Patent Agent Malaysia โ€” Patent Drafting, Filing & Prosecution by Registered Agents

PROTECT YOUR INNOVATION

Patent Registration Malaysia

Secure exclusive rights to your invention with Malaysia’s trusted IP specialists

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Protect Your Invention with GVCO IP

Are you an inventor, startup, or business looking to protect your innovative ideas? At GVCO Intellectual Property, we specialize in Patent Registration in Malaysia, offering expert support throughout the entire process โ€” from consultation to successful grant of patent.

What is a Patent?

A patent is an IP right granted for new technology you have invented. It is legally enforceable and gives you the exclusive right to commercially exploit your invention for the term of the patent. You can also obtain patent protection overseas.

Why Patent Your Invention?

A patent gives you exclusive rights to your invention, allowing you to prevent others from making, using, or selling it without your consent. In Malaysia, patent protection can last up to 20 years from the filing date, offering long-term commercial advantage and market security.

What Can Be Patented in Malaysia?

In Malaysia, an invention must meet the following criteria to be patentable:

  • Novelty โ€“ The invention must be new and not disclosed anywhere in the world before the date of filing.
  • Inventive Step โ€“ It must not be obvious to someone with technical knowledge in the field.
  • Industrial Applicability โ€“ The invention must be capable of being used in some kind of industry.

The Patent Registration Process in Malaysia

1.Initial Consultation

Speak with our IP consultants to determine if your invention qualifies for patent protection.

2.Patent Search

We will conduct a patentability search based on the information provided to assess if similar inventions exist in Malaysia or other parts of the world. Upon completion of the patent search, we will advise on the patentability of the invention.

3.Drafting the Patent Specification

Our expert patent drafters will prepare the required documents, including technical descriptions, claims, and drawings.

4.Filing with MyIPO

Once the Patent Specification has been finalized, we will assist you in submitting the application to MyIPO (Intellectual Property Corporation of Malaysia).

5.Substantive Examination

MyIPO will assess your application for compliance and patentability.

6.Patent Grant

Upon receiving the clear examination report from MyIPO, your patent is officially granted and published in the Government Gazette.

Frequently Asked Questions

What is a patent and what does it protect in Malaysia?
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A patent is an exclusive right granted for an invention โ€” a product or process that provides a new way of doing something or offers a new technical solution to a problem. In Malaysia, patents are governed by the Patents Act 1983 and administered by MyIPO. A granted patent gives you the exclusive right to commercially exploit your invention in Malaysia.

What are the requirements for patentability in Malaysia?
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An invention must meet three criteria to be patentable: (1) Novelty โ€” it must be new and not publicly disclosed anywhere in the world before filing; (2) Inventive step โ€” it must not be obvious to someone skilled in the relevant technological field; and (3) Industrial applicability โ€” it must be capable of being made or used in industry.

How long does it take to get a patent granted in Malaysia?
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The patent registration process typically takes 2 to 4 years from filing to grant. The process includes formality examination, substantive examination, and publication, before the patent is finally granted.

How long does a patent last?
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A patent is protected for 20 years from the filing date, subject to payment of annual renewal fees (annuities) to keep it in force. Once the 20-year term expires, the invention enters the public domain and can be freely used by anyone.

What’s the difference between a patent and a utility innovation in Malaysia?
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A utility innovation is an exclusive right for a minor invention that doesn’t require an inventive step (only novelty and industrial applicability). It’s suitable for incremental improvements. Utility innovations last 10 years initially, extendable for two further 5-year terms (20 years maximum), subject to use. They’re typically faster and cheaper to obtain than full patents.

Should I conduct a patent search before filing?
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Yes, strongly recommended. A pre-filing patent search helps identify prior art that could affect novelty and inventive step. It saves you the cost and disappointment of filing an application that’s likely to be rejected. Our team conducts comprehensive searches across MyIPO and international patent databases.

Do I need to file a patent before I commercialise my invention?
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Yes โ€” strongly recommended. Public disclosure of your invention before filing can destroy its novelty, making it unpatentable in Malaysia and most other jurisdictions. This includes product launches, trade show exhibitions, marketing materials, sales pitches, and online posts. While Malaysia provides a limited 12-month grace period for certain disclosures, this protection is not universal across countries. Always file your patent application before any public disclosure to preserve your rights worldwide.

What can I do if someone infringes my Malaysian patent?
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Patent infringement actions in Malaysia are pursued through civil court proceedings. Remedies include injunctions, damages, account of profits, and delivery up of infringing articles. The High Court of Malaya hears patent cases, and proceedings typically take 9 to 18 months. Our litigation team handles patent enforcement actions.

What’s the difference between a patent and a trade secret?
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A patent grants exclusive rights for 20 years in exchange for fully disclosing your invention to the public. A trade secret protects confidential business information indefinitely โ€” but only as long as it remains secret. Patents are best for inventions that can be reverse-engineered once on the market (e.g., mechanical devices, chemical compositions), while trade secrets are better suited to information that can be kept confidential (e.g., manufacturing processes, recipes, customer data). The choice depends on the nature of your invention and your commercial strategy. We can advise on the optimal IP protection mix.

Can I patent an improvement to an existing product?
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Yes, provided the improvement meets the patentability criteria โ€” novelty, inventive step, and industrial applicability. The improvement must be more than an obvious modification of the existing product. If the improvement is a minor invention that doesn’t meet the inventive step requirement, it may still qualify for utility innovation protection instead. Our patent agents can assess your improvement and recommend the most suitable form of protection.

Need Help with Patent Registration in Malaysia?

GVCO IP is here to guide you through the entire patent application process โ€” from eligibility assessment to drafting and filing with MyIPO.