Patents Laws in Malaysia
Here’s a summary of patent laws in Malaysia:
🇲🇾 Patent Laws in Malaysia
1. Governing Legislation
The Patents Act 1983 (Act 291), as amended, is the primary law regulating patents in Malaysia.
Administered by the Intellectual Property Corporation of Malaysia (MyIPO).
2. Patentable Inventions
An invention must be:
New
Involve an inventive step
Capable of industrial application
Patentable subject matter includes products, processes, machines, and improvements thereof.
Exclusions include scientific theories, mathematical methods, discoveries, and certain types of biological material or plants.
3. Application Process
Patent applications are filed with MyIPO.
Requirements include:
Specification (description and claims)
Abstract
Drawings (if applicable)
The application undergoes:
Formalities examination
Substantive examination (upon request within 18 months)
Publication occurs 18 months after filing or priority date.
The patent term is 20 years from the filing date, subject to payment of renewal fees.
4. International Treaties
Malaysia is a member of:
Paris Convention (since 1978)
Patent Cooperation Treaty (PCT) (since 1996)
Allows for priority claims and international patent filings designating Malaysia.
5. Rights Conferred
The patent owner has exclusive rights to prevent others from making, using, selling, or importing the patented invention without consent.
Rights can be licensed, assigned, or transferred.
6. Opposition and Revocation
Third parties can file an opposition against a patent within 6 months of its publication.
Patents can be revoked for reasons such as lack of novelty or inventive step.
7. Compulsory Licensing
Available in circumstances such as:
Non-working of the patent in Malaysia
Public interest considerations
8. Enforcement
Patent infringement cases are dealt with by the Malaysian courts.
Remedies include injunctions, damages, and seizure of infringing goods.
9. Renewal Fees
Annual renewal fees must be paid starting from the 3rd year after filing to keep the patent in force.
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