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Patents in Malaysia are governed by Intellectual Property Cooperation of Malaysia (MyIPO). Industries, corporations and individual researchers (inventors) involved in R & D (research and development) in Malaysia regularly seek professional services of technically qualified industrial patent experts for supporting research and development activities, patent consultancy, technology transfer, patent strategy, franchising, patent application drafting, amendment of patent application, patent filing and patent registration, international patent filing, Patent Cooperation Treaty (PCT) patent application, European Patent Convention (EPC) patent application, patent renewal, patent maintenance, patent assignment, patent licensing, patent commercialization, patent audit, patent infringement, patent invalidation, patent validation, and the like.
In Malaysia, patent protection rights are governed by the Patents Act 1983, and as the patent grant is territorial in nature, the patent is allocated through the government and the patent applicant is assigned the rights to exclude others for 20 years from patent priority date from making, using or selling the invention in Malaysia.
Generally, Malaysian government allows two kinds of patents, including, utility innovation i.e. a patent granted for a ‘minor’ invention that does not require any inventive steps. Accordingly, the utility innovation does not need to pass the test of inventiveness. The duration of a utility innovation is 10 + 5 + 5 years. Secondly, Malaysian IP Office (MyIPO) allows a standard patent, i.e. the right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter. The duration of a standard patent is of 20 years.
As per Malaysian patent laws, any person or a company may apply for a patent by applying for an application for standard patent or utility innovation. It can be done either alone or it can be a joint venture.
According to information available on MyIPO website, non patentable inventions include discoveries, scientific theories and mathematical blueprints, plant or animal varieties, biological processes for the production of plants or animals, micro-biological processes and the products thereof, schemes, rules or methods for doing business, performing purely mental acts or playing games, methods for medical treatment and diagnostic methods practiced on the human or animal body.
In Malaysia, for an invention to be patentable, the invention should be novel, i.e. it should not have been disclosed in any form, anywhere in the world. Furthermore, the invention should be industrially applicable and should be inventive, i.e. non-obvious to a person skilled in the art. In other words, an invention is said to involve an inventive step, if the invention is not obvious to someone with knowledge and ordinary skill in the technological field of the invention.
With regards to Malaysian Patent Application Requirements, the applicant has to file the patent or utility innovation with the Intellectual Property Corporation of Malaysia (MyIPO), in Kuala Lumpur, or at the branch offices located in Sabah and Sarawak. The information required includes name and address of the applicant, name, address and citizenship of the inventor, invention title, accompanying drawings, details of the invention in English, a set of one or more claims, certified priority document, and power of attorney.
Malaysian Patent Laws include Patents Act 1983 effective 1 October 1986, Patents (Amendments) Act 1993 effective 1 August 1995, Patents (Amendments) Act 2000 effective 1 August 2001, Patents (Amendments) Act 2002 effective 3 March 2003, Patents (Amendments) Act 2003 effective 14 August 2003, Patents (Amendments) Act 2006 effective 16 August 2006, Patents Regulations 1986 effective 1 October 1986, and Patents (Amendments) Regulations 1993 effective 1 August 1995.
Malaysia is also signatory to a number of international treaties, including Patent Cooperation Treaty (PCT) effective 16 August 2006, Paris Convention effective 1 January 1989, World Trade Organization (WTO) effective 1 January 1985, and, Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).
After filing a patent application in Malaysia, it proceeds towards Substantive examination, i.e. a full detailed examination of the patent application and as per Malaysia Patent Laws, to proceed with the patent application it is necessary to request a substantive examination. The primary objective to request the substantive examination is to check whether: the invention can be granted a patent or not, it is novel, the person carrying out the invention is well knowledgeable about the concept, and the description provided is complete and clear, and the corresponding claims are compatible with the description provided.
In association with our partner IP patent agent firm based in Malaysia, we provide a wide range of patent services to inventors and corporations in Malaysia, and even outside Malaysia, including patent consultancy, patent advisory, patent searching, patent drafting, patent filing in Malaysia, international patent filing, patent prosecution, patent commercialization and patent licensing. We also consult our clients on issues pertaining to patent infringement, patentability analysis, freedom-to-operate searches, patent prior art research, and the like.
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