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  • Essay / Patent Protection in Malaysia - 1307

    Patent protection in Malaysia is governed by the Patents Act 1983 and can be obtained either by filing a direct national application or by entering the national phase of a Patent Cooperation Treaty (PCT) application. There are two patent classifications that an applicant can choose from when applying, the standard patent or design patent and the utility patent. Regarding Malaysian patent application requirements, the applicant must file the patent with the Intellectual Property Corporation of Malaysia (MyIPO). in Kuala Lumpur, or at branches located in Sabah and Sarawak. According to the information available on the MyIPO website, any person or company can apply for a patent by filing a standard patent application. The standard patent lifespan is 20 years. Although each case is different, the patent application generally consists of two phases. The first phase is the submission of the patent application to MyIPO. The minimum requirements or information required to obtain a filing date include: a) the name and address of the applicant, the name, b) the address and citizenship of the inventor, c) the “specification”, including the title of the invention, the history of the invention, the accompanying drawings, the details of the invention in English, the description in general terms and teaches the public how to make and use it d) a set of one or more "claims" that are certified as a priority document and power of attorney that describes exactly the products or processes that would be protected by the patent. These claims constitute the essence of an invention, and as such, applicants should pay particular attention to documenting their claims to ensure that they obtain the broadest possible protection for their invention. After filing a patent application...... middle of paper. .....mention of his famous stove, quoting "...as we enjoy great advantages through the inventions of others, we should be glad to have the opportunity to serve others through any of our inventions; and we must do it freely and generously. » Ultimately, the decision as to whether and how intellectual property (IP) protection is sought must be made in the context of an organization's intellectual property strategy and in accordance with the objectives of the organization. and objectives. For companies that prefer to compete in the free market, copyrighted software is sufficient to protect the legal rights of the software created. For businesses whose primary goal is to collect licensing fees and back-end agreements with patent protection, it is advisable to seek patent protection. To me, a copyright is more than enough to recognize an invention and the inventor's rights to claim.