DEP - Official Portal

RESEARCH & INNOVATION DEPARTMENT
Office of Deputy Vice-Chancellor (Research & Innovation)

FacebookLogo

Patent

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.

Non-Patentable Inventions
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
    animal body.

Patentable Inventions
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.

NOTES :

  • 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

  1. 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.
  2. Applicants should be ready to present their research projects during Senate Committee Meeting (Penyelidikan dan Pengembangan Ilmu).
  3. Results will be informed by letter and the application will be sent to the appointed patent agent.
  4. Application should meet the MyIPO guidelines and comply with the Patent Act 1983.