As inventors or creators of futuristic creation or creativity, of course you would want your inventions to be protected under any law to ensure its authenticity and value are well shielded. This can be done by filing patent applications on your inventions.
Any copied idea or infringed inventions from your own creation is a nightmare for all inventors out there!
You might know some of the general information about patented invention but in this article we will list down 5 common misconceptions about acquiring patents in Malaysia.
1. All inventions can be patented.
Not all inventions can be patented! This is because in Malaysia there are three basic criteria for patentability in order to claim protection namely the creation’s novelty, it involves an inventive step and it is industrially applicable.
In order to certify the novelty, Malaysian patent law will qualify a 12-month grace period in respect of any public disclosure of the invention and this does not protect against third-party disclosure. Inventive step is evaluated based on obviousness to a skilled person. Industrially applicable means if the invention can be made or used in any kind of industry.
2. Once patented, it will be protected forever.
It is important for the invention to be protected but as the inventors, it is even more important for you to play a bigger role in always being vigilant on the expiration date of the protection because there is duration of protection and the protection is not forever!
For patent filed prior to August 1st, 2001, the duration of protection is 15 years from the date of grant or 20 years calculated from the filing date, whichever expires later. For patents filed on or after August 1st, 2001, the duration is 20 years calculated from the filing date (for a direct national application) and from the international filing date (for a Patent Cooperation Treaty [PCT] national phase application), provided the prescribed annual fees are paid.
So inventors, please mark your calendar!
3. Patent protection can only be obtained by direct national application.
Wrong! In Malaysia, patent protection is obtainable by way of either entering the national phase of a PCT application or filing a direct national application.
Malaysia is a member of the PCT since 2006. This means that an applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Malaysia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
4. There are no excluded patent eligibility.
Not all can be patented as there are non-patentable subject matters. An invention is not patentable if it contains the following:
- Discoveries, scientific theories and mathematical methods;
- Plant or animal varieties or essentially biological processes for the production of plant or animals;
- Schemes, rules or methods for doing business, performing mental acts;
- Methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body;
- Invention is contrary to public order or morality.
5. You do not need the assistance of professional IP experts.
Filing a patent protection is not as easy as it seems, unfortunately. This needs to be done by an expert!
IP experts will know the entire process and this will be done in a thorough, in-depth and meticulous attitude in order to make sure that the filing can be done successfully and this will result in your intellectual assets being protected and shielded.
Filing protection will involve lots of cause papers that is easier and faster when it is done by experts – you could not afford to make mistakes here as it will affect the process and the duration of the filing process!
Remember, the faster you get your invention to be protected, the better it is for your business growth.
Please get in touch with Pintas today!