Patent / Utility
Innovation
What is Patent?
A patent is a form of intellectual property right that provides inventor of a product or process an exclusive legal protection to manufacture and use the invention for a given period.
What is an invention?
An invention typically is a process, or device that is the result of creative and/or innovative ability. It is characterized by the following:
- Non-abstract and non-intellectual: The invention should go beyond being purely abstract or intellectual in nature. It should have a tangible and practical application.
- Technical in nature: The invention should possess a technical character which is intended to solve problem by application of laws of nature.
Types of protection for invention
Two types of patents are granted:
- Standard Patent: The invention must be new (ie.novel), have an inventive step (ie. not obvious) and be industrially applicable.
- Certificate of Utility Innovation: Generally, the same as standard patent except no inventive step is required.
What invention is patentable?
To obtain a patent for an invention, it must satisfy specific criteria as stated below:
New
An invention must not already exist and not publicly disclosed available anywhere in the world.
Inventive Step
An invention must ould not be an obvious combination or modification of existing knowledge or prior inventions. It must be entirely unique or have an obvious improvement compared to any existing invention.
Industrial Applicability
The invention must have a practical use and be capable of being produced or utilized in an industrial or commercial setting.
What inventions are non-patentable?
The following are generally not eligible for patent protection:
- Discoveries, scientific theories and mathematical methods;
- Plant or animal varieties or essentially biological processes for the production of plants or animals;
- 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 practised on the human or animal body;
- Claims to computer programs per se
What is the use of patent?
A patent provides exclusive rights to inventors, allowing them to
- Protect their inventions from unauthorized use,
- Incentivizing innovation,
- Providing market advantage,
- Facilitating licensing and technology transfer, and
- Offering legal protection and enforcement
Law and Regulations governing Patent in Malaysia
In Malaysia, the law and regulations governing patents are primarily governed by the Patents Act 1983 and its accompanying Patents Regulations 1986. Malaysian Patent Law is WTO/TRIPS compliant, and Malaysia is a member of the Paris Convention and the Patent Cooperation Treaty (PCT).
Duration of protection for a patent and a certificate of Utility Innovation
Patent
In Malaysia, Patents are protected for a maximum of 20 years from the date of filing subject to annual renewal from the second year of the grant of patent (with annual renewal fees).
Utility Innovation
In Malaysia, Utility Innovations are protected for 10 years from the filing date. Additionally, the term of protection for Utility Innovations can be extended for two additional terms of five years each (5 + 5 years) if the invention is used as claimed in the Utility Innovation Registration.
Steps of filling Patent in Malaysia
Requirements to file a patent application
In Malaysia, the patent system operates under a “first to file” approach. The filing date is determined based on the receipt of an application that includes the following information:
- Applicant's name and address;
- Inventor's name and address;
- Description and any duplicate drawings (informal drawings are acceptable)
- Claim or claims; and
- Prescribed fee
The following documents can be submitted subsequently without affecting the filing date:
- Appointment of a Patent Agent (Form 17), without notarization or legislation requirements.
- Abstract; and
- Priority documents (only if explicitly requested by the Registrar of Patents)
What can we help
When it comes to patent protection, both in Malaysia and internationally, you can rely on us for comprehensive guidance throughout the entire patent application or protection process. From the initial drafting stage to application filing, prosecution, commercialization, enforcement, and litigation, we offer expert advice and support.