• it is new
• it involves an inventive step
• it is industrially applicable

Non-Patentable Subject Matter:
An invention is not patentable if it contains the following:
discoveries, scientific theories and mathematical methods
plant or animal varieties or essentially biological processes for the production of plant or animals
schemes, rules or methods for doing business, performing mental acts

Features:
The mark should be distinctive or Capable of differentiation from another's goods or services.

Membership:
Malaysia is a member of the Paris Convention from 1989, whereby applications from convention countries will be subject to the same priority date in Malaysia.

Rule of Priority:
"First to Apply" is the rule followed by Malaysia in determining priority of patents.
 

MALAYSIA PATENT APPLICATION

1.Searching
This is the first step before an application is made to file a patent. Although a prior search is optional it helps in determining the existence of filed patents.

2.Application
Every applicant is required to submit an application to the registrar of patents containing   the following information :

• a request  for the grant of a patent;
• a description;
• a claim or claims;
• A drawing or drawings, where required; and
• An abstract

3. PreliminaryExamination
A preliminary examination will be conducted by the Registrar  and any amendments or observation on such findings has to be made by the applicant within three months from the date of mailing of the registrar's notification.

4.Substantive Examination
Every applicant has to file a request for a substantive or modified substantive examination, wherein the registrar will refer the application to the examiner. The examiner will then submit a report after examining the application for compliance of regulations. Once the applicant makes observations on the report or amendments as the case may be the examiner will again report to the registrar who will then process the application.

5.Registration
A patent is granted subject to the satisfaction to the registrar on successful completion of all mandatory obligations.

6.Protection
A patent once registered is valid for a term of 20 years and will be subject to protection depending on its further renewal

7. Enforcement Remedies
In infringement proceedings Courts often grant damages, injunctions or any other legal remedies  as they deem fit.

Patent Application In MALAYSIA