What is a patent?
A patent is a form of IP (Intellectual Property) that describes an invention and grants the inventor exclusive rights to make, use, and sell the invention for a limited period of time. The patent system encourages inventors to disclose their inventions to the public by granting them a temporary monopoly on the use of their inventions. Malaysia is one of the countries in the world that offers patent protection for inventions made in Malaysia or abroad by Malaysian citizens or companies.
What are the benefits of a patent?
A patent grants the inventor an exclusive right to make, use, or sell an invention for a specific number of years. The benefits of patenting your invention are as follows:
- Patent protection is territorial, so you can file for patent protection in any country where you want to protect your invention.
- Patent protection is available for both products and processes.
- Patent holders can exclude others from making, using, or selling their invention without permission.
- Patent holders can monetize their invention by licensing it to others or by manufacturing and selling it themselves.
- The process of obtaining a patent is complex but provides significant legal protection for the inventor.
How long is a patent valid in Malaysia?
A patent in Malaysia typically lasts 20 years from the application’s filing date. However, there are a few exceptions to this rule. For example, if the patent is granted for a pharmaceutical product, it may only be valid ten years from the grant date. Finally, once a patent expires, anyone is free to use the invention it covers without permission from the patent owner.
What are the procedures for applying for a patent?
Applying for a patent in Malaysia follows the same general process as applying for a patent in most other countries. First, you must file a request with the Malaysian Patent Office. This request must include the following:
- A description of your invention
- An application form
- The appropriate filing fee
- Any documents or drawings required to support your claims
Once the Malaysian Patent Office receives your filings, they will review your request and decide whether or not to grant you a patent. If they do, your invention will be published in the Malaysia Gazette, and you will be officially registered as the owner of that patent. You can then use that patent to stop others from selling or using your invention without your permission.
How long does it take to process a patent in Malaysia?
It typically takes about 12-18 months for a patent to be granted in Malaysia. However, this timeline can vary depending on the complexity of your invention and the workload of the Malaysian Patent Office.
What is the primary purpose of a patent?
There are a few purposes of patents, the most common being to protect an invention’s intellectual property. In order to be granted a patent, an invention must fulfil specific requirements in Malaysia, including being new, useful, and non-obvious. A patent gives its owner the exclusive right to produce and sell the invention for a period of 20 years. This can provide a significant competitive advantage, preventing others from entering the market with a similar product. Patents also encourage innovation by giving inventors financial incentives to bring their new products and ideas to market. Finally, patents help promote knowledge sharing by making information about new inventions available to the public.