2 types of Patents in Malaysia :
A Patent is defined as an exclusive right granted by the government to the owner of an invention. They include intangible creations of human intellect that may relate to a process as a new way of doing something, that offers new technical solution to a problem, an idea of an inventor which permits, in practice, the solution to a specific problem in the field of technology.
2. Utility Patent (UI)
A UI is a little-known sibling to Patents. It is an exclusive right granted for a “minor” improvement which does not need to satisfy the inventiveness as required of a patent. Novelty requirements for UI are the same as patents.
The Legal Protection and Requirements it entails for Patentable Inventions
Generally, to qualify for a Patent, the invention must satisfy the following requirements:
- It must be new (novel);
- It involves an inventive step;
- It is capable of industrial application.
It is obvious as stated in the Malaysian Patents Act 1983 (Section 14, (2)(a)), that an invention should not have been disclosed to the public, anywhere in the world, by written publication, oral disclosure, or use in any way before the Patent application is filed.
Exception to loss of novelty :
In most cases, Patent that had been disclosed is still eligible for a grace period of 12 months for a Patent application.
The invention that are subjected from the following are non-patentable:
- Discoveries, scientific theories, and mathematical methods.
- Plant or animal varieties or essentially biological process 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, and
- Claims on methods for the treatment of human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body.
Patent Search – The service we offer
Patent Searches provide an access to Patent Databases which contain a huge volume of technology documents, in the form of patent descriptions and drawings. It is a highly effective tools in obtaining answers to specific technical questions.
By conducting Patent search, we are able to facilitate you in terms of :
- Relevant prior art – existing technology with features, which may be similar to your invention
- Identify the differences between your invention over the prior art
- General view/opinion on the patentability of your invention
- Comprehensive technical review based on your invention.
Exy IP has the capability to access the Patent database resources for more than 65 countries. The Patent Search services that we offered include :
- Equivalent Patent Search
- Prior Art (Patentability / Novelty) Search
- Infringement Search (Freedom to Operate Search)
- Validity Search
- Patent File Search
- Competitor / Third-Party Search
Market relevance is the key to commercialization
Within the exclusive rights granted to Patented IP, there are ways to derive revenue from IP, each of which requires a special set of skills and abilities. At Exy IP, we’ve helped thousands of inventors to determine the best avenues to commercialize their IP. If you’re an inventor who is interested to file Patent protection but hasn’t a clue where to start, we’re here to help.
It is not easy to guarantee an inventor may be able to make money from their inventions. Only a few may end up showing the significant value of their inventions. For patent, it must be broad enough in scope to :
- cover a commercially valuable product or process, and
- prevent others from doing something similar without practicing the claim of the patent.
Can a Patent be Infringed?
For Patents that have value, of course, there will be people who look forward to benefiting from the opportunity. The owner of a registered Patent has the right to exclude others from making, selling, offering to sell, using, or importing the invention as described in the Patent claims. The Patent owner has the right to institute infringement proceedings against any person who has infringed or is infringing the Patent. But first, Patent owner needs to determine the third party who might have infringed their invention.
With an eye on the overarching IP strategy, we may offer a hand to assist our client in every stretch of their intellectual property to help the Patent owner that currently facing invalidity claims, infringement, or claim the invalidation.
We provide full consultation as well as drafting, filing and prosecuting Patent applications on the client’s behalf. Our experts always have their feet ready to help our clients at ease by providing comprehensive advice related to Patent infringement, patentability, prior art searches, mitigating the involved risks, options of monetization and many more.
This article is brought to you by Exy Intellectual Property Sdn Bhd.