Protect Your Invention with a Malaysia Patent

Q1: What can I patent?
You can patent an invention that is new, involves an inventive step, and is industrially applicable. This includes a product, process, machine, or method as an improvement to an existing technology. In Malaysia, abstract ideas, mathematical formulas, and methods of treatment for humans are not patentable. To qualify, your invention must be practical, functional, and not publicly disclosed before the filing date.

Q2: What rights does a patent owner have?
A patent owner has the exclusive right to make, use, sell, offer for sale, or import the patented invention. This means you can stop others from copying or using your invention without your consent. You may also license or sell your patent to others, creating opportunities for revenue.

Q3: When is the best time to apply for a patent?
The best time to file a patent is before you publicly disclose or commercialise your invention. Public disclosure (including exhibitions, sales, or academic papers) can destroy your chance of getting a patent. Filing early protects your invention and secures your priority date, which is important if disputes arise later.

Q4: Can I protect my invention overseas?
Yes. Patent rights are territorial, so you must file separate applications in each country where protection is desired. You can either file directly in individual countries or use the Patent Cooperation Treaty (PCT) to streamline the international filing process. This gives you more time (up to 30 months) to decide which countries to pursue patent protection in.

Q5: Is a patent grant guaranteed?
No, a patent grant is not guaranteed. After filing, your invention undergoes a rigorous examination by the patent office to ensure it meets the key patentability criteria—novelty, inventive step, and industrial applicability. If the application fails to meet any of these, it may be rejected. However, a well-drafted patent application that clearly describes the invention and meets all legal requirements has a significantly higher chance of being granted.

Q6: What if my patent is rejected?
If your patent application is rejected, you may still have options. Depending on the reason for rejection, you can:

• Amend or narrow your claims to meet the requirements, especially regarding novelty or inventive step.
• Submit clarifications or arguments to address objections raised by the examiner.
• Convert the application to a Utility Innovation (UI) in Malaysia, which requires only novelty, making it easier to obtain protection for technical improvements.