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PINTAS Intellectual Property (IP) Protection Patent
1. Categories of Patentable Inventions
2. Patentability Criteria
An invention is patentable if it is
| Invention | -An invention permits in practive the solution to a specific problem in the field of technology -An invention may be or may relate to a product or process |
| Novelty | -An invention is novel if it is not anticipated by prior art. -Prior art is anything disclosed to the public anywhere in the world, by written publication, by oral disclosure, by use, or in way prior to the priority date. |
| Industriallt Applicable | -An invention shall be considered industrially applicable if it can be made or used in any kind of industry. -Exclude Articles or processes alleged to operate in a manner cleary contracy to well-established physical laws, e.g. a perpetual motion machine. |
| Inventive | -Obvious/Non Inventive if a person of ordinary skill in the area with no inventive abilities would habe been led to the solution directly and without difficutly -Inventive proven if smart person says:”I wouldn’t have thought of that” |
3. Patent Application Procedures
| 1. Novelty Search | 4. Application number and Priority Date | 7. Examination |
| 2. Drafting of Patent Specification | 5. Extension to Overseas | 8. Grant |
| 3. Filing of application with specification | 6. Publication | 9. Renewal |
4. Patent: Scope of Rights
| Monopoly | -Right to exclude others from Making Using,Selling,Importing -The invention (as defined by the claims) For 20 years (from the filing date) In countries of registration |
| Enforce | -Can sue a competitor for infringement |
| Monetise | -Can assign or license in exchange for payment |
5. The life of a patent
For patents filed on or after 1st August 2001, the life of a patent is 20 years calculated from the filing date (for a direct national application) and from the international filing date (for a PCT national phase application), provided the prescribed annual fees are paid.
Term and Renewals
The term of protection of a patent is 20 years from the filing date and it cannot be renewed. After the patent expires, the holder no longer has exclusive rights to manufacture and sell the product.
Patent Filing
The patent prosecution process begins with an application for a patent registration filed with the Patent Office.
Preliminary Examination
Next, Preliminary Examination will be carried out to determine if the application is in compliance with the formal requirements as defined in Patents Act 1983 (for Malaysia).
Publication
After 18 months from filing date, the application will be laid open for public inspection.
Substantive Examination
After the application passes the preliminary examination, the applicant is required to request for substantive or modified substantive examination within 18 months from filing date in which the Examiner will determine if the claimed invention appears to be novel, inventive and industrially applicable as defined in Patents Act 1983 (for Malaysia).
Certificate of Grant
Certificate of Grant will be issued upon approval from the Registrar.
Renewal
After the patent has been granted, the patent needs to be renewed every year from registered date until the patent expires.
Duration
The total patent application processing time may be (18 months to 2 years, or longer)
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