Can Your Invention Be Patented? Here’s What You Need to Know
- IP Gennesis
- 8 minutes ago
- 7 min read
Sometimes, inventors kill their own patents — without even realising it.
Yes, it happens more often than you think. Many great ideas lose their chance of patent protection simply because the owner didn’t understand the basic patentability requirements.
This time, let’s take a step back and ask a more important question:
Does your invention qualify for patent protection in the first place?
The good news?
The principles we’ll discuss here apply globally — because most countries follow similar standards under international Intellectual Property frameworks.
What Kind of Inventions Can Be Patented?
In simple terms, an invention can be patented if it provides a practical solution to a specific technical problem. That’s the basic rule under Section 12(1) of the Malaysian Patents Act 1983.
The law doesn’t limit what type of invention or field of technology can qualify for a Patent Application.
Your invention can be either:
A product (something you can make or use), or
A process or method (a new way of doing something).
(Section 12(2) Malaysian Patents Act 1983)
Common Examples of Patentable Inventions
A patentable invention can come from almost any field, such as:
Mechanical – a new type of engine part or locking mechanism
Electrical or electronic – an improved circuit or sensor
Chemical – a new compound or formula
Medical – a drug or medical device
Software – an algorithm or system with a technical effect
Industrial methods – a process that improves production or saves cost
So yes, patents cover more than just “gadgets.” It could be a process, a machine, or even a new way to achieve better results in your field.
But There Are Limits ⚠️
While the Patents Law allows a wide range of inventions, it’s not without boundaries.
Certain things — like discoveries, scientific theories, or artistic creations — don’t qualify for Patent Registration (we’ll cover these exclusions later).
What Are the Requirements for an Invention to Be Patentable?
To get a patent registration, your invention must meet three essential requirements:
Novelty – it must be new.
Inventive Step – it must not be obvious.
Industrial Application – it must be practical and usable.
These are the core filters every patent application goes through at Patent Offices.
They ensure that a patent is granted only to inventions that genuinely advance technology — not ideas that are already known or too simple to deserve monopoly protection.
Don’t be fooled by how short the list looks.
Even though there are only three requirements, most patent applications get rejected because of problems with:
Novelty (the invention was already disclosed somewhere else), or
Inventive Step (the invention was too obvious to someone skilled in the field).
Let’s break them down one by one so you can understand what each really means — and how to avoid killing your own patent before it even starts.
First Requirement: Novelty — Is Your Invention Truly New?
For your invention to be novel,
It must be something entirely new to the world.
It must not have been publicly disclosed before.
If it was disclosed, the disclosure must be within 12 months before filing (the grace period allowed under Malaysian law).
If it’s already been made public — even once — it’s no longer considered novel.
Under Section 14 of the Malaysian Patents Act 1983, an invention is not new if it has been anticipated by prior art.
What Is “Prior Art”?
“Prior art” refers to anything that has already been disclosed to the public, anywhere in the world, before the filing date (also known as the priority date) of your Patent Application, including:
Written publications such as research papers or news articles
Oral disclosures (e.g. presentations, lectures, or pitches)
Public use or sale of the invention
Any other form of public disclosure
So, if it’s publicly known, it counts as prior art — no matter where or how it was revealed.
Practical Tip 💡:
Keep your invention confidential until you file your Patent Application.
Even a single public social media post, investor pitch, or exhibition display could destroy its Novelty — and once lost, Novelty can’t be recovered.
Grace Period for Filing a Patent After Public Disclosure
It is worth noting that Malaysia gives inventors a 12-month grace period to file a Patent Application after publicly disclosing their invention.
This means that even if you’ve already shared your idea — say, in a presentation, exhibition, or investor pitch — you still have up to one year to submit your Patent Registration and keep your invention “novel.”
But Be Careful — Not Every Country Offers This!
Many countries apply an absolute novelty rule, which means no public disclosure at all before filing. If your invention becomes public before you file, it immediately loses its novelty, and you won’t be able to patent it in those countries.
So, if you plan to seek international patent protection, such as through the PCT (Patent Cooperation Treaty), you should be extremely cautious.
Practical Tip 💡:
Always file your Patent Application before any public disclosure — including selling, marketing, or demoing your invention.
This gives you full protection both in Malaysia and abroad, and ensures you don’t lose your rights in countries with strict “no-disclosure” rules.
Second Requirement: Inventive Step — Is Your Idea Truly Creative?
Your invention must involve an Inventive Step — meaning it’s not obvious to other experts in your field. It must show a real creative leap beyond what’s already known.
Under Section 15 of the Malaysian Patents Act 1983, an invention has an inventive step if, considering all existing knowledge (the prior art), the invention would not have been obvious to a person having ordinary skill in the art.
