Patent Services FAQ

• How do I know if my invention is patentable? 

To be patentable, an invention must be New (not disclosed anywhere in the world), involve an Inventive Step (not just a simple modification) and be Industrially Applicable. We conduct prior art searches to confirm this before you spend money on filing. 

• What if I disclose my invention before filing? 

Generally, public disclosure destroys novelty, making the invention unpatentable. However, Malaysia allows a 12-month grace period if the disclosure was made by you. We can advise on whether you can still save your rights. 

• Why is professional drafting critical? 

The “Claims” section of a patent defines the boundary of your monopoly. If drafted too narrowly, competitors can design around it. If drafted too broadly, it may be invalidated. Professional drafting ensures your protection is both valid and commercially useful. 

• Can I protect my invention internationally? 

Yes, but patent rights are territorial (a Malaysian patent only protects you in Malaysia). You can protect your invention globally via the Patent Cooperation Treaty (PCT) or by filing individual applications in target countries within 12 months of your first filing. 

• What if someone infringes my patent? 

You have the right to stop them and claim damages. Remedies include injunctions (court orders to stop selling), seizure of goods and monetary compensation. We help you choose the most cost-effective path, whether it’s negotiation or litigation. 

• How long does patent protection last?  

A standard patent lasts for 20 years from the date of filing, provided you pay the annual renewal fees (annuities). If these fees are not paid, the patent will lapse and the invention will enter the public domain. 

• Can I patent software or a business idea?  

Generally, “schemes, rules or methods for doing business” and “computer programs per se” are not patentable in Malaysia. However, if your software provides a technical solution to a technical problem (e.g., controlling a machine), it may be patentable. Otherwise, software is typically protected under Copyright.  

• What is the difference between a Patent and a Utility Innovation?  

A Utility Innovation (UI) is often called a “petty patent.” It is suitable for minor improvements that may not meet the strict “Inventive Step” threshold required for a full patent. A UI is generally faster to grant and protects the invention for 10 years (extendable to 20 years), but it allows for only one specific claim.  

• Should I patent my invention or keep it as a Trade Secret? 

It depends. A patent gives you a monopoly but requires you to publish how your invention works. A Trade Secret (like the Coca-Cola recipe) lasts forever as long as it remains secret, but it offers no protection if someone else independently invents or reverse-engineers it. We can help you decide which route is better for your business. 

• Who owns the patent if an employee invents it?  

Under Malaysian law, if an invention is created by an employee in the course of their employment, the rights usually belong to the employer, unless there is a contract stating otherwise. It is crucial to have clear employment and IP assignment agreements in place to avoid disputes.

This article is written by 

Azarith Sofia Binti Aziz
Principal Associate, Low & Partners