March 2, 2026in Article

Utility Innovation in Malaysia: A Guide to Protecting “Minor” Inventions

A common misconception among business owners and SMEs is that intellectual property protection is reserved for ground-breaking or high-tech scientific discoveries.

Although “Big” invention is often worth protecting, as a Patent Agent, we observe that the vast majority of commercial success arises not from reinventing the wheel, but from making the wheel run smoother, faster, or cheaper.

Fortunately, the Malaysian Patent Office offers a cost-effective alternative for these “Minor” inventions: the Utility Innovation.

What is Utility Innovation?

A Utility Innovation is an exclusive right granted for a “minor” invention. It is specifically designed to protect innovations that may not meet the strict requirements of a standard patent.

To qualify for a Utility Innovation protection in Malaysia, your invention must meet only two criteria:

  1. Novelty: The invention must be new worldwidely (not disclosed to the public anywhere in the world).
  2. Industrial Application: The invention must be capable of being made or used in an industry.

How is Utility Innovation Different from a Patent?

Choosing between a Patent and a Utility Innovation is a strategic decision. While both grant exclusive rights to the owner, there are three main differences between them:

  1. The “Inventive Step” Requirement

This is the primary difference.

  • Standard Patent: Requires an “inventive step.” You must prove the invention represents a significant technological advancement that is not obvious to a person skilled in the field.
  • Utility Innovation: No inventive step is required. This lowers the barrier to entry, making it the ideal choice for minor improvement on products or processes.
  1. The Scope of Claims

“Claims” are the legal descriptions that define the boundaries of your protection.

  • Standard Patent: Can include multiple claims, allowing for broad protection covering various aspects and variations of the invention.
  • Utility Innovation: Restricted to one single claim. You therefore must identify and claim the single most important feature of your invention. This requires precise drafting by a Patent Attorney or Agent to ensure the gist of the invention is covered.
  1. Duration and Renewal Requirements

Both protections can last up to 20 years, but the maintenance process differs slightly.

  • Standard Patent: Protected for 20 years from the filing date.
  • Utility Innovation: Granted for an initial 10-year term. It can be extended for two additional 5-year terms (Total: 10 + 5 + 5 = 20 years).

Conclusion

Do not leave your intellectual property exposed to competitors simply because it is a “minor” improvement. The Utility Innovation exists to reward practical and yet simple problem-solving inventions and is a powerful tool for creating a barrier to entry and preventing competitors from eroding your market share.

Link: The Basics of Patent in Malaysia

Link: Understanding the Vital Role of a Patent Agent

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February 26, 2026in Article

A Guide to Executing Patents Form 17: Who Can Sign for Your Company?

Recently, we have noticed a sudden “hiccup” in what used to be a straightforward administrative step. At the heart of this is Patents Form 17, and the Registrar of Malaysia Patent Office (MyIPO) has recently decided to put the signatory’s designation under a much stricter rule.

For any applicant engaging a patent agent, Patents Form 17 is a formal document used to appoint or change a patent agent. It allows the appointed patent agent to file documents, receive official correspondence, and represent the applicant’s interests before the Registrar. Without a validly executed Patent Form 17, the patent agent has no legal “standing” in the perspective of the patent office.

 

What’s Changed?

Historically, the Registrar was relatively relaxed about who signed the Patents Form 17 on behalf of a company. As long as the person held a recognizable position within the organization—be it a Project Manager, a Senior Technician, or an Executive—the form was generally accepted without question.

However, the patent office has recently moved toward a much stricter interpretation of authorized signatories. This shift has led to a surge in objections during the Preliminary examination stage, causing unnecessary delays and increasing costs for applicants.

The New Hierarchy of Authority

To avoid a rejection, we now have to categorize signatories into two distinct groups:

  1. The “Automatic Authority” Group

If the person signing the Patent Form holds a High-level position, the Registrar generally accepts the signature without further proof. This group includes:

  • Directors
  • Chief Executive Officers (CEO)
  • General Managers
  • Head of Legal
  1. The “Non-automatic Authority” Group

If the signatory holds any other position within the company, the Registrar now requires evidence that they are actually authorized to sign on behalf of the company. For such individuals, the Form 17 must be accompanied by a supporting document, such as:

  • A Letter of Authorisation
  • A Power of Attorney
  • Other official corporate proof of authority

 

The Cost of Non-Compliance

Failing to provide these supporting documents for the Non-automatic Authority Group will almost certainly lead to an objection at the Preliminary Examination stage. This doesn’t just stall your application; it also creates:

  • Official Delays: Your application cannot proceed until the defect is rectified.
  • Increased Expenses: You will likely face additional agent costs to draft, prepare, and file the necessary authorizations to overcome the Registrar’s objection.

 

Moving Forward

To ensure your application transitions smoothly during the patent prosecution, we recommend identifying personals which fall under the Automatic Authority Group to sign the Patents Form 17 at the point of filing.

 

Link: Understanding the Vital Role of a Patent Agent

Link: Patent Costs in Malaysia

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October 2, 2023in Article

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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L & S Intellectual Property Firm specializes in all aspects of IP matters, including Patent, Trademark, Industrial Design, and Copyright. Our diligent team manages a diverse portfolio of clients, both local and international, extending across the dynamic ASEAN regions. Our unwavering commitment lies in delivering top-notch IP solutions with a steadfast focus on client satisfaction.

Join us today to transform your ideal aspirations into intellectual property which can be owned by you or the company.

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