IN the previous posts on copyrighting, we have touched on five types of intellectual property that can be registered by consumers, which are patents, trademarks, industrial designs, geographical indications and copyrights.
Now that we assume you, the readers, are alert and clear on the importance of registering your trademark, let’s touch on another important step in securing your product in the market: PATENT.
Right, so what is a ‘patent’?
A patent is the monopoly property right granted by a government to the owner of an invention.
This allows the creator and subsequent owners to prevent others from making, using, offering for sale or importing their invention into the country for a limited time; in Malaysia, a patent is protected for a period of 20 years!
And China has spearheaded the value of invention patents with a record-breaking over a million submissions in 2016 alone, according to an annual report by the World Intellectual Property Organization (Wipo).
The Republic, well known for the manufacture of counterfeit goods, has been serious about the patent.
Recently, they took drastic action with the announcement of blocking Apple’s entry into the local market.
China has already blocked access to Apple’s iBookstore and iTune Movies services not too long ago.
The court here also ordered Apple to suspend the sale of iPhone 6 and 6 Plus following the legal barrier filed by a company in Shenzen. All because of a patent!
According to reports, the iPhone has infringed design patents for the Shenzhen Baili company produced 100C model.
The company claims that the iPhone 6 and the iPhone 6 Plus only have a ‘subtle difference’ with 100C causing many customers failing to recognize and confuse these two types of devices.
Thus, the case is being cited in the patent protection category of the said authorities of the Intellectual Property Office of Beijing.
Sales went on pending the decision of the Beijing court when Apple appealed to the decision.
It is crucial to understand that patent registration is very important to ensure that your inventions are not imitated as well as to prevent others from using or selling such products in Malaysia.
You can register your patent at the Intellectual Property Corporation of Malaysia (MyIPO)
However, the patent registration in Malaysia only entitles protection in the country only.
If you want to expand your protection to another country then you have to register in every country you want.
Sadly, patent registration in Malaysia is still low compared to developed countries.
In South Korea, its largest company, Samsung, has over 25,000 patents registered while in Japan through the world’s second-largest printing press, Typhoon Printing Company has produced 1,300 patent applications since 1998.
Likewise with the famous Massachusettes Institute of Technology (MIT), having a large number of patents among institutions of higher learning in the United States.
There are not many small and medium enterprises (SMEs) who realizes the importance of registering their respective patents so that there is no dispute in both inside and outside the country.
In addition to the lack of awareness, most of them feel such a process as expensive and cumbersome.
In fact, more SMEs need to register their product designs at MyIpo for the purpose of protecting their intellectual property prior to commercialization.
In developed countries, Malaysia is still way behind Japan, the United States, Europe, China and Singapore in protecting their product patents.
If awareness on registering their product patents can be enhanced, the intellectual property of a company can be protected, thereby providing strength and increase productivity and profitability to the company.
The key constraints faced by SMEs in the country are the costs of filing their own product design patents.
Most industry players think that the process of filing their respective product patents to MyIPO is costly, however, it is very much on the contrary.
So, what is the total cost of patent application and utility innovation?
The cost of a patent application is only RM1,390!
You need to be aware that the cost of filing a patent should be regarded as an investment because of the lucrative returns offered over the long term.
There are many cases where entrepreneurs begin to lose their competitors and realize their patents have been ‘robbed’ before that they have never ignored the recommendation to register the patent.
What will happen next?
When your patent is registered, you have the right to use a patented invention or to license another person to use the invention.
You are also allowed to sell the right to others who will be the new owner of the invention.
And another important note: before applying for patent protection, make sure the inventions are brand-new and have never been produced.
Where do I sign up?
You can search online at IP online search at https://iponline.myipo.gov.my/iponline, or alternatively, go to the head office or any of MyIPO offices. It’s that easy!-MYNEWSHUB.CC