- BENIN – OAPI
- BURKINA FASO – OAPI
- CENTRAL AFRICAN REPUBLIC – OAPI
- CAMERON – OAPI
- CHAD – OAPI
- CONGO REPUBLIC – OAPI
- EQUATORIAL GUINEA – OAPI
- GABON – OAPI
- GUINEA – OAPI
- GUINEA BISSAU – OAPI
- IVORY COAST – OAPI
- MALI – OAPI
- MAURITANIA – OAPI
- NIGER – OAPI
- SENEGAL – OAPI
- TOGO – OAPI
- BOTSWANA – ARIPO
- ESWATINI – ARIPO
- GAMBIA – ARIPO
- GHANA – ARIPO
- LESOTHO – ARIPO
- MOZAMBIQUE – ARIPO
- MALAWI – ARIPO
- NAMIBIA – ARIPO
- RWANDA – ARIPO
- SIERRA LEONE -ARIPO
- SUDAN – ARIPO
- TANZANIA – ARIPO
- UGANDA – ARIPO
- ZAMBIA – ARIPO
- ZIMBABWE – ARIPO
- SOUTH AFRICA
COUNTRY : MALAYSIA
CAPITAL : KUALA LUMPUR
LANGUAGE : BHASHA MALAYSIA & ENGLISH
The Malaysian Inntelectual Property office is also known as the Intellectual Property Corporation of Malaysia (MyIPO)
INTERNATIONAL TREATIES TO WHICH MALAYSIA IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty – PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
PATENT LEGISLATION IN MALAYSIA:
PATENT 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
BASICS REGARDING PATENTABILITY OF INVENTIONS IN MALAYSIA:
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 NOT PATENTABLE IN MALAYSIA:
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.
PartityPatents through it’s associate Law Firms in Malaysia, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN MALAYSIA:
- Name & Address of the applicant.
- Name & Address of the Inventor.
- Specification comprising a description claims & drawings if any.
- Priority Data if any.
- State of incorporation / nationality of the Applicant.
- Abstract of the Invention.
- Appointment of Agent form signed by the Applicant.
- If the Applicant is not the Inventor, an explanatory statement by way of either assignment or employment.
- Simple PoA without legalisation and notarisation
EXAMINATION OF THE PATENT APPLICATION IN MALAYSIA:
- Once the patent application is filed, the application is scrutinised for defence & security aspects.
- Upon receipt of the patent application preliminary examination is conducted to determine application’s compliance with all formalities and requisites.
- Applicant to request substantive examination
- Applicant to fulfil any requirements as directed by the authorities within a specified period of time.
- Patent application in compliance with all requisites is granted patent protection.
RIGHTS OF THE PATENTEE IN MALAYSIA:
Patents with a term of 20 yrs.
Utility Inventions with a term of 10 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN MALAYSIA:
The Patent Act also authorises “to perform in Malaysia without the agreement of the owner of the patent in respect of the patented invention any of the exclusive rights granted to the patent proprietor” which are known as compulsory licences.
Compulsory licences are granted on the following grounds:
- When there is no production of the patented product or patented process in Malaysia without legitimate reasons;
- When patented products produced in Malaysia are not putup for sale on the domestic market, or there are some but they are sold at unreasonably high prices or do not meet public demand without legitimate reasons.
- When the invention claimed in a patent cannot be worked in Malaysia without infringing a patent granted earlier which are also known as inter-dependent patents.
GOVERNMENT USE: In extreme & exceptional circumstances, the government can compulsorily acquire rights to work a patent such as:
- When there is a national emergency or when the public interest, in particular national security, nutrition, health or the development of other vital sectors of the national economy as determined by the government so required.
- When a judicial or relevant authority has determined that the manner of exploitation by the patentee or licensee is anti-competitive.
ParityPatents through its specialist Patent Lawyers and Patent Attorneys in Malaysia can comprehensively assist you with Compulsory Licence matters.