FAQ's

FAQs

Trademarks

What is a trademark?

In Malaysia, the term "trademark" means a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and a person having the right either as a proprietor or as registered user to use the mark whether with or without an indication of the identity of that person.

Why should I obtain a trademark?

Here are some specific benefits of having a federally registered trademark:
1. Evidence of ownership of the trademark.
2. You can go to court if you find your trademark has been infringed.
3. Registration can be used as a basis for obtaining registration in foreign countries.

These are sufficiently important factors for the protection of your whole brand.

How to file a trademark?

To file an application for registration of a trademark we need the following information:
• The name and address of the applicant

• A list of the goods and/or services for which the trademark is intended to be used

• A representation of the trademark (for figurative marks)

• A Statutory Declaration

How much does it cost?

Fees may vary depending on the number of classes you wish to claim. More information on classes of goods and the number and type of goods, please get in touch with us.

How long does the trademark protection lasts?

The registration of a trademark shall be for a period of 10 years but may be renewed from time to time in accordance with the law.

Patents

What is a patent?

A patent is a property right granted by to an inventor “to exclude others from making, using, offering for sale, or selling the invention” for a limited time in exchange for public disclosure of the invention when the patent is granted.

An invention is “an idea of an inventor which permits in practice the solution to a specific problem in the field of technology. An invention may be of or may relate to a product or process”.

Who can apply for a patent?

A patent may be applied for only in the name(s) of actual inventor(s).

What can and cannot be patented?

An invention is patentable if it is new, involves an inventive step and is industrially applicable.
Notwithstanding they may be considered as new inventions, what cannot be patented are:
• Discoveries, scientific theories and mathematical methods;
• Plant or animal varieties or essentially bilogocial processes for the production of plants or animals, other than man-made living micro-organisms, micro-biological processes and the products of such micro-organism processes;
• Schemes, rules or methods for doing business, performing purely mental acts or playing games;
• Methods for the treatment of human or animal body by surgery or theraphy, and diagnostic methods practised on human or animal body
Provided that the above shall not apply to products used in any such methods.

Is my invention patentable?

First, you are advised to review the list of what can and cannot be patented and determine if your invention falls into one of those categories.

Next, it is advisable to conduct a search of all previous public disclosures or prior art including, but not limited to previously patented inventions should be conducted to determine if your invention has been publicly disclosed and thus is not patentable. A search of foreign patents and printed publications should also be conducted. A registered patent agent is the most useful and helpful resource for assisting you in a patentability search as patent searching is a learned skill.

How long does the patent protection lasts?

Generally, the duration for a patent granted lasts for 20 years from the filing date of application.

However, for applications filed before 1 August, 2001, and was pending on that date, the duration of the patent granted on that application shall be 20 years from the date of filing or 15 years from the date of grant, whichever is the longer.

Whereas for patents granted before 1 August, 2001 and still in force on that date shall be 20 years from the date of filing or 15 years from the date of grant whichever is the longer.

How much does it cost?

Fees may vary depending on the type of patent application you submit. Fees may also vary according to the way you "claim" your invention. More information on filing fees and the number and type of claims, please get in touch with us.

What is a PCT application?

The Patent Cooperation Treaty (PCT) is an international agreement for filing patent applications having effect in many countries around the world. Although the PCT system does not provide for the grant of “an international patent”, the system simplifies the process of filing patent applications, delays the expenses associated with applying for patent protection in foreign countries, and allows the inventor more time to assess the commercial viability of his/her invention. Under the PCT, an inventor can file a single international patent application in one language with one patent office in order to simultaneously seek protection for an invention in the PCT member countries.