Patent protection in Malaysia is governed by the Patents Act 1983, and is obtainable by either or filing a direct national application or entering the national phase of a Patent Cooperation Treaty (PCT) application. There are two patent classifications that an applicant can choose upon application, the standard patent or design patent and the utility patent. With regards to Malaysian Patent Application Requirements, the applicant has to file the patent with the Intellectual Property Corporation of Malaysia (MyIPO), in Kuala Lumpur, or at the branch offices located in Sabah and Sarawak. According to information available in MyIPO website, any person or a company may apply for a patent by applying for an application for standard patent. The life time for standard patent is 20 years. While every case is different, patent application generally consists of two phases. The first phase is the patent application submission to MyIPO. The minimum requirement or information required for securing a filing date includes: a) name and address of the applicant, name, b) address and citizenship of the inventor, c) the “specification”, comprising of invention title, invention's history, accompanying drawings, details of the invention in English, description in broad terms and teaches the public how to make and use it d) a set of one or more “claims” which are certified priority document and power of attorney that describes exactly the products or processes that would be protected by the patent. These claims are the essence of an invention and, as such, applicants should pay special attention to documenting their claims to ensure that they obtain the broadest protection possible for their invention. After filing a patent application ... ... middle of paper ... ...ention of his famous stove, quoting “... as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours; and this we should do freely and generously.” At the end of the day, the decision on if and how intellectual property (IP) protection is sought must be made in the context of an organizations IP strategy and keeping in line with the organization goals and objectives. For company who prefer to compete in the free market, copyrighted software is sufficient in protecting the legal rights of the software created. For company whose main objective is to collect licensing rights and back end deals that comes with patent protection, than it is advisable to seek for patent protection. For me, a copyright is more than sufficient to acknowledge an invention and the inventor’s rights to claim.
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
"United States Patent and Trademark Office" Wikipedia, the Free Encyclopedia. 4 May 2005. Wikipedia. 7 May 2005.
To prevent others from using, making, importing or selling the invention without his permission, a patent is the right granted to the invention's owner. A invention would be patentable if it is a product or a process that provides a problem a new technical solution. It can also be the composition of a new product, a new method of doing things, or even a technical improvement on how certain objects work. A patent's term is 20 years from the date of filing and is subjected to the payment of annual renewal fees once it is granted.
Patents are defined as “a government license that gives the holder exclusive rights to a process, design or new invention for a designated period of time” (Reference 1). When an individual comes up with a product, a composition, machine, process or an improvement to the aforementioned aspects, they can apply for a patent. The government may approve of a patent if it fits certain criteria. Patents need to be innovative, useful and not obvious to others.
The laws related to patents, copyrights, trademarks, and trade-secret/secrecy-agreements are the vehicles available in our legal system for the protection of Intellectual property. Broadly speaking, these four distinct areas of the law apply to the following kinds of intellectual property:
There are 3 types of recommendation to solve the patent insistently with two short term and one long term solution.
In Malaysia, the industrial estates are scattered across of 13 states and federal territory- Kuala Lumpur. Home to small medium industry activities to large and heavy industry as well as specialised industry form Halal industry related to food processing to biotechnology and high technology industry.
Malaysia is located in the south-eastern Asia, bordering Thailand and northern one-third of the island of Borneo, bordering Indonesia, Brunei, and the South China Sea, south of Vietnam. Due to its locations, it has been colonised since the late 18th centuries by many countries. Since 1965, Malaysia has had one of the best economic records in Asia, with GDP average of 6.5% growth for almost 50 years. The economical development especially boosted during 1981 and 2003 under the governance of Prime Minister Mahathir bin Mohamad. Malaysia succeeded in diversifying its economy from dependence on exports of raw materials to expansion in manufacturing, services, and tourism. Also, the current Prime Minister continues to pursue pro-business policies .
The rights are awarded to patent candidates in exchange for the public disclosure of the invention. To obtain a patent, the creator must file patent forms in every country in which they want an invention to be patent. A different form has to be filed in Japan, the United States, India and China if the creator wishes to obtain patents in those countries.
Malaysia has one of the highest standards of living in Southeast Asia and a very low unemployment rate (3%). A large income of Malaysia comes from exporting palm
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
As we said above patents grant exclusive rights to an invention or a process of making and invention. So what does a patent cover? Chemical patents cover the structure of a molecule and also the process in which the molecule is made. This is a good thing for pharmaceutical companies who take out these patents as they can regulate the market. Because these companies own the rights of a molecule or drug exclusively they can restrict competition from competitors. Companies that have patents on drugs have the added benefit that they are the sole distributor of that drug and all profits go to them. Other companies cannot repl...
The Patents Act 1990 establishes the basis of the patent system in Australia. Like other patent systems around the world, the grant of a patent is reliant on an alleged invention satisfying, among others, the criteria of novelty and non-obviousness.
Malaysia biggest problem is the environmental pollution. Although people already know how harmful these things are but they still go on. The three main pollution that happen in Malaysia are air pollution, water pollution and land pollution. Mostly pollution effect by the air conditional that release CFC’s gasses, rubbish that been thrown to the rival and open burning. All of this pollution will be link to all kind of diseases, sickness, bacteria and virus. For an example lung cancer that will happen to people cause by breathing the polluted air that been create by Malaysian themselves.
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20