Patent – FAQ

Patent – FAQ’s

General Information

What is Patent?

aA 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 new technical solution to a problem.

What is Utility Innovation?

aA utility innovation is an exclusive right granted for a “minor” invention which does not require to satisfy the test of inventiveness as required of a patent.

Who May Apply?

aAny person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes, for example, a company.

How can a patent or utility innovation be protected?

aAn applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess whether it meets the requirements of the Patents Act 1983.

Why Protect an Invention?

aA patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner’s invention in Malaysia without the owner’s consent or permission.

Term of protection

aA patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.

National Security (Section 23A and 62A )

aFor reasons of national interest and security, any Malaysian resident wishing to apply for a patent or certificate protection outside Malaysia must first seek written authority from the Registrar. However, written authority is not required if a corresponding Malaysian patent/certificate has been applied for, and a period of at least two months has elapsed since filing.

Section 62A : Contravention of Section 23A is an offence and is punishable (upon conviction) by a fine not exceeding 15,000 ringgit or imprisonment for a term not exceeding two years, or both

Non-Patentable Inventions

a

  • Discoveries, scientific theories and mathematical methods;
  • Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products 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 practiced on the human or animal body.
Patentable Inventions

aFor a patent to be granted an invention must be :

  • new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
  • involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
  • industrially applicable, meaning it can be mass produced.