Prior to 1983, intellectual property rights (IPR) in Malaysia was administered by Pejabat Cap Dagangan dan Jamin hak. This Office changed its name to Pejabat Cap Dagangan dan Paten in 1983 and was placed under the jurisdiction of the then Ministry of Trade and Industry.
On 27 October 1990, the Ministry was restructured and the Office was placed under the Ministry of Domestic Trade and Consumer Affairs which is now known as Ministry of Domestic Trade, Co-operative and Consumerism and changed its name to Intellectual Property Division. The Division was tasked to administer Patents Act 1983, Trade Marks Act 1976, and Copyright Act 1987.
The Industrial Designs Act 1996 came into force in 1999, followed by the Layout-Designs of Integrated Circuits Act 2000. In 2001, the Geographical Indications Act 2000 came into force.
To respond to the development of intellectual property at domestic and global levels, the Division was corporatized on 3 March 2003 and known as the Intellectual Property Corporation of Malaysia (PHIM), with the enforcement of the Intellectual Property Corporation of Malaysia Act 2002.
The Corporation took an important first step of rebranding when the acronym PHIM became MyIPO on 3 March 2005 at the inaugural National Intellectual Property Day.
- establishing a strong and effective administration;
- strengthening intellectual property laws;
- providing comprehensive and user-friendly information on intellectual property;
- promoting public awareness programmes on the importance of intellectual property; and
- providing advisory services on intellectual property
The administration of MyIPO is headed by a Director General and assisted by two Deputy Director Generals.
The structure of the organisation consists of divisions and units as listed below:
- Patent Division
- Trade Mark Division
- Industrial Design Division
- Geographical Indications Division
- Copyright and Layout-Designs of Integrated Circuits Division
- Planning and International Relation Division
- Management Services Division
- Information Technology Division
- Corporate Communication Division
- Legal Advisory Unit
- Internal Audit Unit
- Corporation Secretary
- Intellectual Property Training Centre
- MyIPO Southern Office (Johor Bahru)
- MyIPO East Coast Office (Kuantan)
- MyIPO Northern Office (Penang)
- MyIPO Malacca Office
- Sabah Branch
- Sarawak Branch
What is Patent?
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
What is Utility Innovation?
A utility innovation is an exclusive right granted for a “minor” invention which does not require to satisfy the test of inventiveness as required of a patent.
Who May Apply?
Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes, for example, a company.
How can a patent or utility innovation be protected?
An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess whether it meets the requirements of the Patents Act 1983.
Why Protect an Invention?
A patent or utility innovation protection gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner’s invention in Malaysia without the owner’s consent or permission.
Term of protection
A patent is protected 20 years from the date of filing and a utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.
National Security (Section 23A and 62A )
For reasons of national interest and security, any Malaysian resident wishing to apply for a patent or certificate protection outside Malaysia must first seek written authority from the Registrar. However, written authority is not required if a corresponding Malaysian patent/certificate has been applied for, and a period of at least two months has elapsed since filing.
Section 62A : Contravention of Section 23A is an offence and is punishable (upon conviction) by a fine not exceeding 15,000 ringgit or imprisonment for a term not exceeding two years, or both.
Discoveries, scientific theories and mathematical methods;
Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro-organism processes;
Schemes, rules or methods for doing business, performing purely mental acts or playing games;
Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
For a patent to be granted an invention must be :
new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
industrially applicable, meaning it can be mass produced.
Intellectual Property Corporation of Malaysia