Patents are exclusive rights granted for inventions. In Malaysia, inventions may qualify for patent protection if they are able to solve a technical problem, possess worldwide novelty, involve an inventive step which is not obvious to persons skilled in the art and are industrially applicable.
It is also possible to obtain a “petty patent” or what is known as a utility innovation (UI) in Malaysia if the invention is only a minor improvement which does not satisfy the criteria of inventiveness as required of a patent. However, only one single claim is allowed for a UI.
By registering a patent or utility innovation, the owner obtains the exclusive right to monopolise or license the invention for the period of the registration. The periods of protection of a patent lasts for 20 years from the filing date of the application and the initial protection term of a utility innovation is 10 years from the filing date of the application, and extendable for 2 consecutive 5-year terms.
In an increasingly technological era where innovation is rampant evolutionary, exclusive rights to exclude others from exploiting an invention through patent registration has become all the more very important. Aside from safeguarding interests, such registration increases product value and can be commercially exploited through licensing or agreement.