Patent Protection in Malaysia

Patent Definition :

A Patent is an exclusive right granted for an invention to the patentee, which is product or a process that provides new way of doing something which offers a new technical solution to a problem.

According to the Patent Act, a Patent which is registered is protected 20 years from the date of application, provided that the applicable annual fee is paid. Meanwhile, a Utility Innovation is protected for the first 10 years and renewable twice (5 years each) from the date of filing. A patentee has the exclusive rights to exploit the invention, assign or transmit the patent, and conclude licence contracts. ‘Exploitation’ includes making, importing, offering for sale or selling the patented product or making use of the patented process.

Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes, for example, a company.