Quality Oracle

Patent

Patent Protection & Registration
In Malaysia, ASEAN & Worldwide

Safeguard Your Inventions With Quality Oracle

Table Of Contents
  1. What is a Patent?
  2. Paris Convention
  3. Patent Cooperation Treaty
  4. Patents Act 1983 & Patents Regulations 1986
  5. How Can We Help You Secure Your Patent & Utility Innovations?
  6. Patent Application Procedure In Malaysia
  7. Patent Protection & Registration FAQ
  8. Resources

What is a Patent?

Patent and certificate for a utility innovation protect inventions that create new products or processes, offer advanced technical solutions to a problem, or whose improvement builds upon a known product or process.

Paris Convention

Intellectual Property Trademark Patent Industrial Design Copyright Malaysia Singapore Registration Application

Malaysia is a member state of the Paris Convention. An application for a Malaysian Patent may rely on a foreign priority if it is filed within twelve months from the foreign priority date in another member state of the Paris Convention.

Learn About Paris Convention

Patent Cooperation Treaty

Intellectual Property Trademark Madrid System Protocol

Malaysia acceded to the Patent Cooperation Treaty as of 16th May 2006 and the Treaty effectively came into force nationally on the 16th August 2006. A PCT application undergoes an evaluation according to a set of rules and regulations governed by WIPO and in agreement with 153 PCT member countries. Therefore, an application is equivalent to filing national applications in each designated countries. The PCT is beneficial for applicants seeking to protect their inventions internationally.

Learn About Patent Cooperation Treaty

Patents Act 1983 & Patents Regulations 1986

Intellectual Property Trademark Patent Industrial Design Copyright Malaysia Singapore Registration Application

The patent and utility innovation system in Malaysia is governed by the Patents Act 1983 and the Patents Regulations 1986.

How Can We Help You Secure
Your Patent & Utility Innovations?

Our team of Intellectual Property professionals handle and oversee a full range of matters relating to Patent and Utility Innovation Protection. We can assist you with:

✔ Patent Searches
✔ Patent Drafting
✔ Patent Licensing
✔ Patent Portfolio Management
✔ Patent Renewal
✔ Patent Sale & Transfer
✔ Patent Registration In Malaysia, ASEAN & Worldwide

Patent Application Procedure In Malaysia

Are there differences in application for Patent and Utility Innovation?

The procedure for an application for a patent for an invention and a certificate for a utility innovation are the same, bar the number of claims permissible.

What are the number of claims allowed?

Unlike a regular patent, whereby the application for more than one claim can be made, in the case of a utility innovation only one claim is allowed.

Can the owner be granted both a Patent and Utility Innovation?

It is not possible for an applicant to be granted both a Patent and a certificate for a Utility Innovation for the same invention. However, it is possible to convert an application for a Patent into an application for a Utility Innovation and vice versa.

Patent Protection & Registration FAQ

What Exclusive Rights do I have to the Registered Patent and/or Utility Innovation?

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.

What is the Eligibility for Patent and Utility Innovations?

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 a right granted for a minor invention which is new and industrially applicable.

Are there Differences in Eligibility for Patent and Utility Innovations?

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.

What is the Term of Protection for Patents and Utility Innovations?

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 10 + 5 + 5 years from the date of filing subject to use.

Enquire About Patent and Utility Innovation Protection Today

Resources

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