The Basics of Patent in Malaysia

Introduction:

In today’s fast-paced global market, protecting intellectual property has become paramount for businesses seeking to stay competitive. One crucial aspect of this protection is obtaining a patent. This article will delve into the essentials of patenting in Malaysia, covering what a patent is, why filing one is essential and what can be patented.

 

Understanding Patents:

What is a Patent?

A patent is a legal document granted by the government that gives inventors exclusive rights to their inventions for a specified period. In Malaysia, the Intellectual Property Corporation of Malaysia (MyIPO) oversees the granting of patents.

Duration of a Patent

20 years from the date of patent filing.

 

Why File a Patent?

Protection Against Imitation (COPYCAT):

Filing a patent safeguards your ideas, preventing others from making, using, selling, or importing your invention without your consent.

Monetary Value:

A patent can be a valuable asset, enabling you to license, sell, or even use it for fundraising, thereby generating revenue for your business.

Boosting Credibility:

Holding a patent demonstrates to investors, partners, and customers that your ideal or business is unique, innovative, and committed.

What can be patented?

In order to obtain a patent for one of your creations, it must first meet the legal criteria for being classified as an “invention”.  By definition, an “invention” is simply an idea from an inventor that, when put into practice, solves a specific technological problem.

 

Examples of invention:

  • Products: Devices, Machines, Apparatus, Electronics and Manufactured articles.
  • Processes: Manufacturing methods, chemical processes, and unique techniques.
  • Compositions of Matter: Chemical compounds, compositions, or formulations.
  • Improvements or Modifications: Enhancements to existing inventions.

 

Patentability Requirements:

  • Novelty: For an invention to be patentable, it must be new and not publicly disclosed.
  • Inventive Step: The solution of the invention should offer enhancements that are not obvious to someone who’s an expert in that area.
  • Industrial Applicability: The invention must have practical application and be capable of being made or used in an industry.

Now that you’ve got a good handle on the basics of patents, let’s explore the important role of a patent agent. Follow the link below to learn more about how they make a difference.

Link: Understanding the Vital Role of a Patent Agent

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Understanding the Vital Role of a Patent Agent

The role of a Patent Agent

A patent agent plays a pivotal role in the process of obtaining a patent. They are trained professionals with expertise in patent law and technical fields. Their primary responsibility is to assist inventors and businesses in preparing and filing patent applications.

Here are some key contributions a patent agent provides:

Expertise in Patent Law: Patent agents possess an in-depth understanding of patent laws and regulations. This knowledge ensures that patent applications meet the legal requirements set forth by authorities.

Technical Understanding: They are adept at translating complex technical information into a format suitable for patent applications. This is crucial in accurately and comprehensively describing the invention.

Patent Drafting: Patent agents are skilled in drafting the patent application, ensuring that all necessary information is included. This includes detailed descriptions, claims, and any required technical drawings.

Navigating Office Actions: In the event that the patent office raises concerns or objections, a patent agent is equipped to address these issues effectively. They can provide well-informed responses to ensure the best chances of patent approval.

Maximizing Patent Protection: A patent agent strives to secure the broadest protection possible for the invention. This involves crafting claims and descriptions that cover all relevant aspects, safeguarding the innovation from potential infringement.

Efficiency in the Process: With their expertise, a patent agent streamlines the application process, minimizing the risk of errors or omissions. This ultimately saves time and resources for the inventor.

Strategic Advice: Beyond the filing process, a patent agent can offer strategic guidance on how to leverage and protect intellectual property assets. This may include considerations for licensing, selling, or enforcing patents.

Engaging a patent agent not only saves valuable time and resources by streamlining the application process and reducing the likelihood of errors, but it also allows you to focus on what you do best – innovating. With their expertise, your patent application’s chances of approval significantly increase, ensuring your invention’s protection. Furthermore, securing a patent opens doors to exciting possibilities, from profitable licensing agreements to valuable partnerships and potential investors who recognize the value of your groundbreaking idea.

Now that we’ve covered the significance of a patent agent, the next step is exploring the costs tied to the patent process in Malaysia. Follow the link below for an overview of the patenting costs.

Link: Understanding the Vital Role of a Patent Agent

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Patent Costs in Malaysia

The Costs of obtaining a Patent in Malaysia:

If you’re looking to protect your invention in Malaysia, it’s important to understand the costs involved. This guide will break down the expenses you can expect when getting a patent in Malaysia, from the initial search to the annual renewals.

  1. Patentability Search:

Before filing for a patent, a patentability search is conducted to ensure that the invention satisfies the patentability requirements as discussed above and not already part of the public domain. The cost of this search can range from RM1,000 to RM3,000, depending on the complexity of the invention and the depth of the search required.

  1. Patent Specification Drafting:

A well-drafted patent specification is the cornerstone of a successful patent application. The cost of drafting a patent specification in Malaysia typically ranges from RM5,000 to RM10,000. This cost varies based on the complexity of the invention and the level of detail required in the specification.

  1. Filing and Examination:

Once the patent specification is prepared, the next step is filing the application with the Intellectual Property Corporation of Malaysia (MyIPO). This process includes examination fees and typically amounts to around RM4,000.

  1. Responding to Office Actions:

In some cases, the MyIPO may issue office actions, which are requests for additional information or clarification regarding the patent application. Responding to these actions can incur additional costs, ranging from RM600 to RM3,000, depending on the complexity of the objections raised.

  1. Renewal Fees:

After the patent is granted, it can last for a maximum period of 20 years. It’s important to keep it in force by paying annual renewal fees. The renewal fees start at approximately RM600 in the 1st year and gradually increase each year, reaching almost RM3,000 in the 20th year.

To sum up, getting a patent in Malaysia involves several steps, each with its own costs. From the initial search to make sure your invention is unique, to the fees for filing and reviewing your application, there are financial considerations along the way. It’s also important to remember the yearly renewal fees to keep your patent active. This guide aims to provide clarity on these costs, so you can approach the process with confidence.

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