What is a Patent?
It is a monopoly right of an invention for a stipulated period of time. The monopoly right is legally recognized by the Government.
What are the conditions for obtaining a Patent in Malaysia?
Generally, there are three conditions:
- it is new in the world;
- it involves an inventive step; and
- it is industrially applicable.
What invention is prohibited from patenting in Malaysia?
According to the Malaysian Patents Act, there are four prohibitions:-
- 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; and
- methods for the treatment of human or animal body, and diagnostic methods.
Can the registration conditions be relaxed?
Yes. When an invention is new in the world (only fulfils condition no.1), it can be registered as an utility innovation (petty patent).
I had already disclosed this invention, can it still be registered in Malaysia?
Yes. In Malaysia, you can still register it within 12 months from the date of first disclosure.
Who can apply to register a patent?
Either an individual or a company can apply for a registration. If the Applicant is not the inventor, the Applicant needs to state the basis of the ownership.
What about invention by employees?
Employer owns the invention if the employee has used company time and resources to carry out the invention. Otherwise, the employee owns the invention.
Why priority claim is important?
After first filing in a Paris Convention member country, you may apply to Malaysia or other member countries within 12 months from the first filing date. All subsequent applications can carry the first filing date. Since an invention is examined on the first-to-file-first-to-get basis, you really want to secure an early date.
If you missed the deadline, you lose your right to claiming the priority date.
In Malaysia, a non-convention application can still be filed within 12 months from the date of first disclosure.
How soon can I expect to obtain the Patent certificate?
4 to 6 years from the filing date (for straight forward cases).
How long a patent registration is valid?
For a full patent, 20 years from the filing date.
For an utility innovation, 20 years from filing date, i.e. First term (10 years) plus 2 Extendable terms (5 years + 5 years).
Do I have any protection before the patent is granted?
You have the power to caution and to place others on notice. Once the patent is granted, retrospective action can then be taken against any infringing party.
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