RESEARCH@MMU

INTELLECTUAL PROPERTY

1. Intellectual Property Management in MMU
2. Patent
3. Trade Mark
4. Industrial Design
5. Copyright

INTELLECTUAL PROPERTY MANAGEMENT IN MMU

• Assisting the staff members in obtaining upscaling invention funds for the research undertaken;
• Processing and safeguarding Intellectual Property agreements;
• Determining the protectability of Inventions;
• Receiving disclosures, undertaking novelty search and completing applications for protection;
• Evaluating the commercial potential of the Invention;
• Monitoring the implementation of projects and initiatives on Intellectual Property and obtaining appropriate protection;
• Locating suitable commercial development partners;
• Negotiating and managing licenses;
• Acting as a liaison between the Originator and the Intellectual Property Management Committee;
• Providing training and awareness programmes with respect to Intellectual Property for Employees and Students of MMU.

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• Managing the wide range of Intellectual Property Rights resulting from technological and creative pursuits belonging to or associated with MMU, in the most efficient and competitive manner;
• Deciding on Intellectual Property filing and registration;
• Deciding the ownership distribution with third party for joint Intellectual Property Rights;
• Deciding on the commercialisation of any Intellectual Property Rights belonging to or associated with MMU;
• Approving incentives as well as recognitions for Employees and Students’ creation and innovation;
• Providing guidance on the various programmes undertaken by its researchers that relate to the generation, protection or commercial utilisation of Intellectual Property;
• Providing strategic direction and decision for Intellectual Property protection and Commercialisation with regards to the corporate strategy and business philosophy of MMU;
• Considering and determining projects and initiatives on Intellectual Property to be undertaken by MMU;
• Requesting and receiving reports from faculties on projects and initiatives on Intellectual Property;
• Establishing a special ad-hoc committee to study specific issues relating to Intellectual Property;
• Policy matters governing Intellectual Property issues of MMU in particular with regards to acquisition, protection and Commercialisation of Intellectual Property;
• Policy matters governing incentives and recognitions for Employees’ and Students’ creation and innovation;
• Policy matters governing Intellectual Property training and awareness for Employees and Students of MMU;
• Policy matters governing legal proceedings on Intellectual Property including commencing or defending any infringement action and policing of Intellectual Property Rights of MMU;
• Financial decision governing Intellectual Property Rights of MMU; and
• Implementation and review of Intellectual Property Manual;

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PATENT

Definition of Patent
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem - (MyIPO)

What is Utility Invention (UI)?
A utility innovation is an exclusive right granted for a "minor" invention which does not require satisfying the test of inventiveness as required of a patent.

What can be patented?
An invention, which may be either a product or process, which fulfils the following requirements:

1. New, invention has not been publicly disclosed in any form, anywhere in the world;
2. Involves inventive step, the invention must not be obvious to a person with knowledge and experience in the technological field of the invention ;
3. Be industrially related (can be mass produced)

Non-Patentable Inventions

1. Discoveries, scientific theories and mathematical methods;
2. 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;
3. Schemes, rules or methods for doing business, performing purely mental acts or playing games;
4. Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.

How long does it take for a patent to be protected?

1. A patent is protected 20 years from the date of filing
2. The utility innovation (UI) is protected 10 + 5 + 5 years from the date of filing subject to use.

Patent Registration Process by the Intellectual Property Corporation of Malaysia (MyIPO)

1. Search
2. Filing
3. Preliminary Examination
4. Application laid open for public inspection
5. Request for substantive or modified substantive examination report
6. Substantive examination
7. Registered

How long does it take for a Patent to be registered?

It takes approximately 4 to 6 years (varies by case). However, the protection starts as of the filing date. It should be noted that the patent has to be renewed annually, commencing on the 2nd year after grant, to keep it valid. You may keep renewing the patent until the maximum of 20 years.

Procedure for Patent Search & Patent Application
The process of obtaining a patent can be complex. The summary flowchart below will give you a basic understanding of the procedure from patent search to patent filing; and until the grant of the patent.

Documents to be submitted:

In order to request to file an application for patent, kindly follow the following procedure:-

a) Fill in the "Patent Application Form".

Note: The forms can be downloaded from the MMU Online Portal.

• Google Patent> https://www.google.com/?tbm=pts
• Espacenet> http://worldwide.espacenet.com/quickSearch?locale=en_EP
• Patent Lens > http://www.patentlens.net/
• USPTO>http://www.uspto.gov/patents/process/search/index.jsp#heading-2

b) Submit the completed forms to the Technology Transfer Office (TTO) (formerly known as Collaboration & Innovation Centre (CIC)) at Level 2, The Chancellery Building, Cyberjaya

c) For TM funded projects, please submit along NRIC copies of all IP Creators. For foreigners, please provide their passport copy (first page).

