A patent is an exclusive right granted for an invention — 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.

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

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.

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.

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.

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.

Yes — 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.

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.

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 — 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.

Yes, provided the improvement meets the patentability criteria — 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.