About Patent Law in Kuala Lumpur, Malaysia
Patent law in Kuala Lumpur, Malaysia falls under the jurisdiction of the Malaysian Intellectual Property Office (MyIPO). A patent gives the inventor an exclusive right to prevent others from manufacturing, using and selling their invention within Malaysia for a set period of time. It lasts for 20 years from the date of filing, provided the annual fees are paid. Patents are territorial, meaning they are only protected in the country where the patent has been granted.
Why You May Need a Lawyer
Securing a patent can be a complex process, which involves preparing a comprehensive document called a patent specification - describing your invention in detail. A lawyer can help you draft this document to minimize any issues with patent infringement. Lawyers can also help you during the patent application process, guide you on the interpretation of patent laws, help you to license or sell your patent, and represent you in court in case of patent infringements.
Local Laws Overview
Under Malaysian law, the first person to file a patent application owns the rights to an invention, regardless of who actually invented it. Also, the invention must be new, involve an innovative step and be industrially applicable. There are certain types of inventions that cannot be patented, such as discoveries, scientific theories, and mathematical methods. To ensure the legality and protection of your patent, it's advised that you fully understand and comply with local laws.
Frequently Asked Questions
1. How long does it take to obtain a patent in Kuala Lumpur, Malaysia?
Typically, it takes about 2 to 3 years from the date of filing to obtain a patent in Malaysia. However, it could take longer or shorter depending on the specifics of your case.
2. Can I use my Malaysian patent internationally?
No, a Malaysian patent is only valid within Malaysia. To get international patent coverage, you need to apply via the Patent Cooperation Treaty (PCT) or the European Patent Convention (EPC).
3. What should I do if my patent has been infringed?
If you believe that your patent has been infringed, you should seek legal counsel. A lawyer can guide you on the best course of action, which may involve filing a lawsuit against the infringer.
4. Can a granted patent be revoked?
Yes, a granted patent can be revoked in certain circumstances, such as when there is evidence that your invention was already publicly known before the application or if the patent was granted to someone who did not have the right to it.
5. What are the benefits of getting a patent?
Getting a patent gives you the exclusive right to profit from your invention. This can create a competitive advantage, attract investment and may also be licensed or sold for additional income.
Additional Resources
For more information or assistance, you can consult the official website of the Malaysian Intellectual Property Office (MyIPO) or the World Intellectual Property Organization (WIPO). The Patent Act 1983 is the main governing law for patents in Malaysia.
Next Steps
If you need legal assistance with a patent matter in Kuala Lumpur, the first step is to consult with a lawyer who specializes in patent law. Prepare any documents or information related to your invention for your initial meeting. Don't disclose your invention publicly before getting a patent as it could affect its patentability. Remember, applying for a patent can be a lengthy and complex process, but with the right legal help, it can be managed more effectively.
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