specification for your invention. It is basically a write up on your invention in a designated format. It shall contain the following:
Description of the Patent: A complete description of the invention, together with claims and drawings.
Abstract of the Invention: A succinct description of the technical specifications of the invention.
Claim: The claim shall define the invention in terms of the technical features of the invention. The claim is meant to set out the features of your invention that you wish to be protected by the patent.
Drawing: Drawing shall be required when they are necessary for the understanding of the invention. Drawings, schematic flow charts and diagrams shall be considered drawings.
Once you have completed your patent specification above, you may prepare to file the patent application with the Intellectual Property Corporation of Malaysia (MYIPO).
Examination of a Malaysian Patent Application
Formality Examination: The examiner shall conduct a formality examination of the application. This examination is merely on the formality level and not yet on the subject matter of the invention.
Substantive Examination: After the formalities are completed, the application proceeds through a substantive review to determine the innovation’s patentability, covering its uniqueness, inventiveness, and industrial applicability.
Examination Report: Any concerns or problems identified throughout the testing process are described in full in the examination report issued by the Intellectual Property Corporation of Malaysia (MYIPO).
Certificate of Grant Issued: Intellectual Property Corporation of Malaysia (MYIPO) issues a patent certificate and issues the patent if all challenges are overcome, and the creator satisfies the requirements for patentability.
Published in the Official Gazette: The specs of the innovation are made public when the issued patent is published in the Official Gazette of Intellectual Property Corporation of Malaysia (MYIPO).
Please feel free to get in touch with us if you have any inquiries regarding patent registration issues in Malaysia. We will be happy to assist you.
Written by:
Hardeep Singh