Patent Protection in Malaysia Essay

Patent Protection in Malaysia Essay

Length: 1307 words (3.7 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about Biotechnology in Malysia : Medicinal Patent

- ... According to Alavi (2003), most of the medical patenting was not held by local manufacturers but were by foreign companies such as Smithkline Beecham, Glaxo, Wellcome and Roche (M) Sdn. Bhd instead. However, Universiti Putra Malaysia owns an intellectual property in medicine. An example is antioxidant rich nutraceutical formulation with application number PI20050102. This neutraceutical product compose of three antioxidants; tocopherols, tocotrienols and gamma oryzanol that improve antioxidant status and reducing the risk of coronary heart disease....   [tags: medical devices, drug patent]

Powerful Essays
1156 words (3.3 pages)

The Patent Of Patent Disclosure Essay

- The patent system grants an exclusive right of manufacturing, selling, and profiting from a specific invention. It is designed with the purpose of providing advance research and development and to encourage broader economic activity; however, complete disclosure is required in exchange for the twenty year protection to become monopoly. The first aspect to be discussed is that whether such disclosure really does stimulate others or not. The concept of granting patent to new inventors is to provide an intellectual stimulated environment for others; however, whether such disclosure really does stimulate others is controversial....   [tags: Patent, Invention, Patentability, Innovation]

Powerful Essays
936 words (2.7 pages)

Essay on Pharamaceutical Industry Patent Assessment

- Pharmaceutical Industry Patent Assessment Patents are a key element of Intellectual Property and provide a competitive edge to the pharmaceutical industry. The exclusive property rights provided by patents restrict competition in production and sales of medicine allowing companies to charge higher prices without concern for competition. The global standard of twenty years from the application date protecting the company’s significant research and testing investment. This is standard is important because it can take 10-15 years to develop a single product....   [tags: patent, rights, medicines, advancement]

Powerful Essays
1027 words (2.9 pages)

Reasonable Settings Make The U.s. Patent System Essay

- Reasonable Settings Make the U.S. Patent system Succeed As an intellectual property, patents can “exclude others from making, using, importing, and selling the patented innovation”, which protected by the United States Patent and Trademark Office. It must meet 5 primary requirements: patentable subject matter, utility, novelty, nonobviousness, and enablement.[1] The three types of patent are utility patents, design patents and plant patents. The patentee can keep the patent for a certain period of time....   [tags: Patent, Invention]

Powerful Essays
1029 words (2.9 pages)

The Invention Of A Patent Essay

- For thousands of years people have been inventing and making advancements in every aspect of our lives. It is also crucial to these innovators that they be rewarded and recognized for their ideas, and that they cannot be copied by a third party. To ensure this, the patent was introduced into the world and now protects millions of inventions and processes from fraud. The importance of a patent to an engineer’s lifestyle is enormous, as many would not be able to make a living if it were not for the documentations and systems that are in place today....   [tags: Patent, Invention, Innovation, Patentability]

Powerful Essays
1339 words (3.8 pages)

How Do Patent Laws Influence Innovation? Essay

- In Petra Moser’s scholarly essay titled How do Patent Laws Influence Innovation, she supports the claim that from a government’s perspective, innovation is essential to the study of patent law (Moser, 2005, pp. 7). With the government’s support of patents, it is likely to see that countries with strict laws enforced, great innovations are to be created. With that being said, Moser argues that countries under the pursuit of patent laws are engaging in a tradeoff between patenting and secrecy (2005, pp....   [tags: Patent, Invention, Law, Innovation]

Powerful Essays
841 words (2.4 pages)

Essay on Patent Reform Gives Protection for Financial Investements

- ... This initial investment can be recovered and if the product is desirable, business success is realized for the property owner. Modernizing Intellectual Property Although the need to protect R & D investment is recognized, there appears to be a need to modernize the laws around intellectual property. What if the original patent owner is unable to continue development in a timely fashion, or chooses to withhold development of a product. Should the patent remain with the owner for the full amount of time if they are unable or choose not to produce an item that has a significant potential to improve lives, public safety or advance technology....   [tags: property, product, trademark]

Powerful Essays
856 words (2.4 pages)

Essay on The Treaty Of The Patent System

- The vast majority of human history has operated without any formal intellectual property rights. Indeed, the first patent system did not arrive until the 1400s, and the first U.S. patent was not granted until 1790. Throughout this time, lawyers, economists, and policymakers have debated whether patents are even necessary: for example, Jaffe and Lerner (2004) hone in on a notable episode of debate in the Dutch system at the end of the 19th century.[3] Even now, well-respected scholars make serious arguments for abolishing the patent system.[4] Thus our analysis begins not with a moot point, but an object of both historical and present-day interest....   [tags: Patent, Invention, Creativity]

Powerful Essays
908 words (2.6 pages)

Issues on Patent and Copyright Laws In China Essay

- Issues on Patent and Copyright Laws In China This site contains information on China's patent and copyright law. It goes on to discuss some ethical issues about China's lack of law enforcement on intellectual property protection. History of Patent System China’s patent system can be traced back to the late Qing Dynasty when China began signing international treaties. For example, on August 18, 1903, China and the United States agreed on a treaty on navigation and commerce. The treaty provided for a “reciprocal patent-granting arrangement whereby citizens of one contracting party could apply for and secure patent rights for their inventions in the other contracting party.”1 After the...   [tags: China Patent Copyright Essays]

Powerful Essays
2384 words (6.8 pages)

Essay about Software Patent Law

- Software Patent Law A patent can be defined as “a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years.” 1 These special rights are given to the inventor as a means of incentive to further advance technology. The origins of patents are unknown, though the distinction of the longest continuous patent system belongs to Great Britain. The British patent system originated in the 15th century, when the Crown first started dealing with the granting of privileges to manufacturers and traders....   [tags: Patent Laws Governmental Essays]

Powerful Essays
4775 words (13.6 pages)