Patents Act 1983
(Act 291)

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

Registering a Patent in Malaysia

Patent applications are filed with the Patent Registration Office under MyIPO. The process rewards early filing — Malaysia operates a "first-to-file" system, so the date your application is received generally determines priority over later applicants for the same invention.

1. Conduct a prior-art searchBefore filing, search existing patents and published material to confirm your invention is genuinely new. A patent agent can run professional searches through MyIPO and international databases.
2. Prepare the specificationDraft a complete patent specification — a description of the invention, claims defining the scope of protection, drawings where relevant, and an abstract. The claims are the most critical element, as they define exactly what is protected.
3. File the applicationSubmit the application to MyIPO, either directly or, for international protection, through the Patent Cooperation Treaty (PCT) route. A filing date is accorded once minimum requirements are met.
4. Request substantive examinationWithin the prescribed period, request substantive examination. MyIPO examines whether the invention is new, involves an inventive step, and is industrially applicable.
5. Respond to examination reportsThe examiner may raise objections. The applicant (usually through a registered patent agent) responds, amends claims if needed, and argues for grant.
6. Grant and renewalOnce granted, the patent is published and protection runs for 20 years from the filing date — provided annual renewal fees are paid to keep it in force.

Patents vs Utility Innovations

The Act offers two tiers of protection. A standard patent requires an inventive step — the invention must not be obvious to a person skilled in the relevant field — and lasts up to 20 years. A utility innovation is a second-tier right for incremental improvements that may not meet the full inventive-step threshold; it is well suited to practical, minor innovations and offers protection for an initial term renewable up to a maximum of 20 years under the post-2022 framework.

Importantly, patent rights are territorial. A Malaysian patent protects the invention only within Malaysia. Businesses seeking protection in export markets must file separately in each jurisdiction, or use the PCT to streamline filing across multiple countries from a single international application.

Patents Act FAQ