Patent

Patent is a right given by a sovereign state to the owner of an invention that prevents others from using the invention without the inventor permission. A patentable invention can be a solution to a specific technological problem. It can also be a product or process that provides a new approach of doing something or a technical improvement on how certain objects operate. Patents are a form of intellectual property. The procedures for apply patent, requirements for the invention to be able to apply patent, and extend of the exclusive rights are very wide between countries according to international agreements and national laws. However, for an invention to be patentable, it must general meet three eligibility criteria. First of all, the invention not be known in public in any way or anywhere in the world. The owner of the invention should keep their invention a secret until their patent application is granted. Besides that, the invention must be able to improve an existing product or process. Even though the inventions are new but yet it is too obvious to a professional with technical skills or someone with knowledge in the invention’s field it will not be counted. Lastly, the inventions must be have some form of practical application. It should be able to serve in some form of industry.

In Malaysia, patent protection is governed by the Patents Act 1983 and the Patents Regulations 1986. In other to obtain a patent, a writing of the specification which describes and defines the invention is needed. A first patent application is normally filed in the country where the invention is made. Under sections 23A and sections 30A of the Patent Act 1983(“Laws of Malaysia – Act 291 (Patents Act 1983)”, 2006), the government own the right to forbid the publication of the details of the specific invention. Moreover, patent applications for local inventions must not be filed to overseas at the same time with filing at the Malaysian Patent Registration office, or without any filing in Malaysia. However, if prior written authority is obtained from the Registrar in Malaysia, it will be permitted to file overseas. Under Patent Act 1983, the patent application has three basic elements, which is application form, specification and filing fee. These three elements is a must to be filed together in order to assure a filing date for the application. After the process of filing, three different types of examination are required. First of all, the examination as to make sure the requirements for a filing date are met. Next, an initial examination to ensure the completeness of the documents required and the suitability for reproduction in the future when the patent is published. At last, the final examination as to whether the application relates to a patentable invention and reveal it in detail and clarity. When the Registrar is pleased that the application complies with the requirement of the Patent Act, the patent will be granted.