Protect Your Invention with Patent Registration in Malaysia
Patent Rights & Protection
Whether you’ve crafted a groundbreaking prescription medication or harnessed renewable energy sources, remarkable innovations have the power to drive transformative change across various aspects of our lives. If you’ve developed something innovative with commercial potential, you definitely should consider safeguarding it through patent registration in Malaysia.
In Malaysia, the patent application involves a rigorous assessment of your invention’s novelty, uniqueness, inventiveness, and industrial applicability. This process protects all your innovations, encompassing products or methods that fulfil all the criteria for patentability.
Submitting a patent application establishes a legal shield against potential encroachments by others, granting you the exclusive privilege to commercialize and leverage your invention. This safeguard is paramount in today’s fiercely competitive business landscape, where enterprises continually seek an advantage.
Patent registration shields your invention and elevates your company’s standing as an inventive and competitive participant in your industry. Investing in product research and development while securing patents showcases your commitment to generating innovative and valuable products or services.
Our services include:
- Patent drafting
- Prior art (Patentability / Novelty) searches and market investigations
- Freedom to Operate searches
- General advice regarding patent filing strategies
- Preparing, filing and prosecuting Malaysian and/or international patent application
- Facilitating the registration of patent in other jurisdictions
- Patent watches to identify competitors’ application and registration
- Managing maintenance and renewal of granted patent
- Advising on infringement and invalidation of granted patent
- Negotiating amicable settlement and drafting co-existence agreement
- Negotiating and drafting license and/or assignment agreement
- Conducting patent due diligence and portfolio management
- Patent valuation
Our services include:
As an accomplished and certified Malaysian Patent Agent, we are dedicated to offering invaluable guidance in formulating a strong patent strategy that bolsters your business growth.
If you possess a patent, you can prevent others from employing your idea for commercial purposes like manufacturing or selling for 20 years. This importance allows you to prohibit anyone from using your patent invention without your explicit consent. Without a valid patent, you forfeit the legal legitimacy to participate in any undertakings, especially those associated with advancing, promoting, and bringing your groundbreaking patented creation to market. Contact us now for our intellectual property protection and patent registration services for your unique inventions!
Patent FAQs
A patent can provide you with an exclusive rights over the invention, and a competitive advantage as you will be the only person allowed to make, use, sell or import your invention before the expiry of the patent duration. If the inventor does not obtain patent rights for his invention and introduces his product or process based on his invention in the market, anybody can easily copy his invention and exploit it commercially.
Alternatively, a patent can provide an income or commercial profits if you license or sell the rights to make, use, sell or import your invention.
Further, consumers are often impressed by 'Patented Technology', so patenting can positively play in your business plan or marketing strategy.
Your invention should satisfy all the following requirements to be granted a patent registration: -
- New, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
- Involve an inventive step, that is to say, the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
- Industrially applicable, meaning it can be mass-produced and used in any industry.
Unfortunately, no. Patent rights are territorial in nature. Currently, there is no world or international patent.
However, it is possible to file an international application under the Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO). Although a PCT application does not automatically lead to worldwide patent protection, it makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications.
The cost of filing is lower, the decision on which countries to apply to can be delayed, an international search report will be issued and, if required, an international examination report may be requested. The results of the search or examination report can help you decide whether or not to proceed with the application in particular countries, thus avoiding further cost and delay in entering into a specific market.
A patent requires careful drafting, orderly application process and thorough examinations before it is granted. You would need a patent agent with expertise and skill in preparing patent specifications and knowledge on the whole prosecution procedures, as well as an in-depth scientific and technical background in the particular field of invention.
Furthermore, the language used in writing patent claims differs from the language you use when describing your invention, and the patent specification must strictly comply with Malaysian Patents Act 1983 and Patents Regulations 1986. The wording of your patent claims will later be used to determine whether someone is infringing your patent as well as the scope of the patent protection.
Given the complexity in preparing the patent specifications and handling the application process, we recommend (though not compulsory) to acquire legal assistance from a patent attorney with specific legal and technical skills to prepare and obtain a patent for your invention.
We can assist you in all aspects of patent protection and enforcement. Feel free to contact a member of our team or contact us at [email protected] should you have any questions.
A request for substantive examination or modified substantive examination should be filed within eighteen (18) months from the filing date if the application was filed under Paris Convention or Direct route; while within four (4) years from the international filing date for PCT route.
A request for deferment of substantive examination or modified substantive examination can be filed and the maximum duration allowed to file the request will be deferred to five (5) years from national or international filing date upon the Registrar’s approval. The application shall be deemed withdrawn if the request for substantive examination is not made with prescribed fees within the said period.
Please refer to our Patent FAQs about Patents for more information on patent law.
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Friendly Team. We are here to help.
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Email
[email protected] -
Call Us
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Address
B-5-8, Plaza Mont Kiara, Mont Kiara,
50480 Kuala Lumpur,
Wilayah Persekutuan Kuala Lumpur,
Malaysia.