Filing Patents & Trademarks in Malaysia

Malaysia provides adequate protection in the field of industrial property for local and foreign investors. Patent protection in Malaysia is governed by the Patents Act 1983 and the Patents Regulations 1986.

Under the Act and Regulations, an application for a patent can be made directly in Malaysia and registration is effective for the whole of Malaysia. Similar to the provisions in the legislations of other countries, an invention is patentable if it is new, involves an inventive step and is industrially applicable.

The Act provides that a patent shall expire 15 years after the date of its grant. The owner of a patent has the right to exploit the patented invention, to assign or transmit the patent, and to conclude licence contracts. Malaysia is a signatory of the Paris Convention thus providing further safeguards in the field of industrial property in the country. Malaysia’s industrial property laws accord the same treatment for both nationals and foreigners.

Trade mark protection in Malaysia is governed by the Trade Marks Act 1976 and the Trade Marks Regulations 1997. The Act modeled along the Acts of some of the industrialized countries provides effective and adequate protection for registered trade marks in Malaysia.

Although in some countries and in some situations a mark may be protected without registration, it is generally necessary for effective protection that a mark be registered in a government office. If a trade mark is registered, no person or enterprise other than its owner or authorized users may use it, otherwise infringement actions can be taken against them. The protection of a trade mark is not limited in time, provided its registration is periodically renewed, every 10 years and its use continues. Amendments have also been made to the Trade Marks Act and Trade Marks Regulations to provide for the registration of Service Marks.