PATEN - FAQ
What is Patent?
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 new technical solution to a problem.
What is Utility Innovation?
A 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?
Any 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?
An 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?
A 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
A 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 )
For 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
- 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
For 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.
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