Malaysian Patent Criteria

What are the criteria of a Malaysian Patent?

1. It must have Novelty:

The examiner will first search for novelty. That is to find similarity. And in most probability, a similar idea is found and not only that, a few of them is found. The examiner will then dissect each patent, either granted or not to see what are the differences. In this respect, the claims will be reviewed to see whether it claims for the same thing. If the examiner were to have the opinion that your claims is tantamount to the same thing as others, you would most probably be receiving an adverse report from the patent office for office actions like making an amendment. In most probability, it would not mean the end of your quest as you will be invited to offer a rebuttal as to why there were differences, either obvious or not.

2. Inventive step

An inventive step is most probably non obvious to a person skilled in the art. That will mean your examiner will have to exercise critical thinking and to ascertain that the inventive step to help solve the problem would not have come from a person skilled in the art. An inventive step will always surprise the reader as to why he or she had not thought of it at first as to the way a problem is solved. It�s a bit tricky to ascertain whether an inventive step exists but because examiners are seasoned researchers, they would probably have no problem seeing it at first glance. There are just that many ways to skin a cat only!

3. Industrial Use

In the Malaysian context and also in many of the other jurisdictions, it is vital to illustrate an industry use for the idea. In this respect, the patentee must have a good knowledge of how an industry is run. You can�t design something that will only be made use of in some distant future. However, in the era of Industry 4.0, there is a possibility that you can foresee the future and somehow come up with a solution to solve a future problem that no one had thought about. You will need to explain fully if you are in that situation.

Malaysian Patent Flowchart

malaysian patent flowchart