You have a new invention you want to introduce to the Malaysian market but you are unsure whether you have done all the necessities to protect your new invention from copycats.
Fearing that putting your product out there may result in losses, you seek expert advice and are told you should file a Patent application.
Not familiar with the procedure?
Read on for the 10 questions that will help to enlighten you on filing a Patent in Malaysia.
1. When is the best time to file?
You’ll want to begin the process of filing your patent in Malaysia as soon as possible.
Malaysia adheres to the “First to File” rule which means that the first person or business to file a patent gets to claim the intellectual property as theirs.
2. Can you elaborate on your invention?
Part of the patent application process involves providing a comprehensive written description of what you’ve created and its functions. (Of course, as the inventor of this great idea, you probably know it inside out, but just in case – you’ll need to elaborate in detail!)
3. Are you prepared for the rigors of the process?
Unfortunately, obtaining a patent in Malaysia isn’t as straightforward and simple as you may hope. It can be tedious and time constraining.
Before you get too far into the process, you need to know what to expect. It can take a long time, it’s often confusing, and it may end up costing you more money than you were planning on spending.
If you know the product you’ve created is worth the rigorous process of obtaining a patent in Malaysia, you’re ready for the next steps.
4. What are the three requirements for patents in Malaysia?
Before you’re awarded a patent, you will have to meet the three requirements set by the patent office.
- Your idea or invention has to be new. If it has been in the public domain at all before you filed the patent application, it is ineligible. (Wondering what constitutes being shared in the public domain? If your invention was featured in an article, advertised, sold, or demonstrated in public, it will not receive a patent.)
- It must be innovative. This means that your idea needs to be better than a product or process that’s already out.
- It needs to have a practical application. Keep in mind, your invention or idea will probably pass this requirement as it’s both applied loosely and the nature of an invention is to improve upon some product or process.
5. What inventions are not eligible for patents in Malaysia?
Some of the invention not eligible to file a Patent in Malaysia are:
- 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.
6. Do you have to do a patent search?
Yes. It is crucial to conduct a patent search prior to filing a patent in Malaysia in order to avoid an overlap of inventions which will defeat the novelty of your invention.
The search process will turn up any prior inventions that are similar with yours, and gives you the opportunity to distinguish your invention from the prior invention.
In some cases, you may even wish to provide further improvements to your invention in order to gain a higher chance at fulfilling the novelty criteria.
7. Can conduct your own patent search?
Technically, yes. But you shouldn’t and here’s why.
A person who isn’t a professional may not be able to understand the results of the search, or they may not be able to conduct as thorough a search as is necessary.
It’s important that you seek the help of a reputable IP firm to ensure you’re following all the necessary procedures and can afford you with the necessary advice to enhance your patent in Malaysia application in order for you to get approval as quickly and as smoothly as possible.
8. How long does a patent application in Malaysia take?
The process can take anywhere from two to five years.
9. How much does a patent in Malaysia cost?
The fee for filing a patent in Malaysia is MYR 450.
There are a variety of additional related fees that you can find here.
Keep in mind that you will also have to pay the professionals who help you with the process.
10. What do you need to consider before filing a patent in Malaysia?
Now that you have a better idea of what’s involved to obtain patents in Malaysia, there are a few serious things to think about before you jump into the process.
- Once all the fees and expenses have been added up, it can be an expensive process.
- Two to five years is a long time to wait and you won’t be able to enforce your rights upon your invention while you wait.
- Make sure the result you could get is worth the cost and the amount of effort involved.
- Your patent could be rejected. If your patent application is not approved for some reason, you will lose the money you have invested up to that point. (The main reason patents get rejected is because they lack the innovation factor.)
- Holding a patent can give you a competitive advantage in the marketplace, especially when it comes to negotiation, marketing, and fund-raising.
Get expert help to file your patent in Malaysia
The 10 questions we’ve addressed have given you a lot to think about. And it’s important for you to take the time to weigh the pros and cons before you get too deep into the process and lose valuable money and time.
Seek the services of a reputable firm like Pintas to help you through the patent process in Malaysia.