The Trademarks Bill 2019 was passed in parliament this year.
I have 16 years experience in preparing patent applications for Malaysia universities, agencies and SMEs. According to Patents Act, utility innovation provides protection for innovation that does not need to fulfill inventive step.
Utility innovation is known as utility model in Germany, Japan and China. China made use of utility model to introduce many innovations to the market. Utility model is cost effective - there is no mandatory substantive examination. Innovators can get a grant in 6-12 months and market their innovation.
Currently, Malaysia utility innovation needs substantive examination. It takes at least 4 years to get the grant. Malaysia innovators have trouble commercializing innovation without the grant.
I propose the following provisions for utility innovations:
1. Remove requirement for substantive examination for utility innovations
2. Introduce post grant substantive examination as requirement for enforcement. Currently, most defendant in patent litigation files invalidation proceeding.
3. Allow multiple claims. I don't understand why Malaysia limits utility innovation to single claim when other countries allow multiple claims. It would be difficult for the same innovation to be protected in other countries.
Benefits of proposed utility innovation:
1. Applicants can save substantive examination fees
2. Applicants can save fees in replying to patent examiner
3. Applicants can gain utility innovation in relatively quick time so that it can be marketed quickly
4. Applicants get same rights as patent rights to make, use, and sell innovation
5. Innovation has multiple claims to fall back if main claim is invalidated
6. Patent examiners to be relived burden of examining utility innovation
I believe these provisions will help innovators to launch innovation in market. We need innovation to boost entrepreneurship and SME.