What is considered a patentable idea in Malaysia?

 In Malaysia, to register a patent, one of the key requirements is that the invention must be novel. Novelty refers to the newness and uniqueness of the invention, meaning it should not have been publicly disclosed or made available to the public anywhere in the world before the date of application for the patent. This is to ensure that the patent granted is truly innovative and deserving of exclusive protection. Therefore, before doing a patent filing in Malaysia and to make sure your patentable idea can be registered, it is crucial to conduct a thorough search to ensure that the invention has not been previously disclosed or made available to the public in any way.

Organizations that process personal data related to patents, such as patent applications, may need to comply with PDPA requirements to ensure individuals’ personal data protection. Additionally, some patent-related information, such as the inventor’s name and address, may be considered personal data under PDPA and therefore subject to its regulations.

In addition to novelty, an inventive step is another crucial requirement for registering a patent in Malaysia. An inventive step refers to the non-obviousness of the invention, meaning that it should not be something that a skilled person in the field would consider obvious or expected. In other words, the invention should not be an incremental improvement or modification of existing knowledge or technology. This requirement ensures that the patent is granted only to truly innovative and creative inventions that push the boundaries of existing knowledge and technology.

When assessing an inventive step, the patent office considers the existing knowledge and state of the art in the relevant field to determine if the invention is indeed non-obvious. It is, therefore, essential to provide detailed descriptions and evidence of how the invention is different from existing technology and represents a significant advancement in the field when applying for a patent in Malaysia.

Industrial applicability is another requirement for registering a patent. It refers to the practical utility of the invention, meaning that the invention must have a specific, practical application in industry or commerce. 

The invention must be capable of being made or used in some form of industry, and it must have some economic value. This requirement ensures that the patent system promotes innovation that is not just theoretical or academic but can be put into practical use and benefit society as a whole. 

When applying for a patent in Malaysia, it is essential to demonstrate how the invention has industrial applicability, providing specific examples of how it can be used in industry or commerce. A lack of industrial applicability can result in a patent being denied or invalidated, making it crucial to pay attention to this aspect of the patent application process.

In conclusion, obtaining a patent in Malaysia requires a thorough understanding of the patentability requirements under the Patents Act 1983. An invention must be new, inventive, and industrially applicable to be considered patentable. The Malaysian Intellectual Property Corporation (MyIPO) plays a crucial role in assessing and granting patents to eligible applicants. As intellectual property protection becomes increasingly important in today’s competitive business landscape, understanding the patentability requirements in Malaysia can help individuals and businesses protect their ideas and innovations while driving economic growth and development.