Patent registration is necessary in Malaysia to protect the rights of inventors and encourage innovation. Registering a patent grants exclusive rights to the inventor to produce, sell, or license their invention for a specific period. This helps prevent others from using or copying the invention without permission, which can result in financial losses and damage to the inventor’s reputation.This article aims to provide a comprehensive guide to patent registration in Malaysia, including what can be registered, reasons for refusal, the registration process, required documents, opposition process, costs, and benefits of registering a patent.
Contents
1. What can be registered as a patent in Malaysia?
2. What reasons for refusal of a patent application exist in Malaysia?
3. The process of patent registration in Malaysia
4. Documents required for the patent registration in Malaysia
5. Patent opposition process in Malaysia
7. Why file a patent in Malaysia?
1. What can be registered as a patent in Malaysia?
According to Malaysian law, any new invention that involves an inventive step and is capable of industrial application can be registered as a patent. This includes products, processes, machines, and even software. However, the invention must not be obvious or publicly known before the filing date of the patent application.
2. What reasons for refusal of a patent application exist in Malaysia?
There are several grounds for refusing a patent application in Malaysia. These include:
– The invention is not new or involves no inventive steps.
– The invention is not capable of industrial application.
– The invention is contrary to public order or morality.
– The invention is not disclosed sufficiently in the application.
3. The process of patent registration in Malaysia
The patent registration process in Malaysia involves the following steps:
Step 1: Filing the application
The applicant must file a patent application with the Malaysian Intellectual Property Office (MyIPO). The application must include a detailed description of the invention, its technical specifications, and the applicant’s details.
Step 2: Formal Examination
MyIPO examines the application to ensure it complies with the legal requirements. If there are any objections or deficiencies, MyIPO will issue an office action requesting clarification or amendment.
Step 3: Publication
If the application passes examination, it will be published in the Patents Journal.
Step 4: Substantive Examination
During the examination of the application, the authority determines whether the application meets the criteria for patentability. Throughout this examination process, the authority may request additional materials from the applicant, without which conducting the examination or making a decision on patent issuance would be impossible.
Step 5: Registration
When a positive decision is reached based on the results of the examination, a patent is issued, and the information is also entered into the Registry.
4. Documents required for the patent registration in Malaysia
The following documents are required for patent registration in Malaysia:
- A patent specification that includes a description, claims, and drawings of the invention.
- A declaration stating that the applicant is the true inventor or has the right to apply for the patent.
- A power of attorney signed by the applicant or their authorized representative.
- A priority document if claiming priority from an earlier application.
5. Patent opposition process in Malaysia
If a third party opposes the patent registration, they must file a notice of opposition with MyIPO within 3 months from the publication date. The opposition must include the grounds for objection and any evidence supporting them. The applicant has 2 months to respond to the opposition. If the opposition is successful, the patent application will be refused. If it fails, the patent will be registered. Read also about required documents for patent registration in the Republic of Korea.
6. Patent costs in Malaysia
Filing stage:
| Professional fee | $300 |
| Government fee | $75 |
Examination stage:
| Professional fee | $200 |
| Government fee | $290 |
| Professional fee | $250 |
The patent registration cost in Malaysia via the iPNOTE platform starts from as low as $1,115, which includes all government fees as well as document preparation. Find the best patent agent in Malaysia on iPNOTE.
7. Why file a patent in Malaysia?
Registering a patent in Malaysia offers several benefits, including:
– Legal protection: A registered patent provides legal protection against infringement and counterfeiting.
– Commercial opportunities: A patent can be licensed or sold for commercial purposes, generating revenue for the inventor.
– Competitive advantage: A patent gives a competitive advantage by preventing others from using or copying the invention.
– Innovation: Patents encourage innovation by rewarding inventors for their efforts.
8. Final thoughts
Patent registration is an essential step in protecting a product or invention’s intellectual property rights. In Malaysia, the process involves filing an application, examination, publication, opposition, and registration. The cost of registration depends on several factors, and the benefits include legal protection, commercial opportunities, competitive advantage, and innovation. By following the legal requirements and procedures, inventors can ensure their patents are registered and protected in Malaysia.
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