Patent Protection in Malaysia

1307 Words3 Pages

Patent protection in Malaysia is governed by the Patents Act 1983, and is obtainable by either or filing a direct national application or entering the national phase of a Patent Cooperation Treaty (PCT) application. There are two patent classifications that an applicant can choose upon application, the standard patent or design patent and the utility patent. With regards to Malaysian Patent Application Requirements, the applicant has to file the patent with the Intellectual Property Corporation of Malaysia (MyIPO), in Kuala Lumpur, or at the branch offices located in Sabah and Sarawak. According to information available in MyIPO website, any person or a company may apply for a patent by applying for an application for standard patent. The life time for standard patent is 20 years. While every case is different, patent application generally consists of two phases. The first phase is the patent application submission to MyIPO. The minimum requirement or information required for securing a filing date includes: a) name and address of the applicant, name, b) address and citizenship of the inventor, c) the “specification”, comprising of invention title, invention's history, accompanying drawings, details of the invention in English, description in broad terms and teaches the public how to make and use it d) a set of one or more “claims” which are certified priority document and power of attorney that describes exactly the products or processes that would be protected by the patent. These claims are the essence of an invention and, as such, applicants should pay special attention to documenting their claims to ensure that they obtain the broadest protection possible for their invention. After filing a patent application ... ... middle of paper ... ...ention of his famous stove, quoting “... as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours; and this we should do freely and generously.” At the end of the day, the decision on if and how intellectual property (IP) protection is sought must be made in the context of an organizations IP strategy and keeping in line with the organization goals and objectives. For company who prefer to compete in the free market, copyrighted software is sufficient in protecting the legal rights of the software created. For company whose main objective is to collect licensing rights and back end deals that comes with patent protection, than it is advisable to seek for patent protection. For me, a copyright is more than sufficient to acknowledge an invention and the inventor’s rights to claim.

Open Document