The Patents Act 1983 and the Patents Regulations 1986 govern patent protection in Malaysia. An applicant may file a patent application directly if he is domicile or resident in Malaysia. A foreign application can only be filed through a registered patent agent in Malaysia acting on behalf of the applicant. In accordance with TRIPS, the Patents Act stipulates a protection period of 20 years from the date of filing of an application. Under the Act, the utility innovation certificate provides for an initial duration of ten years protection from the date of filing of the application and renewable for further two consecutive terms of five years each subject to use. Malaysia has acceded to the PCT in 2006 and since then, the PCT International Application can be made at the Intellectual Property Corporation of Malaysia (MyIPO) office. Patents are granted in Malaysia if the applications meet the criteria of Novelty, Inventive Step (also known as Non-obviousness) and Industrial applicability.
An invention is new if it has no precedence in the industrial prior art which means that the invention was not disclosed to public anywhere at any time whether by written, oral disclosure or by use or any other method which allows the understanding of the invention.
The invention can be used on an industrial level.
The invention should have technical development which is not obvious to any skilled person related to field of technology to which the invention belongs. All patent applications filed at the MyIPO are subject to substantive examination and are bound to meet the above mentioned patentability criteria for receiving acceptance by the Patent Office.