PATENT

A Patent is a set of exclusive rights granted by a sovereign state to the applicant for a limited period of time, in exchange for the public disclosure of the invention.

An invention means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology.

An invention may be a product or process.

Section 36 of Malaysian Patents Act 1983 grants the following exclusive rights to a registered patent owner:-

(a) to exploit the patented invention; (b) to assign or transmit the patent; and (c) to conclude licence contracts.

20 years from filing date, subject to annual renewal.

No. Registration of a patent is territorial based. Therefore, patent registration in Malaysia only confers exclusive rights in Malaysia.

Besides, an applicant, if interested, should file patent application in foreign countries within one year from the first filing date. Failure to do so will risk the foreign patent application to fail due to lack of novelty.

An invention is patentable in Malaysia if it is: -

(i) novel; (ii) involves an inventive step; and (iii) industrially applicable.

An invention in this context means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology. It may relate to a product or process.

The Malaysian Patent Examiner may take about 3 to 5 years to examine an application. However, the protection period of a patent shall be 20 years from the date of filing, instead of date of grant.

We are not able to guarantee the successful registration of a patent as it is the sole discretion of the Registrar of Patents by considering all the requirements under the Patents Act 1983 of Malaysia. Should the Registrar of Patents raises any office action or objection again the patent application, you may file an appeal or response against the same.

No. Section 13 of the Malaysian Patents Act 1983 provides that the following shall not be patentable:

(a) Discoveries, scientific theories and mathematical methods. (b) Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-organisms, microbiological processes and the products of such microorganism processes. (c) Schemes, rules or methods for doing business, performing purely mental acts or playing games. (d) Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body: Provided that this paragraph shall not apply to products used in any such methods.

(i) Full name, address and nationality of the Applicant

(ii) Softcopy of the patent specification in English with title of invention, abstract, description of the invention, claims and drawings (if any). We are able to assist in drafting the patent specification if this is not available to the applicant.

(iii) Full name, address and nationality of the inventor(s)

(iv) Kindly advise the method by which the Applicant is entitled to the ownership to the invention, eg. by way of assignment, commissioned works or contract of employement. The Applicant is required to file Statement Justifying Applicant’s Right (Patent Form-22) if the applicant is different from the inventor. Please furnish us with a copy fo the assignment or other documents evidencing the Applicant’s entitlement to the invention, if available.

(v) Duly signed original Appointment of Agent Form (Patent Form-17), which will be prepared by us. This document should be filed within 2 months from the patent filing date. Only simple signature needed, notarization or legalization not required.

(vi) Certified priority documents if filing via Paris Convention route

(vii) If entering national phase via PCT route:- (a) A copy of PCT Form RO/101, in English (b) International Application number (c) International Search Report or International Preliminary Examination Report, if available (d) Request for Substantive Examination. May be requested at the point of filing or not later than 4 years from the international filing date.