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Malaysia patent application is governed by the Patent Act 1983 which came into force on October 1, 1986. 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. Malaysia adopts a first-to-file system with novelty generally assessed on an absolute basis.
Patentable Inventions
(1) New, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
(2) 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
(3) Industrially applicable, meaning it can be mass produced.
Condition on Applicant
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.
Minimum Filing Requirements
The minimum requirements for securing a filing date (and priority date) of a Malaysian patent application are:
(1) the name and address of the applicant;
(2) the name and address of the inventor;
(3) a specification compring a description, claims and any necessary drawings; and
(4) the country and filing date of any earlier application whose priority is claimed.
General Registration Process
(1) File the application;
(2) Obtain the date of filing issued;
(3) Preliminary examination;
(4) Applications laid open for public inspection (18 months from priority date or filing date);
(5) Request for substantive or modified substantive examination;
(6) Substantive examination;
(7) Certificate of grant issued;
(8) Gazette.
Duration of A Patent
A patent is protected 20 years from the date of filing.
A utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.
Importance of Patent Registration
(1)To exploit the patented invention;
(2)To assign or transmit the patent;
(3)To conclude license contracts.
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