First Malaysian in Space; to conduct Medical Experiments

Soyuz TMA-11 spacecraft was launched in Kazakhstan last night at 9.21pm Malaysian time. The honour of Dr Sheikh Muszaphar, an orthopedic surgeon, being the first Malaysian to be in space is well received in Malaysia. He is scheduled to perform medical experiments in space. He will conduct research which can lead to significant short- and long-term advances in many fields such as:

Cells in space: To study the effects of microgravity and space radiation on cancer cells with the aim of learning more about cell behaviour and activity, and tissue repair;

Microbes in space: To study the effects of microgravity and space radiation on bacterial growth, drug resistance and the genetic mechanisms controlling them; and

Protein crystallisation in space: To crystallise two proteins to study their molecular structures, and obtain new information for future industrial applications.

At last... Patent MY131072A

At last... patent MY131072A with my name on it as an inventor. My first attempt as an inventor. The application was filed in 1 Nov 2002. I was a researcher (employee) so I have to assign it to my employer. I learnt about patents and that is how I got myself involved in the patent industry. Later, I was head hunted by a patent lawyer to draft patent specifications. Since than I never look back having patents running in my blood and brains.

Hit by Computer Programs

I am constantly asked to prepare patent specifications for computer program. Our patent regulations follow the EPO's recommendation which allows computer programs to be patentable if it achieves a technical effect. I refer the US MPEP for computer program and it has a detailed explanation and classification showing the type of computer programs which are patentable. Allow me to summarize my interpretation in my own words. A computer program is patentable if it describes an UNKNOWN process to solve a technical problem. I highlight the UNKNOWN to my clients because computer programs are usually written with known process. The act of turning a known manual process into a software does not make the computer program patentable. For example, known mathematical models turned into software are not patentable even if it solves a problem. However, if an UNKNOWN model is disclosed than the process will be patentable. A classic patent for computer programs will be Dell's patent which enable online ordering of customized personal computer.

Patent Filings in Malaysia

Singapore is known to be a top patent filing destination after Japan, Korea, China and India. In the AIPPI Forum, I promoted Malaysia (MY) as a popular national phase filing destination. I highlighted the following points in my discussion:
- MY is a PCT member
- MY acccepts English application as offiial language. Hence, no translation is needed
- MY acknowledges search report of US, AU, EPO, JP, and KR granted patent. The MY application can be fast tracked to grant.
- MY court widely uses English as official language
- MY has a one year grace period for novelty. Does not practice absolute novelty.
- MY economy lies in the following industries: electrical and electronics, rubber, palm oil, automotive, petroleum and plastics.
- MY has a population of 27 million

AIPPI Forum 2007

Phew.. Just return from Singapore after attending AIPPI forum, an international forum for IP practitioners. This is the first time I'm attending such an event. I was overwhelmed by the number of delegates, more than 400 people from all over the world. I made friends with delegates from USA, Germany, Japan, Nigeria, Brazil, and ... the list goes on and on. It is a mind blowing experience for me to exchange name cards for the past three days until I run out of name cards... arrgh! I'm lucky to be able to attend this event due to the short traveling distance between Kuala Lumpur and Singapore. Congratulations to Singapore for successfully hosting the event. Some of the delegates expressed that this is the first time they are traveling to Asia. Some delegates manage to squeeze a short vacation in Malaysia. Hope to see you guys again next year in Boston for AIPPI Congress. Will update on what I learned from the event later.

Why USA has a Different Patent System?

Patents are governed by national laws. We follow WIPO, JPO and EPO recommendation to acknowledge 'first to file' patent. However, USPTO acknowledge 'first to invent' inventors. I took some time to understand why US has a different patent system until I read 'America's Different Patent System: the Reason US Outperforms the World' by Robert Rines. Rines defended the need to acknowledge the 'first to invent' principle by citing that patent laws are created to protect and acknowledge inventors, particularly individual inventors. The proposed harmonization of patent laws protect the interest of large corporations but put individual inventors and university inventors at a disadvantage. American patent history and statistics are cited in the report to support his stand. US gain the advantage of provisional patent so that the inventors can refine their patent application. He claims that his counterpart in Japan and Europe has premature patent application to fulfill the 'first to file' criteria. I acknowledge that the same situation exist in Malaysia. I have individual inventors telling me that they can't capitalize their patent because the patent only has concepts to build prototype.

Proposed Patent Incentive in Budget 2008

Part of PM Abdullah's speech budget is as follows, "The Government will step up efforts to intensify research, development and commercialisation activities, particularly the commercialisation of home-grown R&D. In 2008, a sum of RM230 million is allocated for the Science Fund, RM300 million for Techno Fund and RM546 million for research institutions. To simplify and expedite the disbursement for agriculture R&D, a sum of RM300 million will be transferred from the balance of the 9MP ceiling of the Science Fund and Techno Fund to the Ministry of Agriculture.

The Government will continue to support R&D and commercialisation activities. Presently, the royalty distribution of commercialising R&D is 50% to research institutions and the balance being shared between the research institutions and the researchers. To promote commercialisation, as well as provide further incentives to researchers, the rate for royalty payment to researchers will be increased to 80% and the balance for research institutions.

Technology Licensing Offices (TLOs) have been established at institutions, such as SIRIM and Universiti Sains Malaysia. These TLOs have been effective in coordinating R&D activities and patent applications. More TLOs will, therefore, be established in other research centres and public universities."

The latest budget 2008 has a lot of incentive for smi, education, training and research. Education, training and research are essential to create a quality pool of scientist and engineers. However, there is no mention of patent incentive for individual inventors. We have talented individual inventors in Malaysia who struggle to invent and patent their invention. Individual inventors have limited resource to start their journey. History has shown that individual inventors, such as Bell, Eastman (Kodak), and Ford, are creators that stimulate economy and create job opportunities. I hope the Malaysian government will recognize the contribution of individual inventors by providing incentive and grants to individual inventors to patent their inventions.