• Paris Convention for the protection of industrial property
• Patent Co-operation Treaty – PCT.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
FILING WITH PATENT OFFICE- – 12 Months
REQUEST FOR EXAMINATION – Within 6 month from the date of direction
COMPLIANCE OF OFFICE ACTION –
ANY OTHER COMPLIANCE –
IP LAW IN MALYSIA
Malaysia follows the Common Law system& First to File principle.
Patents in Malaysia are governed by PatentsAct1983 and are granted by the Malaysian Intellectual Property Office
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
• Are New or Novel
• Involve an inventive step
• Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for ‘a man skilled in the art it does not yield results in an obvious way from the state of the art’.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’
Inventions pertaining to the following:
• Discoveries, Scientific Theories & Mathematical methods.
• Aesthetic creations.
• Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
• Programmes for Computers.
• Inventions contrary to public order & morals.
• Methods of treatment, therapy, diagnosis, care, surgery regarding humans and animals.
• Prejudicial to the Interests or Security of the Nation.
(i). Name & Address of the applicant.
(ii). Name & Address of the Inventor.
(iii). Specification comprising a description claims & drawings if any.
(iv). Priority Data if any.
(v). State of incorporation / nationality of the Applicant.
(vi). Abstract of the Invention.
(vii). Appointment of Agent form signed by the Applicant.
(viii). If the Applicant is not the Inventor, an explanatory statement by way of either assignment or employment.
EXAMINATION OF THE PATENT APPLICATION IN MALAYSIA:
TERM AND KINDS OF PATENTS GRANTED IN INDONESIA:
Patents with a term of 20 yrs.