A patent registration protects an invention by providing market monopoly over it in exchange of its disclosure to the public. A one-of-a-kind invention developed by a business is a great commercial asset that makes one stand out from others. The monopoly over an invention allows its inventor to maximize the profitability out of it.
We pay great attention to the drafting of a Patent claim to maximize the scope of protection a Patent registration can apply to your invention. Our Patent services include search, filing and application and renewal to multiple jurisdictions.
What is Patent and what can be registered?
A Patent offers the strongest protection under all Intellectual Property protections, it grants its owner an exclusive right and monopoly over all uses of the patented invention. To apply for Patent, the applicant must provide to the Registry what is being claimed and the description of the invention; which such would be disclosed to the public.
There are two types of Patent - Patent and Utility Innovation.
Patent v.s. Utility Innovation
What is Patent Cooperation Treaty (PCT)?
Malaysia is a member under the PCT by the WIPO with another 147 member countries. PCT can be applied within 12 months of your initial filing and so extend the priority to 30 months from the initial filing date to filing your invention at the PCT member countries. PCT is advised if you are intended to file your invention at multiple jurisdictions.
Advantages of PCT:
• Additional time to claim priority for application in other jurisdictions (Paris Convention gives only 12 months from date of initial filing)
• Commercial flexibility for evaluating the chances of obtaining patent and exploiting your invention in foreign countries before paying the national filing fees.
Optional and advisable
It is advisable to conduct a worldwide Patent search before filing your application to the Registry. This is to check your invention is not within any claim of any existing Patent.
Claims, descriptions and drawings are required in the application for your Patent specifications.
Claims are what you are claiming under such registration- it lays out the scope of protection that you are entitled to. We spend extra care in drafting to maximize your right.
Drafting usually takes around 20 working days .
Application and substantial examination
Upon finalizing the drafting, we will prepare your application and file it to the Registry.
After filing, there is request for substantial examination, which the Registry will examine your application to check if it meets the corresponding requirements.
This stage may take up to 5 years until the Registry issue an examination report.
Note that if you intend to file your patent in other jurisdiction, you have 12 months from the date of initial filing to claim priority. You may consider applying for PCT if you intend to register in a large number of countries.
The same applies to Utility Innovation up to this stage, except for that PCT does not apply to it and a shorter time is expected for the examination report to be issued.
Grant and post-grant
The Registry will issue you a notice of grant after the examination report. For which after paying the grant fees, the Certificate of Grant will be issued.
A Patent offers protection up 20 years from the date of initial filing, subject to renewal annually starting the second year of the grant.
Utility Innovation also have a maximum protection period for 20 years from the date of initial filing. But it is subject to renewal annually starting the third year of the grant and evidence of commercial or industrial use would have to provided on the 10th and the 15th year from the initial filing.
We will send you reminder for renewal and can advise you further if required on your Patent/Utility Innovation protection and follow-up business.