Enquiry on Requirement of Absolute Novelty in Malaysia

Question:

1.    I understand that absolute novelty is required in Malaysia, yet a 1 year grace period preceding the filing date applies.  Does this grace period apply to publication, use, or both?

 

2.     Is the grace period worldwide or only in Malaysia?

 

3.    Is the grace period only granted for use by the owner of the patent or the inventor?

 

SECTION 14. NOVELTY

(1) An invention is new if it is not anticipated by prior art.

(2) Prior art shall consist of-

            (a) 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;

            (b) The contents of a domestic patent application having an earlier priority date than the patent application referred to in paragraph (a) to the extent that such contents are included in the patent granted on the basis of the said domestic patent application.

(3) A disclosure made under paragraph (2) (a) shall be disregarded –

            (a) if such 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;

            (b) if such disclosure occurred within one year preceding the date of the patent application and if such disclosure was by reason or in consequence of any abuse of the rights of the applicant or his predecessor in title;

            (c) if such disclosure is by way of a pending application to register the patent in the United Kingdom Patent Office as at the date of coming into force of this Act.

Answer:   

1.    Yes, the grace period of one year is allowable. As stated in Para (2) above, the grace period applies to any kind of disclosure; either publication or use; or both.

 

2.     World-wide novelty (including Malaysia) will apply. 
 

3.     From Para (3) above, the grace period applies to all kinds of disclosure which can include use, written or publications; both applicant and/or the predecessor (inventor).

          

For more information, contact us at: malaysia@mirandah.com