Patent
Protect Your Invention with a Malaysia Patent
What is a Patent?
A patent is a legal right granted by a government to an inventor, providing exclusive ownership of an invention for a limited period (typically 20 years for inventions, shorter periods for utility models). It protects technical inventions/innovations—such as products or processes—from unauthorised use, ensuring the inventor can commercialise their idea without competition.
To qualify, an invention/innovation must meet three criteria:
- Novelty: Not disclosed publicly before the filing date.
- Inventiveness: Represents a non-obvious improvement over existing technology.
- Industrial Applicability: Capable of being manufactured or used in practice.
Why File a Patent?
Securing a patent is critical for both individuals and businesses:
- Monopolise Market Advantage: Prevent competitors from replicating your innovation.
- Monetise Intellectual Property: License or sell patent rights for revenue.
- Legal Protection: Take legal action against infringement, claiming damages or injunctions.
- Enhance Business Value: Patents boost company valuation and attract investors.
- Global Expansion: Use international treaties like the PCT to file patents in multiple countries.
How to File a Patent
Our services simplify the complex patent process into four streamlined phases:
- Pre-Filing Preparation
- Patent Search: Analyse existing patents and publications to assess novelty and avoid duplication.
- Technical Documentation: Draft a detailed description, claims, and drawings.
- Strategy Development: Determine patent type (invention, utility model, or design) and geographic scope.
- Application Submission
- Domestic Filing: Submit to the national office(s) via their online portal or offline channels. Required documents include:
- Patent request form, power of attorney, etc.
- Specification and claims
- Abstract and drawings
- Priority documents (for international filings)
- International Filings: Use the Patent Cooperation Treaty (PCT) to enter 157 member countries. Key deadlines:
- 30 or 31 months from the priority date to enter the national phase(s).
- Typically 3 to 5 years from priority/filing date to request substantive examination.
- Examination & Prosecution
- Formality Examination: Patent office checks documentation completeness.
- Substantive Examination:
- First Office Action: Typically issued within 2 to 3 years. Respond within the stipulated deadline to avoid abandonment.
- Possibly Multiple Rounds of Amendments: Address examiner’s objections on novelty, inventiveness, support or clarity.
- Accelerated Options: Utilise programmes like the Patent Prosecution Highway (PPH) or expedited examination options to reduce approval timelines by 50%
- Grant & Maintenance
- Authorisation: Pay issuance/forwarding fees to receive the patent certificate.
- Annual Fees: Maintain protection by paying yearly fees.
- Enforcement: Monitor for infringement and initiate litigation/licensing if necessary.
Patent Typical Timeline
Filing to Publication: 18 months
Examination: 2–4 years (with PPH: 1–2 years)
Grant: 1–3 months post-examination
Total: ~3–5 years