FAQ Patent

1. What is patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a technical solution to a problem. A patent provides protection for a period of 20 years from the date of filing.

2. What is a utility innovation?

A utility innovation is an exclusive right granted for a ‘minor' invention. Utility innovations are protected for an initial period of 10 years which may be extended for another two 5-year terms, providing a total protection period of 20 years.

3. What rights does patent owner have?

A patent owner has the right to use the patented invention, or may license to other parties to use the invention, or sell the right of the invention to someone else who will then become the new owner of the patent.

4. Is it possible to find out if the invention is new before the applicant applies for protection?

Yes. A search can be conducted at the Public Search Room, MyIPO or via internet access to Patent and Trade Mark Administration System (PANTAS) on earlier Malaysian patent documents.

5. Can the applicant get protection after the invention is made public before filing a patent application?

Yes, provided that the applicant files an application within 12 months of the disclosure. 

6. What is the total cost to file a patent and utility innovation application?

The total cost for patent application – RM 1,390 (manual) and for utility innovation – RM1,240 (manual). 

7. Where can the applicant seek assistance in preparing patent application?

The applicant could seek services from a registered patent agent for preparation of a patent application.

8. Are all applications treated as confidential?

Yes, all applications are confidential until after 18 months from the priority date or filing date of the application for the purpose of public inspection.

9. Can the applicant take a court action against an infringer while his application is still pending?

A court action cannot be taken while an application is still pending. Nevertheless, a court action can be taken as soon as the patent is granted. The protection of a patent commences from the date of filing.

10. What happens after the patent expires?

Once a patent expires, the owner no longer holds the exclusive rights to the invention. 

11. How can an applicant get protection for his invention in other countries?

There are two ways in which an invention can be protected in other countries. An applicant can either apply directly to the relevant countries, or use the international patent application system (Patent Cooperation Treaty).

12. What is the Patent Cooperation Treaty (PCT)?

The PCT is an international treaty, administered by World Intellectual Property Organization (WIPO), with more than 135 Paris Convention member countries. The PCT facilitates the filing of an international patent application of an invention in other countries by filing a single application.

13. Where can an international patent application be filed?

An international patent application can be filed at MyIPO which acts as a Receiving Office (RO).

14. What are the costs for filing an international patent application?

There are three types of fees for filing an international application : (i) international filing fee; (ii) search fee; and (iii) transmittal fee. Applicant would have to pay only a single set of fees, payable in Malaysian Ringgit. (For details on PCT Fees, please refer to www.myipo.gov.my) 

15. How long is the international patent application process before entering the national phase?

An international patent application takes about 18 months from the filing date to be processed, prior to that application entering into the national phase. The processing includes search conducted by the International Searching Authority (ISA) and publication of the search report by the International Bureau (WIPO).

16 What is an international search?

An international search is a high quality search of the relevant patent documents and other technical literatures. The ISA issues an international search report and a written opinion on the novelty of the invention.

17. What is an international publication?

An international publication is publication of the content of the international patent application to the world together with the international search report by WIPO, 18 months after the priority date. 

18. What is an international preliminary examination?

An international preliminary examination is an examination on the patentability of an invention whereby a report on the patentability of the invention will be issued. The report provides a written opinion on the criteria for patentability of each claims whereby examination is carried out to evaluate the chances of obtaining patent protection. 

19. When and how does an international patent application enter the national phase?

An applicant has to apply for entry into the national phase before the expiry of the 30 months period from the priority date. The applicant shall fulfill the requirements for entering the national phase such as paying the national entry fees and submitting a copy of the international application in English language.

20. What are the advantages of the PCT?

The PCT facilitates the filing of an international patent application of an invention in other countries by filing a single application whereby this filing system is cost effective.

** If you have any other question regarding patent, please contact:

 
@myipo.gov.my