Malaysia Patent Agent Drafting flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Patents Act 1983
- Malaysian statute (Act 291) governing patent grant, rights and revocation, substantially amended in 2000 and 2007, administered by MyIPO.
- Section 12 patentability
- Requires the invention to be new, involve an inventive step, and be industrially applicable, subject to the exclusions in section 13.
- Section 14 prior art
- Everything disclosed to the public anywhere by publication, use or otherwise before the priority date, subject to the 12-month grace period.
- Patent term
- Twenty years from the filing date, subject to payment of annual renewal fees; a certificate of grant issues on approval.
- Absolute novelty
- A single public disclosure anywhere in the world before the priority date destroys novelty; Malaysia applies a worldwide standard.
- Inventive step
- The invention would not have been obvious to a person having ordinary skill in the art having regard to the prior art.
- Industrial applicability
- The invention can be made or used in any kind of industry, including agriculture; abstract ideas fail this requirement.
- Section 13 exclusions
- Discoveries, scientific theories, mathematical methods, aesthetic creations, schemes, rules, business methods and presentations of information are not patentable as such.
- Medical treatment exclusion
- Methods of treatment or diagnosis practised on the human or animal body are not patentable, but products for such use may be.
- Section 38 sufficiency
- The specification must disclose the invention clearly and completely for a skilled person to perform it, and state the best method known.
- Unity of invention
- One application per invention or a group forming a single general inventive concept; lack of unity triggers a division requirement.
- Abstract
- A concise summary of the disclosure for information only; it does not affect the scope of protection and is typically under 150 words.
- Divisional application
- Filed for inventions not covered by the parent; retains the parent's filing and priority dates but cannot add matter.
- Purposive construction
- Claims are read in light of the description and drawings as a whole, resolving ambiguity without importing unclaimed limitations.
- Claim clarity
- A skilled person must be able to determine the scope of the claim; relative terms are assessed against the disclosure.
- Claim support
- Every claimed feature must be disclosed in or derivable from the description; broader claims risk insufficiency and invalidity.
- Post-grant amendment
- Permitted only to correct obvious errors or limit scope; broadening is not allowed and requires court or Registrar permission.
- Priority claim
- Must be made within 12 months of the first application and supported by a certified copy of the priority document.
- PCT national phase
- Entry in Malaysia within 30 months from the priority date, with translation, national fee and appointment of a registered agent.
- Foreign filing licence
- A Malaysian resident may need permission under section 34 before filing abroad for an invention made in Malaysia.
- Deferred examination
- Substantive examination must be requested; the applicant may rely on corresponding foreign search and examination results.
- Pre-grant opposition
- There is no pre-grant opposition in Malaysia; third parties may file observations, but revocation is by the court.
- Infringement acts
- Making, disposing of, offering for sale, using, importing or stocking the patented product, or using the patented process.
- Prior use defence
- A person who used the invention before the priority date may continue that use; the defence is limited to the same scope.
- Agent confidentiality
- All client information, including unpublished inventions, must be kept confidential indefinitely, not only during the engagement.
- Conflict of interest
- An agent must not act for two clients with competing interests in the same technology without informed written consent.
- Utility innovation
- Protection under the Utility Innovations Act 2001 for 10 years, extendable by 5+5, with a lower inventive-step threshold.
- Industrial design
- Protects the appearance of a product (shape, configuration, pattern, ornament), not its technical function, under the 1996 Act.
- Trade secret
- Protected by contract and the common-law duty of confidence; Malaysia has no standalone trade secret statute.
- Paris Convention
- Malaysia acceded in 1989; key principles are national treatment, 12-month priority right, and independence of patents.
- TRIPS Agreement
- Malaysia has been a WTO member since 1995; TRIPS sets minimum standards for patentability, 20-year term, and enforcement.
- Budapest Treaty
- Malaysia acceded in 2013; deposit of biological material with an International Depositary Authority satisfies the disclosure requirement.