How to Protect Your Invention?
New product development is a long term investment in time, money, and human resources. Hence, the end-product or invention, which determines your company’s survival,
needs to be protected at all costs. In Malaysia, you can protect your company’s invention via these 3 methods:
Patent
A patent is an exclusive right granted for an invention. With patent protection, no other party can manufacture, use, or distribute your company’s invention without your
permission. Patent protection is usually granted for a limited period of 20 years. During this time, your company may permit or licence other parties to use your inventions as you see fit.
In Malaysia, patent protection is governed by the Patents Act 1983 effective from 1 October 1986. Patent application can be made through the Malaysian Intellectual Property Corporation (MyIPO).
Trademark
A trademark is a distinctive sign identifying goods/services produced or provided by an individual or a company. It can comprise a word, phrase, symbol, design,
or any combination of these elements. Trademark helps your target consumers identify and purchase your product. It is also a reflection of your company brand and
quality manifestation. With trademark protection, your company has the exclusive right to use the trademarks, or authorize other parties to use them in return for payment.
Trademark protection in Malaysia is governed by the Trade Marks Act 1976 and the Trade Marks Regulations 1997. New applications filed on or after 15 February 2011
and trademarks already registered as at this same date will come under the purview of the Trade Marks (Amendment) Regulations 2011. Registration of a trademark must be filed with MyIPO.
Copyright
If your company deals in works by artists or architectural services, copyright is your concern. Copyright covers literary works, films, music, artistic works such as drawings, paintings,
photographs and sculptures; and architectural design. Copyright laws grant authors, artists and other creators protection for their literary and artistic creations, This protection also
extends certain basic rights to the creators’ heirs and successors. They hold the exclusive right to use or authorize others to use the work on agreed terms.
The governance of copyright in Malaysia comes under the Copyright Act 1987. Formal registration is not mandatory, but it is highly recommended that the creation of the work and
its ownership are properly documented. A simple copyright claim notification with the symbol © including the ownership details and year of publication would suffice. The protection
period for literary, musical or artistic works published during the author’s lifetime is for the life of the author and another 50 years after his/her death.
It is important to seek legal protection for your company’s invention to deter counterfeiting, misuse, and misrepresentation. With proper protection, you can preserve
your company’s reputation and revenue stream. Make the smart choice today, contact IPRXpert at +(603) 9054 2405 for a comprehensive consultative session.