In today’s competitive business landscape, intellectual property protection is essential for businesses that are focused on innovation. Patents are essential for protecting inventions and giving their inventors exclusive rights. Malaysia is a developing center for research and development and has a strong system for patent registration.
Filing a patent application in Malaysia gives innovators complete control over their creations, enabling them to prevent unauthorized production, use, or sale of their protected technology. This fosters economic development, and encourages innovation, by rewarding innovators for their achievements.
This article will examine the procedure for patent registration in Malaysia, the documents required for filing a patent, and the advantages of patent protection.
What is a Patent?
Patents are usually special rights provided by the government so that proprietors of innovation can obtain exclusive monopolistic control over their new creations in return for complete public disclosure of the inventor’s innovation.
Patent registration in Malaysia gives the creator the legal defense they need to forbid others from making use of or commercializing their innovation without their permission for a set amount of time.
Are you an investor looking to set up a business in Malaysia? Read our blog to know the complete procedure.
What Conditions Must an Invention Meet to Be Patentable?
The following conditions must be met by the innovation to be eligible for a patent:
● Novel: It is novel, meaning that it hasn’t been predicted by any preceding art, technology, or knowledge.
● Inventive step: It is not apparent to someone with average artistic skill.
● Industrial application: It can be produced or utilized in any industry.
● It cannot be expressly prohibited by the Act.
What innovations cannot be patented?
Innovations that cannot be patented include:
- Discoveries, theories of science, and mathematical techniques.
- Plans, guidelines, or techniques for conducting business, engaging in purely mental activities, or engaging in games
- Types of plants or animals, or more specifically, biological procedures used to produce plants or animals.
- Techniques used in surgery or therapy for treating the human or animal body, as well as techniques used to diagnose the human or animal body.
Procedure for Patent Registration in Malaysia
You can proceed with filing a patent application in Malaysia with the Intellectual Property Corporation of Malaysia (also known as “MyIPO”).
Here are the steps that must be adhered to for patent registration in Malaysia:
Perform a patent search
Firstly, you must perform a patent search to assess your innovation with those already been received or for those that have been applied for. This will make it easier for you to determine the chances of you being successful in obtaining a patent.
Produce a patent specification
The following step entails creating a patent specification containing the necessary materials, including a thorough description, claims, and drawings (if necessary). The specification comprises the inventor’s assertions as well as the details of the innovation.
Filing a patent application in Malaysia
You must begin the patent registration procedure by filing a patent application in Malaysia with MyIPO. Comprehensive information about the invention should be included in the application.
Formality Examination
MyIPO performs a formality check to make sure the application complies with all standards and that all supporting documentation is in place. If there is any shortfall regarding the formality requirements then the person submitting the request will have three months to make any necessary amendments to the application.
Substantive Examination
After the formalities are completed, the application proceeds through a substantive review to determine the innovation’s patentability, covering its uniqueness, inventiveness, and industrial applicability. Within eighteen months after the initial filing, an application for the substantive examination must be submitted.
Examination Report
Any concerns or problems identified throughout the testing process are described in full in the examination report issued by MyIPO. The applicant must reply to the report that has been received, resolving any issues noted, within the allotted time frame.
Certificate of Grant issued
MyIPO issues a patent certificate and issues the patent if all challenges are overcome and the creator satisfies the requirements for patentability.
Published in the Official Gazette
The specifics of the innovation are made public when the issued patent is published in the Official Gazette.
Documentation necessary for filing a patent application in Malaysia
The paperwork required for filing a patent application in Malaysia includes:
- Description of the patent: A complete description of the invention, together with claims, and drawings (if appropriate).
- Abstract of the Invention: A succinct description of the technical specifications of the invention.
- Priority Document (if any): The Registrar may ask for a verified copy of the priority document.
- Power of Attorney (if any): A Power of Attorney (POA) that has been simply signed and original may be presented at the official assessment, which takes place about one month after the application is filed.
- Details of the applicant: Complete information about the applicant and the inventor(s).
- Assignment Deed: If the person applying is not the inventor, then a notarized deed of assignment is required.
International Patent Protection in Malaysia
Patent Cooperation Treaty (PCT)
Malaysia is a signatory to the Patent Cooperation Treaty. An international patent application, or PCT application, can be submitted under the Patent Cooperation Treaty, giving innovators access to a streamlined and centralized procedure for obtaining patent protection in several nations, particularly Malaysia.
Paris Convention
Malaysia is also a signatory to the Paris Convention. According to this agreement, if you’ve submitted a patent application in your native jurisdiction within a year of initial submission, you can submit a corresponding application in Malaysia and claim priority.
Advantages of filing a patent application in Malaysia
Patent registration in Malaysia is essential for inventors and corporations as it grants exclusive rights over their ideas. It promotes innovation and corporate expansion by providing legal security, preventing infringement, facilitating commercialization, and strengthening the capacity to uphold rights.
Here are the advantages of patent registration in Malaysia:
Exclusive Rights
Protection through patents gives innovators the sole right to utilize and commercialize their inventions, giving them authority over the application of their technologies. This monopoly makes it possible for innovators to profit from their creations.
Lawful Protection
Legal justice is provided by patent protection if an invention is used unlawfully or infringed. It permits innovators to file a lawsuit and seek redress from infringers, including restraining orders and financial penalties.
Chances for Commercialization
Patents have the potential to be powerful resources that draw funding and collaboration. They give inventors a competitive advantage and create possibilities for licensing deals, partnership chances, or technology transfer prospects.
What Constitutes Patent Infringement?
When someone violates the exclusive rights of the patent holder without that holder’s permission, it is called a patent infringement.
Patent owners have the right to sue infringers who violate their intellectual property. This brings a legal action to obtain compensation and uphold their exclusivity rights.
Injunctive relief to cease the infringing activity, monetary compensation for losses incurred, and an accounting of profits made by the infringer via unauthorized use of the copyrighted innovation are all available as remedies for patent infringement.
Conclusion
Patent registration in Malaysia is a solid legal framework to safeguard their creations and profit from their innovation. It gives inventors exclusive rights over their innovations and offers protection from the law, business prospects, and incentives for creativity. Inventors can safeguard their ideas and support the expansion and improvement of Malaysia’s economy by comprehending the law governing patents and taking advantage of its advantages.