Patent Law

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What is a “patent?"

A "patent" is the grant of some property or privilege made by a government to an individual.

The patent provides the inventor with the right to prevent others from making, using or selling the same item or process.

Who issues patents?

In Malaysia, patent protection is governed by the Patents Act 1983 and the Patents Regulations 1986, which came into force on 1^st October, 1986. Under the said Act and Regulations, an application for a patent can be made directly in Malaysia as opposed to territorial registrations under the repealed legislations relating thereto.

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What types of invention can be patented?

An invention or creation must fall within one of four main classes of inventions or creations to be patentable: (1) process (such as how a product is manufactured or treated); (2) machines; (3) articles of manufacture; or (4) composition of matter.

In order to be eligible for a patent, the invention must not be obvious to a person having ordinary skills in the subject matter and it must have some utility, proof that it can be made operable and not be frivolous in nature.

Useful Links

Intellectual Property Department of Malaysia

Intellectual Property Rights - Information on intellectual property rights in Malaysia.