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. Patents are governed by the Patents Act 1983 and the Patents Regulations 1986 in Malaysia.
With patent rights, the owner is granted the exclusive right to stop others from manufacturing, using and/ or selling the owner’s invention in a particular jurisdiction without the owner’s consent or permission.
For a patent to be granted, it must fulfil the following:

Novel

The invention is new in the industry – it has not been publicly disclosed in any form whether by written or oral disclosure or by use or any possible method which allows the public or anyone to understand the invention anywhere in the world;

Inventive Step

The invention must not be obvious to someone with knowledge and experience in the technological field of the invention.

Industrially Applicable

The invention needs to be industrially applicable and used for mass production consistently.
A patent is protected 20 (twenty) years from the date of filing. The patent renewal process must be conducted every year.
Reach out to us if you’d like to learn how to patent a product in Malaysia.

Patent and Utility Innovation Registration

Utility innovation is similar to Patenting.  The rights conferred to the innovator are only for incremental improvements that the innovator has performed on an existing product or process. The innovator may operate the incremental innovation with the exclusive right conferred by prohibiting others from exploiting the same without prior consent.
According to Malaysia intellectual property law, the scope of protection and initial duration for Utility Innovation are much narrower as compared to a Patent. However, the requirements for Utility Innovation registration are more lenient as compared to a Patent.
A Utility Innovation is an exclusive right granted for a “minor” invention which does not require satisfaction of the test of inventiveness as required for a Patent. However, the novelty requirements for a Utility Innovation are the same as for Patents.
The term of protection for Patents is 20 years from the date of filing. The term of protection for Utility Innovations is 10 years from date of filing and can be extended for two more terms of five years – 5 + 5 years, subject to use of the invention as claimed in the Utility Innovation Registration.

Here is how to patent a product in Malaysia:

Patent Flowchart
Book Appointment