Patent – FAQs

A patent is an exclusive right granted by a government to an inventor, giving them the right to prevent others from making, using, selling, or importing their invention without permission for a limited period. In exchange, the inventor publicly discloses the details of the invention.

A patent protects inventions that are new, involve an inventive step, and are industrially applicable. A utility innovation (sometimes called a ‘petty patent’ or ‘utility model’) is a right granted for a minor invention which is new and industrially applicable, it does not need to satisfy the inventive step requirement, making it easier and faster to obtain for incremental innovations.

A patent protects an invention, a new and useful process, machine, or composition of matter, for a limited period (typically 20 years). A trademark protects brand identifiers such as names, logos, and slogans and can be renewed indefinitely. They serve different purposes and can co-exist for the same product.

Pure business methods and software as such are not patentable in Malaysia. However, where the software produces a technical effect or solves a technical problem beyond ordinary computing, it may qualify. Each case turns on how the invention is framed, careful claim drafting is essential to bring the subject matter within patentable scope.

Yes, through trade secret protection, provided reasonable confidentiality measures (NDAs, restricted access, contractual safeguards) are maintained. This is suitable for inventions that are difficult to reverse-engineer, but it offers no protection if a third party independently develops or lawfully discovers the same invention.

A patent for an invention or a certificate for a utility innovation grants exclusive rights to the individual or firm which prevents others from exploiting the patented invention or utility innovation. Under these circumstances, the invention or innovation can only be utilised by other individuals or firms via the licensing and permission of the owner.

Yes. As the patent owner, you can grant licences to third parties, allowing them to use your invention in exchange for royalties or other agreed compensation. Licences can be exclusive (only one licensee), sole (owner and one licensee), or non-exclusive (multiple licensees). Licensing agreements should be documented in writing.

Yes. Patent rights can be assigned (fully transferred) to another person or entity. The assignment must typically be recorded with the relevant patent office to be enforceable against third parties. Unlike a licence, an assignment transfers full ownership of the patent.

Under Malaysian law, inventions made by an employee in the course of employment generally belong to the employer, unless otherwise agreed in writing. For inventions developed outside the scope of employment, or by contractors and consultants, default rules differ, clear contractual provisions on IP ownership at the outset of any engagement are strongly recommended.

Patent and utility innovation protection can be applied to a broad spectrum of inventions, however, the invention itself has to meet certain eligibility requirements. Under the Patents Act 1983, an invention is eligible for patenting if it is new, involves an inventive step, and is industrially applicable. A utility innovation is a right granted for a minor invention which is new and industrially applicable.

A utility innovation is not required to satisfy the test of inventiveness as it is required of a patent. In practice, protection for utility innovations are typically sought for innovations of an incremental nature that might not satisfy the criterion for patents, for example, the ability to demonstrate an inventive step.

Certain subject matter is excluded from patentability. Common exclusions include discoveries, scientific theories or mathematical methods; aesthetic creations; schemes, rules, or methods for mental acts or doing business; the presentation of information; and inventions that are contrary to public order or morality. Biological processes for the production of plants or animals may also be excluded depending on jurisdiction.

The term of protection for a patent in Malaysia is 20 years. This begins from the date of filing. A utility innovation is protected for a period of 10 + 5 + 5 years from the date of filing subject to use.

No. Patent rights are territorial, a patent granted in one country does not provide protection in another. To obtain protection in multiple countries, you can file separately in each jurisdiction or use international filing systems such as the Patent Cooperation Treaty (PCT), which allows a single international application to be filed and later entered into national phases in designated countries.

Late payment is allowed within a grace period with a surcharge. Failure to renew within the grace period results in lapse of the patent, and the invention falls into the public domain. A reinstatement process is available in limited circumstances where the lapse was unintentional and reasonable care was taken, but it is discretionary and not guaranteed.

The priority date is the date of your first patent filing. Under the Paris Convention, you can file in other member countries within 12 months of that first filing and claim priority back to the original filing date. This is important because it prevents later-filed applications by others from being used as prior art against your application.

After filing, the patent office examines the application for formality requirements and then conducts a substantive examination to assess novelty, inventive step, and industrial applicability. The office may issue office actions requesting clarifications or amendments. Once the application is approved, it is published and the patent is granted. The process typically takes several years.

Yes. A prior art search across patent databases such as Espacenet, WIPO PATENTSCOPE, and MyIPO records helps assess novelty and inventive step, refine your claims, and avoid wasted expenditure on inventions that lack patentability. A short pre-filing search is a small fraction of the cost of a granted patent and can save the entire prosecution budget on an unpatentable concept.

Public disclosure before filing generally destroys novelty and may bar patentability. Malaysia provides a limited twelve-month grace period for certain disclosures, but most other jurisdictions are stricter and may treat any prior public disclosure as fatal. The safest practice is to file before any public disclosure, or to use a strict NDA where pre-filing discussions are unavoidable.

In Malaysia, you must request substantive examination within eighteen months of filing (or within five years for modified substantive examination). MyIPO then examines novelty, inventive step, and industrial applicability, and may issue an examination report requiring a response. The overall process from filing to grant typically takes three to five years, depending on complexity and the number of office actions.

Costs comprise official MyIPO fees, professional drafting fees, substantive examination fees, grant fees, and translation costs where applicable. Total expenditure varies with the complexity of the invention and the scope of claims, but applicants should budget for staged costs across filing, examination, grant, and annual renewals (from year 2 onwards) over the 20-year patent lifecycle.

First, confirm the infringement by comparing the infringing product or process against your patent claims. Consider sending a cease-and-desist letter. If infringement continues, you may pursue civil litigation seeking an injunction to stop the infringing activity and damages or an account of profits. Consult a patent attorney, patent litigation is technically complex and specialised legal advice is essential.

A defendant in patent infringement proceedings, or any interested party, can challenge the validity of a patent by arguing it should never have been granted, for example because the invention was not novel or lacked an inventive step. If successful, the patent is revoked and the owner loses all rights under it. This is a common defence strategy in patent disputes.