What Is Patent?
A 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.
What Is Utility Innovation?
A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required of a patent.
Who May Apply?
Any person may make an application for a patent or for a utility innovation either alone or jointly with another. The word "person" is not limited to natural persons and thus also includes, for example, a company.
How can a patent or utility innovation be protected?
An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess whether it meets the requirements of Patents Act 1983.
Why Protect An Invention?
A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner's invention in Malaysia without the owner's consent or permision.
Term of protection
A patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.
Discoveries, scientific theories and mathematical methods;
- Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro-organism processes;
- Schemes, rules or methods for doing business, performing purely mental acts or playing games;
- Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or
For a patent to be granted an invention must :
- Be new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
- Involves 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
- Be industrially applicable, meaning it can be mass produced.
- Overseas patent filing should be made I year before the date of Malaysian patent filing.
- For special cases, if the product has big potential to commercial, P&I can submit the application to MPPU by giving justification.
Patent Application Procedure
- Applicants should fill in 1 copy of UMP patent application form (invention disclosure) form and submit to Office of Deputy Vice Chancellor (Research and Innovation), UMP; altogether with an application letter, signed by Dean of Faculty.
- Applicants should be ready to present their research projects during Senate Committee Meeting (Penyelidikan dan Pengembangan Ilmu).
- Results will be informed by letter and the application will be sent to the appointed patent agent.
- Application should meet the MyIPO guidelines and comply with the Patent Act 1983.