Protecting Inventions in Malaysia
The Patents Act 1983 is Malaysia's foundational legislation for patent protection. It governs the registration of patents for new inventions — both products and processes — and grants patent owners the exclusive right to exploit their invention commercially, assign or transmit the patent, and take legal action against infringers.
As part of Malaysia's MSC Cyberlaw framework, patent protection is critical to fostering the innovation and R&D activity that the MSC ecosystem depends upon. Technology companies operating within the MSC benefit directly from a robust patent regime that protects their inventions and encourages continued investment in research.
What the Act Covers
- An invention is patentable if it is new, involves an inventive step, and is industrially applicable
- Non-patentable subject matter includes discoveries, scientific theories, mathematical methods, plant and animal varieties, and essentially biological processes
- Patent owners hold exclusive rights to exploit the invention, license it to third parties, and institute infringement proceedings
- Patents are valid for 20 years from the filing date, subject to annual renewal fees
- The Act also provides for utility innovations — a second-tier protection for incremental improvements with a lower inventive step threshold
- Government rights provisions allow the state to use patented inventions for national interest in certain circumstances
- The Patent Registration Office under MyIPO maintains the Register of Patents and processes all applications
Patents in the Digital Economy
Software & Technology Patents
As the MSC ecosystem focuses on software development, AI, and digital services, patent protection for technology processes and innovations is increasingly relevant to MSC-status companies.
IP Financing
Malaysia's IP Financing Scheme (IPFS) allows technology-based SMEs to use registered patents as collateral for financing — directly leveraging the Patents Act framework to unlock capital for growth.
WIPO Membership
Malaysia is a signatory to the Patent Cooperation Treaty (PCT) and a member of WIPO, enabling MSC companies to pursue international patent protection through a single application process.