What “Inventive Step” Really Means
Think of the Inventive Step as the “aha!” moment behind your idea. It’s not just an improvement — it’s an improvement that wasn’t obvious to professionals already working in that field.
For example:
✅ Adding AI to a medical imaging system to detect rare diseases → Inventive Step, because it introduces new technical insight.
❌ Adding a bigger screen to a phone → Obvious, because any skilled designer could easily think of that.
Don’t Confuse “Inventive Step” With “Easily Copied”
Many people mistake this requirement for whether their invention can be easily copied.
That’s not what it means.
It’s not about whether others can easily copy your invention after seeing it.
It’s about whether other experts, without ever seeing your invention, could have easily come up with the same idea using their existing knowledge. If the answer is yes — then your invention lacks an inventive step.
Third Requirement: Industrial Application — Can Your Invention Be Used in the Real World?
An invention shall be considered industrially applicable if it can be made or used in any kind of industry, as per Section 16 of the Malaysian Patents Act 1983.
In other words, your invention must be practical and usable not just exist as a theory on paper. It must be capable of being:
Produced or manufactured, or
Applied in a real-world technical field, such as:
a) Technology or software
b) Agriculture
c) Engineering and manufacturing
d) Healthcare and medicine
Can You Patent an Idea?
This is a common question — and the answer is “it depends.”
An idea is patentable only when it has been turned into a tangible invention that meets all three patentability requirements: Novelty, Inventive Step, and Industrial Application.
So:
✅ Yes, if your idea has been developed into a working prototype or process that can be used in industry.
❌ No, if it’s still just a vague thought or paper concept with no practical application.
Do You Need to Submit a Prototype for Your Patent Application?
In short, you don’t need to submit a physical prototype when filing a Patent Application.
What you must submit is a patent specification, which includes:
A description of how your invention works
Claims defining what you’re protecting
An abstract summarising the invention
Drawings or diagrams (if applicable)
That written document is what the Patent Office examines — not your physical model.
Even though a prototype isn’t required, building one can be useful for you. It helps you:
Prove your concept actually works
Refine your design before filing
Demonstrate industrial application — that your invention is practical and usable in real life.
Remember, under the Industrial Application requirement, your invention must be something that can function in the real world — not just an idea on paper.
Common Mistake: Disclosing Your Invention Too Early
One of the most common reasons patent applications get rejected is that the inventor publicly discloses the invention before filing.
It’s natural to want to “test the market” first — maybe by showing it to potential customers, partners, or investors.
But that early disclosure can destroy the novelty of your invention, and once lost, it’s gone for good.
How to Protect Yourself Before Disclosure
If you must share your invention before filing:
Sign a Non-Disclosure Agreement (NDA) with the person or company you’re talking to.
Avoid revealing core technical details — especially anything that explains how your invention works.
If signing an NDA isn’t possible, keep your explanation general and don’t reveal your secret sauce.
What Inventions Cannot Be Patented?
Sometimes, even if your invention meets all three patentability requirements, it may still not patentable under Malaysian law.
According to Section 13 of the Malaysian Patents Act 1983, the following categories are excluded from Patent Registration:
1) Discoveries, scientific theories, and mathematical methods
Example: discovering a new planet or a new law of physics — that’s knowledge, not an invention.
2) Plant or animal varieties, or biological processes for producing them
Example: cross-breeding plants or animals using natural methods.
3) Schemes, rules, or methods for doing business, mental acts, or playing games
Example: a new business strategy, accounting method, or card game rule.
4) Methods for medical treatment or diagnosis
Example: a new surgical or therapeutic method used on humans or animals.
(Note: While the treatment methods themselves aren’t patentable, medical devices or pharmaceutical products used in those treatments often can be.)
What This Means for Entrepreneurs and Inventors
Before pouring time, money, and effort into product development, it’s essential to first check whether your invention is patentable. A quick check now can prevent costly mistakes later.
So, before you share your innovation publicly or begin your patent journey, do a simple patent health check:
Is it new?
Is it inventive?
Is it usable in the real world?
If you answered “yes” to all three, you’re on the right path toward patent registration.
If you’re not sure, don’t worry — that’s where professional guidance helps.
💡 Talk to us at IP Gennesis — we’ll help you assess whether your invention meets all three patentability requirements and guide you through every step of the Intellectual Property protection process. Early advice can save you time, money, and unnecessary setbacks later on!
Written by,
Registered Trademark, Patent and Design Agent
LL.B (HONS), CLP
Advocate & Solicitor
Disclaimer
This article is for general reference only and does not constitute legal advice. The information is sourced from the internet and third parties, and while efforts are made to ensure accuracy, no guarantee is given as to its completeness or reliability