Eligibility of applicant
The owner of an individual
or a company who own the invention is eligible to apply for a patent.
An application for a patent must be filed with the Patent Registration Office
of the Intellectual Property Corporation of Malaysia (MyIPO). The Patent
Registration Office is responsible for the administration, processing and registration
of patents and certificate for utility innovations.
The application may be
submitted to the Patent Registration Office by hand mail or through an online
Information and document
To file an application, the
applicant is required to lodge the following with the Patent Registration
The applicant will need to
prepare a Form 1 for an application for a patent with the information. The
first information is the applicant name, address and the nationality. The
information may consist one or more applicant information. Second information
is the inventor information with the inventor name and the address. This
information may also consist one or more inventor information. The last information that include in the applicant is the priority details, for
example: the filing date, application number and country of an earlier
application from which priority is claimed. The last information only applies
if applicant has filed an earlier application for the same invention.
The second document applicant will need to prepare
a patent specification consisting of description of the invention, and one or
more set of claims. Applicant may also present an abstract and drawings if they
The last document is the payment of the
prescribed filing fee.
Additionally, if applicant have the following
document are also required to be submitted to the Patent Registration Office. These
documents are the Form 17 for the appointment of Patent Agent and the Statement
Justifying the Applicant’s Right to a Patent.
Appointment of Patent Agent
A patent agent is a specialises in patent work.
Patent agent advises on the patentability of an invention, conduct patent searches,
prepare the patent specification and handles the filing and prosecution of patent
applications amongst others.
An applicant may file an application on his own
behalf or he could choose to appoint a registered patent agent to handle the filing
and prosecution of his application. It is important for the applicant to
understand the patent prosecution process is lengthy and involves several steps
which require appropriate actions to be taken in a timely manner.
It is advisable for applicant to seek for the
services of a registered patent agent to assist with his application. Engaging
an experienced patent agent could reduce risks or burden for the applicant. Any
failure may result in unfavourable consequences for the applicant, it will be
leading to the refusal of the patent application.
For foreign applicant, they are required to
appoint a local patent agent to act on their behalf.