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.

• New
• Involve an inventive step
• Industrially applicable
• Other requirements : Technical in nature

• Discoveries, scientific theories and mathematical methods
• Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro-organism processes
• Schemes, rules or methods for doing business, performing purely mental acts or playing games
• Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body

Section 13 of Malaysian Patent Act

An invention is new if it is not anticipated by prior art. Grace period of disclosure occurred within one year preceding the date of the patent application and if such disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title.

• Everything disclosed to the public, anywhere in the world, by written publication, by oral disclosure, by use or in any other way, prior to the priority date of the patent application claiming the invention.
• The contents of a domestic patent application having an earlier priority date than the patent application to the extent that such contents are included in the patent granted on the basis of the said domestic patent application.

An inventive shall be considered as involving an inventive step if, having regard to any matter which forms part of the prior art such inventive step would not have been obvious to a person having ordinary skill in the art (POSITA).

• Exclusive rights
  Patents provide the exclusive rights and exploit the invention for twenty years from the date of filing of the patent application.
• Strong market position
  Able to prevent others from commercially using your patented invention.
• Higher returns on investments
  Intellectual property system may contribute to bring high rates of return on capital.
• Opportunity to license or sell the invention
  If you chose not to exploit the patent yourself, you may sell it or license the rights to commercialize it to another enterprise which will be a source of income for your SME.
• Increase in negotiating power
  If your SME is in the process of acquiring the rights to use the patents of another enterprise, through a licensing contract, your patent portfolio will enhance your bargaining power. That is to say, your patents may prove to be of considerable interest to the enterprise with whom you are negotiating and you could enter into a cross licensing arrangement where, simply put, the patent rights could be exchanged between your enterprise and the other.
• Positive image for your enterprise
  Business partners, investors and shareholders may perceive patent portfolios as a demonstration of the high level of expertise, specialization and technological capacity within your company. This may prove useful for raising funds, finding business partners and raising your company’s market value.

Any person may make an application for a patent or for a Utility Innovation either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes, for example, a company.

Invention is a new product or process that solves a technical problem. In order to invent, inventors first identify a need or problem. Then they will think of a creative way to solve the problem, and work hard to make that solution possible.

Innovation is the implementation of a new or significantly improved product (good or services), or process, a new marketing method, or a new organisational method in business practices, workplace organisation or external relations. There are four types of innovation which is:

• Product Innovation
  A good or service that is new or significantly improved. This includes significant improvements in technical specifications, components and materials, software in the product, user friendliness or other functional characteristics.
• Process Innovation
  A new or significantly improved production or delivery method. This includes significant changes in techniques, equipment and/or software.
• Marketing innovation
  A new marketing method involving significant changes in product design or packaging, product placement, product promotion or pricing.
• Organisational innovation
  A new organisational method in business practices, workplace organisation or external relations.

• Prohibited Marks
  If the use of which is likely to confuse or deceive the public or contrary to law.
• Scandalous or Offensive Matter
  If it contains or comprises any scandalous or offensive matter or would not otherwise be entitled to protection in any court of law.
• Prejudicial to the Interest or Security of the Nation
  Registrar bears the responsibility of determining the trade mark, whether it might be prejudicial to the interest or security of the nation. It may be that a mark contains an inflammatory statement or words.

• Origin
  A trade mark helps to identify the source and those linked for the products and services trade in the market.
• Choice
  A trade mark assists consumers to choose goods and services with ease.
• Quality
  Consumers define a certain trade mark for its known quality.
• Marketing
  Trade mark play a significant role in promoting. It’s common for consumers to make purchases based on continuous effect of advertising.
• Economic
  Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised.

Intellectual Proprietary privileges in relation to a trade mark may be established through actual use in the marketplace and registration provides for:

• Exclusive Rights
  Registered trademarks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.
• Legal Evidence
  Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.

Trade mark registration is valid for ten years from the date of application and may be renewed every ten years.

• Fulfil the interpretation of Industrial design
• New in Malaysia or elsewhere
• Not contrary to public order or morality

• A method or principle of construction
• The designs of articles depend upon the appearance of another article which forms an integral part of the article
• It differs only in immaterial details or features
• The features of the article are dictated solely by function

Owner of a registered design has the exclusive right to make, import, sell or hire out any article to which the design has been applied.

• A registered industrial design is given an initial protection period of 5 years from the date of filing.
• Extendable for a further four consecutive terms. The maximum protection period is 25 years.

Authors, Designers, Company or Individual(s).

• Literary works
• Musical works
• Artistic works
• Films
• Sound recordings
• Broadcasts
• Derivative works

• Legal Rights
  Author, copyright owner and performer is given an exclusive right to control under the copyright law. Legal rights that are given to them includes the rights to enforce their copyrighted works in cases for infringement either by civil or criminal action. In term of criminal prosecution, it is conducted by the Enforcement Division of Ministry of Domestic Trade, Cooperative and Consumerism (MTDCC) or Royal Malaysian Police.
• Economic Rights
  Economic rights that are given to right holders includes rights of reproduction, rights of communication to public, rights to perform, showing or playing to the public, rights of distribution and rights of commercial rental. This rights can be exercised during the period of protection governed under Copyright Act 1987. Economic rights allow the owner of rights to derive financial reward from the use of his works by the user or commercial purposes. Form of economic rights can be by way of assignment, licensing and testamentary disposition.
• Moral Rights
  Paternity Rights -
  This rights allows the author to claim the originality rights of his or her creation.
  
  Integrity Rights -
  This right authorizes the author to prevent any users from distortion, mutilation or other modifications of his or her works whereby the result of the modification will significantly alter the original work and adversely affect the author’s honour or reputation.

Whoever use any copyrighted works without consent or authorization from the author, copyright owner and performer, it may constitute an infringement under Copyright Act 1987. Amongst the act of infringement includes :

• Reproduces in any material form, performs, shows or plays or distributes to the public
• Imports any article into Malaysia for the purpose of trade or financial gains
• Makes for sale or rent any infringing copy
• Sells, rent or by way of trade, exposes or offers for sale or rent any infringing copy
• Distributes infringing copies
• Possesses, otherwise than for his private and domestic use, any infringing copy
• Exhibits in public any infringing copy by way of trade
• Makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies

• Biological material deposit (Budapest treaty) particularly for cases that requires PCT Filing.
• Preparation of Documents, Transportation of Sample and obtaining Accession No.

• Preparation of IP valuation report based the purpose of valuation either for assignment, licensing, merger & acquisition, collateral or financing purposes.
• Determination of damages for IP litigation.

• IP awareness: An introduction to IPR’s.
• IP an engine for economic growth.
• Promotion of innovation: The use of patent information.
• Patent drafting: A guide for beginners.
• Why SME? Why trademark? – (NSB)
• TRIZ Level 1

• Provide advisory on IP issues
• Assist client in ensuring the IPR is protected and advice on freedom to operate
• Provide expert opinions regarding infringement and patent validity
• Help our clients identify highly experienced litigation attorneys to meet their specific needs
• Preparing case analysis and comparison chart
• Assist in search of suitable Expert Witness