|
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.
|