The examination process for patent applications is carried out by the Intellectual Property Corporation of Malaysia (MyIPO). Once a patent application is filed, MyIPO will conduct a formal examination to ensure that the application meets all the formal requirements, such as proper formatting, fees, and documentation.
After the formal examination, MyIPO will conduct a substantive examination to determine if the invention is new, useful, and non-obvious. This process involves a thorough search of existing patents and other prior art to ensure that the invention is novel and not obvious to a person having ordinary skill in the relevant field. The examination also involves a review of the patent application to ensure that it provides a full and clear description of the invention and how it is novel and non-obvious.
If MyIPO determines that the invention is patentable, it will issue a Notice of Allowance and the patentee will be required to pay the grant fee. The patent will then be published in the official gazette and the patentee will be issued a certificate of grant.
If MyIPO determines that the invention is not patentable, it will issue a Notice of Reasons for Rejection and the patentee will have the opportunity to respond and amend the application.
This process can be repeated until MyIPO is satisfied that the invention is patentable or the patentee chooses to abandon the application.
The time it takes to obtain a patent can vary depending on a number of factors such as the complexity of the invention, the quality of the patent application, and the workload of the Intellectual Property Corporation of Malaysia (MyIPO). On average, the process of filing a patent application to obtaining the patent can take several years.
The examination process, which includes both formal and substantive examination, can take several months or even years, depending on the complexity of the invention and how quickly the patentee responds to any requests or notices from MyIPO. If a patentee receives a notice of rejection, they have the opportunity to respond and amend the application which could further add to the time of examination process.
After the patent is granted, it will be published in the official gazette and the patentee will be issued a certificate of grant. Once the patent is granted, it is valid for 20 years from the date of filing, but maintenance fees must be paid annually to keep the patent in force.
A patent application can be filed by an individual or a company. According to the Patents Act 1983, any person can apply for a patent for an invention. The term “person” includes an individual, a company, a partnership, or any other legal entity. The applicant will be the person who is entitled to the grant of the patent, and they will have the exclusive right to prevent others from exploiting the invention.
It’s worth noting that, when an individual applies for a patent, they will be considered the patentee. If a company applies for a patent, the company will be considered the patentee. Also, if a company employs an individual to make an invention, the company will be considered the patentee unless there is an agreement to the contrary.
It’s also important to note that, regardless of who is applying for the patent, the invention must meet the requirements for patentability as set out in the Patents Act 1983, and the patent application must be filed with the Intellectual Property Corporation of Malaysia (MyIPO) and comply with all the formalities and requirements of the act.
There are several costs associated with filing and maintaining a patent. These costs can include:
1. Filing fees: These are the fees that must be paid when a patent application is filed with the Intellectual Property Corporation of Malaysia (MyIPO). The fees will vary depending on the type of application and the number of claims.
2. Search fees: MyIPO will conduct a search of existing patents and published literature to ensure that the invention is new and non-obvious. There is a fee associated with this service.
3. Examination fees: Once the patent application is filed, MyIPO will conduct an examination to ensure that the invention meets the requirements for patentability. There is a fee associated with this service.
4. Publication fees: Once the patent is granted, it will be published in the official gazette. There is a fee associated with this service.
5. Maintenance fees: Once the patent is granted, maintenance fees must be paid annually to keep the patent in force. These fees will increase over time.
6. Renewal fees: The patent will be valid for 20 years from the date of filing, but maintenance fees must be paid annually to keep the patent in force.
7. Legal and professional fees: If you choose to hire a patent attorney or agent to assist with the patent application and maintenance process, there will be additional legal and professional fees associated with this service.
Yes, a patent can be licensed or sold to others.A license is a legally binding agreement between the patent owner (the licensor) and another party (the licensee) that allows the licensee to use the patented invention in a specific way, usually in exchange for a fee or royalty. It can either be exclusive or non-exclusive. An exclusive license gives the licensee the right to be the only one using the invention within a specific field or territory, while a non-exclusive license allows the licensor to license the invention to multiple parties.
A sale of a patent is the transfer of ownership of the patent from one party to another. The new owner will have the same rights as the original owner to make, use, sell and import the invention. It’s also worth noting that the patent is only valid within the country where it is granted, so for a foreign company, it would need to file for a patent in each country where it wants to have protection.
The penalties for infringing on a patent can include both civil and criminal penalties.
Civil penalties may include an injunction, which is a court order that prohibits the infringing party from continuing to produce, use or sell the patented invention, as well as damages, which are monetary compensation for any financial losses suffered by the patent owner as a result of the infringement. The patent owner also has the right to seize infringing goods and to claim accounts of the infringing parties profits.
Criminal penalties may include fines and/or imprisonment for individuals or companies found guilty of intentionally or recklessly infringing on a patent. In addition, the infringer may also be subject to a legal action for contempt of court if it continues with the infringing activities after an injunction has been issued. It’s important to note that these penalties can vary depending on the circumstances of the infringement and the discretion of the court.