INTELLECTUAL

PROPERTY
PATENTS IN MALAYSIA, UNITED STATES AND ASIA
TYPES OF PATENT IN MALAYSIA
A)PATENT
A patent is an exclusive right granted for
an invention, which is a product or a
process that provides a new way of doing
something, or offers a new technical
solution to a problem.

PATENTS IN MALAYSIA
B) UTILITY INNOVATION
A utility innovation is an exclusive right
granted for a "minor" invention which
does not require to satisfy the test of
inventiveness as required of a patent.

PATENTS IN MALAYSIA
DURATION OF PROTECTION FOR PATENT
A patent is protected 20 years from the
date of filing and a utility innovation is
protected 10 + 5 + 5 years from the date
of filing subject to use.

PATENTS IN MALAYSIA
WHAT KIND OF INVENTION CANNOT BE
PROTECTED IN MALAYSIA
1) A discovery, scientific theory or
mathematical method
2) Plant or animal varieties, biological
processes
3)Schemes, rules or method of doing
business
4) purely mental acts or playing games
5) Methods for the treatment of human or
animal body by surgery or theraphy
6) Diagnostic methods practiced on the
human or animal body

PATENTS IN MALAYSIA
CAN COMPUTER SOFTWARE BE PATENTED
IN MALAYSIA?
Generally in Malaysia, computer software
cannot be patented in Malaysia however
can seek protection under the copyright
law.

PATENTS IN MALAYSIA
PATENTS IN CHINA
TYPES OF PATENTS IN CHINA
A) PATENT FOR INVENTION
B) PATENT FOR UTILITY MODELS
C) PATENT FOR DESIGN

PATENTS IN ASIA- CHINA

WHAT IS THE DURATION FOR CHINA
PATENT
The duration for China Patent invention is
twenty years, the duration for utility
model and patent for design is ten years.
The duration counted from the filing date
in China.

PATENTS IN ASIA- CHINA

WHAT KIND OF INVENTION CANNOT BE
PATENTED IN CHINA?
Article 5 and 25 of the China Patent Law,
the following items are non patentable in
China:
1) any invention that is contrary to the
laws of the state or social morality or that
is detrimental to public interest
2) scientific discoveries

PATENTS IN ASIA- CHINA

3) rules and methods for mental activities
4) methods for the diagnosis for the
treatment of diseases
5) animal and plant varieties
6)substances obtained by means of
nuclear transformation
For processes used in producing products
referred to in items (4) of the preceding
para, patent right may be granted

PATENTS IN ASIA- CHINA

CAN COMPUTER SOFTWARE BE PATENTED IN
CHINA?
Computer programs as such cannot be
patented but maybe protected under the
Regulations on Computer Software Protection
formulated in accordance with Copyright Law
An invention containing a computer program
maybe patentable if the combination of
software and hardware as a whole can really
improve a prior art, bring about technical
results that create a solution.

PATENTS IN ASIA- CHINA

TYPES OF PATENTS IN KOREA
A) PATENT
B) UTILITY MODEL
A creation of technical idea using the rules
of nature regarding the shape, structure
or combination of subject utility model

PATENTS IN ASIA - KOREA

WHAT IS THE DURATION FOR KOREA
PATENT
The duration of protection for patent is
twenty years. However for utility model is
for ten years.

PATENTS IN ASIA- KOREA

WHAT KIND OF INVENTION CANNOT BE
PATENTED IN KOREA?
Under the Korean Patent Act and KIPO’s
requirements for patentability, the
following are not patentable in Korea:
1) any invention detrimental to public
order, morality and public health
2) scientific discoveries

PATENTS IN ASIA- KOREA

3) inventions not based on the law of
nature (e.g laws of economics or
mathematical methods etc)
4) arbitrary arrangements (e.g rules for
playing games)
5) mental activities
6)aesthetic effects (paintings, carvings)
7)animal and plant varieties
8) methods for medical treatment of the
human body

PATENTS IN ASIA-KOREA
CAN COMPUTER SOFTWARE BE PATENTED
IN KOREA?
Yes, but only if the software is recorded
on a storage medium (CD-ROM, disc etc)
and the combination of software and
hardware as a whole represents an
improvement over the prior art, has
technical results and constitutes a
complete technical solution.

PATENTS IN ASIA- KOREA

TYPES OF PATENTS IN THE UNITED STATES
A) UTILITY PATENTS – invention or discovery
of any new and useful process, machine,
article of manufacture or composition of
matter, or any new and useful improvement
B) DESIGN PATENTS- granted to anyone who
invents a new, original and ornamental
design for an article of manufacture
C) PLANT PATENTS- granted to anyone who
invents or discovers and asexually any
distinct and new variety of plant.

PATENTS IN THE UNITED STATES

WHAT KIND OF SUBJECT MATTER IS NOT
PATENTABLE IN THE US?
1) Laws of nature( e.g mathematical
methods or formula)
2) Physical phenomena
3) Abstract ideas
4)Artistic, musical or literary works
5)Not useful inventions
6)Inventions offensive to Public Morals

PATENTS IN THE UNITED STATES

TERM OF PROTECTION FOR PATENTS IN
THE UNITED STATES?
 A) Utility patents – 17 years from
issuance
B) Design Patents – 14 years from
issuance
C) Plant Patents – 17 years

PATENTS IN THE UNITED STATES

CAN COMPUTER SOFTWARE BE PATENTED
IN THE UNITED STATES?
Yes, computer software maybe patented
in the United States
Anything under the sun can be patented
under the U.S Law except those under the
non patentable subject matter

PATENTS IN THE UNITED STATES

QUESTIONS AND ANSWERS