Patent
A patent confers exclusive right on the holder (patentee) under the Malaysian Patents Act 1983 to exploit his invention in a particular industry for a specified period of time. There are also provisions for petty patents/utility innovations which are essentially ‘minor’ inventions which cannot satisfy the strict requirements for grant of a patent.
An invention is patentable if it is new, involves an inventive step, is industrially applicable, and is not excluded from protection under the Patents Act 1983. It is pertinent to note that ‘new’ here means that the invention is not anticipated by prior art which includes everything disclosed to the public anywhere in the world and whether by use or written or oral disclosure.
A patent lasts for a period of 20 years from the date of application, provided that the applicable annual fee is paid. A patentee has the exclusive rights to exploit the invention, assign or transmit the patent, and conclude licence contracts. ‘Exploitation’ includes making, importing, offering for sale or selling the patented product or making use of the patented process.