Patent and Utility Innovation
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.
Utility Innovation (UI) is an exclusive right conferred to an innovator that manages to come up with an incremental improvement to an existing product or process.
Both Patent & UI are governed by Patents Act 1983 and the Patents Regulations 1986 in Malaysia.
Patent & Utility Innovation protection gives an owner 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.
In accordance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS), Malaysia has acceded to the Patent Cooperation Treaty (PCT) in 2006. PCT provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. Therefore, the first patent application can be entered as a PCT International Application at the Intellectual Property Corporation of Malaysia (MyIPO) office.
Prior to PCT, Malaysia is already a member of the Paris Convention and any application filed under this convention can claim priority date within 12 months from the date of earliest filing of first application.
For a patent to be granted, it must be:
NOVEL: The invention is new and not disclose to the public in any form, whether by written or oral disclosure, or by any literature or prior art publication of the invention 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 can be industrially applicable, and used for mass production consistently.
A patent is protected 20 (twenty) years from the date of filing and must be renewed every year, and a utility innovation is protected 10 (ten) + 5 (five) + 5 (five) years from the date of filing subject to use.
Fields of Specialization are:
- Biochemistry & Chemicals
- Electrical Engineering
- Engineering (Generally all aspect)
- Food, Microbial & Chemical Technology
- Genetic Engineering
- Green Technology
- Information Technology
- Life Sciences
- Medical Electronics
- Pharmaceutical & Medical Technologies
- Radio-Frequency Identification (RFID)
- Software & Web-based Applications