Advising Procedures 1. Eligibility of applicant The owner of an individualor a company who own the invention is eligible to apply for a patent. 2.
Governing BodyAn application for a patent must be filed with the Patent Registration Officeof the Intellectual Property Corporation of Malaysia (MyIPO). The PatentRegistration Office is responsible for the administration, processing and registrationof patents and certificate for utility innovations. The application may besubmitted to the Patent Registration Office by hand mail or through an onlinefiling system. 3. Information and documentrequired To file an application, theapplicant is required to lodge the following with the Patent RegistrationOffice.
The applicant will need toprepare a Form 1 for an application for a patent with the information. Thefirst information is the name, address and the nationality of the applicant.This may consist one or more applicant information.
Second information is theinventor information with the name and the address. This may also consist oneor more inventor information. The last information that include in the applicantis the priority details, for example: the filing date, application number andcountry of an earlier application from which priority is claimed. The lastinformation only applies if applicant has filed an earlier application for thesame invention. The second document applicant will need to prepareis a patent specification consisting of description of the invention, and oneor more set of claims.
Applicant may also present an abstract and drawings if theymust. The last document is the payment of theprescribed filing fee. Additionally, if applicant have the followingdocument are also required to be submitted to the Patent Registration Office. Thesedocuments are the Form 17 for the appointment of Patent Agent and the StatementJustifying the Applicant’s Right to a Patent. 4. Appointment of Patent Agent A patent agent is a specialises in patent work.
Patent agent advises on the patentability of an invention, conduct patent searches,prepare the patent specification and handles the filing and prosecution of patentapplications amongst others. An applicant may file an application on his ownbehalf or he could choose to appoint a registered patent agent to handle the filingand prosecution of his application. It is advisable for applicant to seek forthe services of a registered patent agent to assist with his application. It is important for the applicant to understandthe patent prosecution process is lengthy and involves several steps whichrequire appropriate actions to be taken in a timely manner. Failure may resultin unfavourable consequences for the applicant, if will leading to he refusalof the patent application. Engaging an experienced patent agent could reduce risksor burden for the applicant. For foreign applicant, they are required toappoint a local patent agent to act on their behalf.