Malaysia Intellectual Property

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INTELLECTUAL PROPERTY - Patent Law

Related Topics : Communications Law . Computer Law . Copyright Law . Patent Law . Trade Secrets . Trademark Law . Industrial Design

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WHAT IS PATENT ?

A patent is a document issued by the government office which describes the invention and creates a legal situation in which the patented invention can normally only be exploited (made, used, sold, imported) by or with the authorization of the patentee.

WHAT INVENTIONS ARE PATENTABLE ?

An invention is a novel idea which permits in practice the solution of a specific problem in the field of technology. Under most legislations concerning inventions, the idea, in order to be protected by law ("PATENTABLE"), must be new in the sense that is has not already been published or publicly used, it must be "non-obvious" in the sense that it would not have occurred to any specialist in the particular industrial fields, had such a specialist been asked to find a solution to the particular problem and it must be "applicable in industry" in the sense that it can be industrially manufactured or used.

WHAT THE PATENT ACT 1983 PROVIDES ?

Malaysia provides adequate protection in the field of industrial property for local and foreign investors. Patent protection in Malaysia is governed by the Patents Act 1983 and the Patents Regulations 1986.

Under the Act and Regulations, an application for a patent can be made directly in Malaysia and registration is effective for the whole of Malaysia. Similar to the provisions in the legislations of other countries, an invention is patentable if it is new, involves an inventive step and is industrially applicable.

The Act provides that a patent shall expire 15 years after the date of its grant. The owner of a patent has the right to exploit the patented invention, to assign or transmit the patent, and to conclude licence contracts. Malaysia is a signatory of the Paris Convention thus providing further safeguards in the field of industrial property in the country. Malaysia’s industrial property laws accord the same treatment for both nationals and foreigners.

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