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For professional help regarding patent, you can contact:


 

Lawrence Ho (M) Sdn Bhd

Suite 8.02, 8th Floor, Plaza First Nationawide,

Jalan Tun H.S. Lee, 50000,

Kuala Lumpur, Malaysia


Tel  : 603-2072 5789
Fax : 603-2072 9789

Email: info@patents.com.my

 

 

What Is Patent?

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.

 

What Is Utility Innovation?

A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required of a patent.

 

Who May Apply?

Any person may make an application for a patent or for a utility innovation either alone or jointly with another. The word "person" is not limited to natural persons and thus also includes, for example, a company

 

How can a patent or utility innovation be protected?

An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess whether it meets the requirements of Patents Act 1983.

 

Why Protect An Invention?

A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner's invention in Malaysia without the owner's consent or permission..

 

Term of protection

A patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.

 

 

National Security (Section 23A  and  62A )

For reasons of national interest and security, any  Malaysian resident wishing to apply for a patent or certificate protection outside Malaysia must first seek written authority from the Registrar.    However,  written authority is not required if a corresponding Malaysian patent/certificate has been applied for,  and  a period of at least 2 months has elapsed since filing. 

Section 62A  :     Contravention of  Section 23A is an offence and is liable on conviction to a fine not exceeding  fifteen thousand ringgit   or  to imprisonment  for a term not exceeding two years or to both.

 

Non-Patentable Inventions

  • Discoveries, scientific theories and mathematical methods;

  • Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro-organism processes;

  • Schemes, rules or methods for doing business, performing purely mental acts or playing games;

  • Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.

Patentable Inventions

For a patent to be granted an  invention must :

  • Be new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;

  • Involves 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

  • Be industrially applicable, meaning it can be mass produced.

 
 

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