Definition:

A patent is an exclusive right granted for an invention (a product or a process) that provides a new way of doing something. A patent is protected for 20 years from the date of filing.

Criteria:

The invention must be:

• New/novel
• Inventiveness (ie: the invention must not be obvious to someone with knowledge and experience in the technological field of such invention);
• Capable of industrial applicable (ie: means it must be able to be mass produced, a mere idea or theory is not patentable)

* If you fail the inventiveness test, you may still be eligible to apply for “utility innovation”, which is an exclusive right granted for a “minor invention”.

* If an employee comes out with an invention during the course of business, the patent lies with the employer. This is why sometimes you might find the inventor and applicant are different individuals because the inventor is the employee and the applicant is the employer.

* Before preparing a patent application, it is prudent to conduct a patent search to check the newness and inventiveness of your alleged invention or innovation.

XXX Non-Patentable Invention:

• Discoveries, scientific theories and mathematical methods;
• Methods for the treatment or diagnostic of human or animal body by surgery or therapy.
• Plant or animal varieties or essentially biological processes to produce plants or animals.
• Schemes, rules or methods for doing business, purely mental acts or playing games.

Three Key Features under Patent Specification:

1. “Abstract”

The abstract is a succinct summary of the patent disclosure, summarising the description and claims (preferably not more than 150 words), accompanied by a figure/drawing of the patent (if any). The abstract should not contain statements on the alleged merits or value of the invention.

2. “The Claims”

The claims should clearly define the legal criteria and the scope of the patent protection. Make sure you obtain professional service to help you with the drafting. A patent application may be rejected if the claim is drafted poorly and too broadly, resulting in a lack of novelty or inventiveness. Alternatively, a claim drafted too narrowly may allow competitors to “copy” your invention without infringing the claim.

3. “Description”

The description should clearly and completely describe the patent to enable a person having ordinary skill in the art to carry out the invention. A standard format of “description” shall contain:

• “Title” – indicate the core subject matter to which the invention relates.
• “Technical Field” – a broad statement describing the art or technology to which the invention relates.
• “Background Art” – a summary of any background art known to the applicant which may be useful for understanding the invention/innovations.
• “Disclosure of Invention” – includes a statement of the essential features of the invention, outlining the advantages that the invention offers.
• “Specification Example” – includes a description of the best mode contemplated by the applicant for carrying out the invention, using examples or drawings where appropriate.
• “Industrial Applicability” – clearly indicate the way in which an invention is industrially applicable.

A sample of Patent Specification can be found here. For more information, kindly visit the Official Portal of Intellectual Property Corporation of Malaysia (MyIPO).