Summary

Malaysia is a member of the Paris Convention and the Patent Cooperation Treaty (PCT).

The Patents Act 1983 (“the Act”) and the Patents Regulations 1986 govern patent protection in Malaysia.

Types of protection for new inventions in Malaysia 

1. Patent: The invention must be novel, have an inventive step and industrially applicable. Duration of protection is for 20 years from date of filing of application.
2. Utility Innovation: Same as patent except inventive step is not required.

Novelty

Patent law in Malaysia has a worldwide novelty standard, qualified by a 12-month grace period in respect of any public disclosures of the invention that originate from the applicant before the filing date of the Malaysian patent application.

Non-Patentable Invention

1. Discoveries, scientific theories and mathematical methods.
2. Plant or animal varieties or essentially biological process for the production of plants or animals, other than man-made living micro-organisms, micro-biological processes and the products of such micro- organism processes.
3. Schemes, rules or methods for doing business, performing purely mental acts or playing games, and
4. Methods for the treatment of human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. 
5. Claims to computer programs.

Priority Claim

The priority claim can be filed within twelve (12) months from the filing date of earlier application in any other country.

Address:

TAG Intellectual Property Consulting and Training SDN. BHD. (Company No. 1232009-M) Unit SO-7-7, Level 7, Menara 1, KL Eco City, Jalan Bangsar,

P.O. Box: 59200 Kuala Lumpur, Malaysia
Telephone: +60196335424
Fax:
Email: malaysia@agip.com
Contact: Nur Atiqah Samian

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