Importance of Filing Your Patent : Lesson Learned from the Sharp v Daimler case

September 10, 2020 – Sharp Corporation (“Sharp”) has won a patent infringement lawsuit against Daimler AG (“Daimler”) in the District Court Munich 1, Germany. The Honourable Court held that Daimler has infringed the patent owned by Sharp in LTE standard compliant car products. The Court disapproved or rejected Daimler’s FRAND (Fair, Reasonable and Non-Discriminatory) defense and thereafter an injunction was granted. The Court also ruled Daimler owed damages and has to render account of the infringing acts. Daimler has then filed a nullity action against the patent in a different lawsuit before Germany’s federal patent court in Munich.

From this case study, it illustrates the vital importance to file and further register a patent. Sharp may lose the lawsuit had it not registered its own patents!

In Malaysia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application to the country of your choice. In Malaysia, we are governed under the Patents Act 1983 and Patents Regulations 1986. You can read more in the Pintas Handbook! Click to read more (insert link to the Handbook)

Filing a Patent application may be done or processed in any IP firm in Malaysia. At Pintas, our certified patent engineers will guide you on the process. The first step is to determine the patentability criteria of your patent. There are three important criteria that need to be met; Novelty, Inventive step and Industrial Applicability. Pintas can assist to conduct a Patent Search to determine whether the invention can meet the three criteria for a Patent application. With a big technical team, Pintas is well prepared to handle inventions ranging from various fields. Set a meeting today, and Pintas can arrange a Patent Engineer to advise you on your invention.

Besides the patentability criteria, Pintas can advise further on utility innovation as the Malaysian patent system provides for the grant of utility innovation certificates. This utility innovation shall fulfill the criteria of novelty as well as industrial applicability.

Further, Pintas can provide advice on the possibility of any infringement of patent in the event there is an existing patent similar to the client’s. Once a Patent Application has been filed, Pintas will continue to manage and keep you up to date on the latest development related to your application.

At Pintas you will get over 2 decades of expertise handling your intellectual property, whether that be Patent, Trademark, Copyright or Industrial Design. Do connect with us for more details!