Next Step:

1. Technology Transfer Office (TTO) (formerly known as Collaboration & Innovation Centre (CIC)) performs preliminary check and forwards a report to IPMC,.
2. IPMC Approval
3. Patent Search and Filing by appointed agent

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TRADE MARK

Definition of a Trade Mark
A trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes words, logos, pictures, names, letters, numbers or a combination of these.
A trade mark is used as a marketing tool to enable customers in recognizing the product of a particular trader.

Trade Mark Registration Process by the Intellectual Property Corporation of Malaysia (MyIPO)

1. Search
2. Filing
3. Examination report (Optional, varies by case)
4. Acceptance
5. Registration

How long does it take for a Trade Mark to be registered?

It takes approximately 2 to 3 years for a straight forward trade mark registration. It may vary should there be any objections from the Intellectual Property Corporation of Malaysia (MyIPO)


What does the symbol “tm” and “®” indicate?

1. Registered trade mark’s indication is ®
2. Not registered trade mark’s indication is “tm”

Should you indicate ® for a not registered trade mark, it is an offence under the Trade Mark Act 1976.

What are the filing requirements for Trade Mark?

1. Completed application form;
2. Specification (Goods/services);
3. Sample Representation (sample of the mark).

Other supporting information

The rights of a trade mark are based upon the use of the trade mark. In order to request to file an application for trade mark, kindly follow the following procedure:-

1. Fill in the Trade Mark Form (available on the MMU Online Portal);
2. Obtain TM Group Branding approval
3. Technology Transfer Office (TTO) proceeds with filing and registration

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INDUSTRIAL DESIGN

What is an Industrial Design?
An industrial design is the ornamental or aesthetic aspect of an article. In general, there are two categories of industrial designs:

1. The shape and configuration of a 3 dimensional object, e.g. the shape of a chair
2. The pattern or ornamentation on a 2 dimensional surface, e.g. a design on a fabric.

The design features must be applied to an article by any industrial process or means of which the features in the finished article appeal to eye.

What is a registrable industrial design?
To be registrable, an industrial design must be new at the date an application for its registration is filed. A design is considered be new only if it has not been made available or disclosed to the public in any way whatsoever in Malaysia before the filing date of the application and it is not on the record the Register of Designs.

When should one file for registration?
Filing should be done at the earliest time possible as the claims are based on a "first-to-file" rule basis. Prior disclosure will destroy the novelty of the design.

How long does registration take?
Generally, it takes between 9-12 months for an industrial design application to become registered.

How long is the period of protection?
A registered industrial design is given an initial protection period of 5 years from the date of filing and is renewable for a further two consecutive terms of 5 years each.


Details needed for Industrial Design application

1. Completed application form (available on the MMU Online Portal)
   • ​Kindly refer here for the List of ID Classes and Subclasses with Explanatory Notes
2. A CLEAR representation of the design/drawings. Kindly adhere to the following guidelines:
   • ​Industrial Design Specimen/ 3D drawings
   • Should be the drawing of the article/ complete form and relevant dimension and/or views only
   • The size of the drawings should be:
     • 12.5cm X 9cm (3D)
     • 18 cm X 13 cm (2D/ patterns)
   • The background should be neutral/contra
   • Paging must be on the right top side of the page (e.g. 1 of 4)
   • DO NOT include any technical information in the drawings attachment such as labels/dimensions/numbers/lines, etc
   • Softcopy representation is in GIF format with a size of not more than 100KB and 120 X 90 pixels.
3. ​TTO prepares report for IPMC Approval
4. Filing & Registration by appointed agent

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COPYRIGHT

What is a Copyright?

Copyright is the exclusive right given to the owner of a copyright for a specific period. Copyright protection in Malaysia is governed by the Copyright Act 1987. There is no system of registration for copyright in Malaysia. A work that is eligible is protected automatically upon fulfillment of the following conditions:

1. sufficient effort has been made to make the work original in character;
2. the work has been written down, recorded or reduced to a material form;
3. the author is a qualified person;
4. the work is made in Malaysia or the work is first published in Malaysia.

What Works are eligible for protection?

1. Artistic works
2. Broadcast
3. Derivative works
4. Film
5. Literary works
6. Musical works
7. Sound recordings

Categories	Protectable Works	Format Accepted by MyIPO
Artistic works	Includes paintings, drawings, photographs, digital illustrations, design elements in architectural works	PDF/GIF/JPEG/PNG
Broadcast	Includes transmission by wire/wireless means of visual images, sounds or other information which is capable of either being lawfully received by members of the public or is transmitted for presentation to members of the public and it includes the transmission of encrypted signals where the means of decrypting are provided to the public by the broadcasting service or with its consent	SD / HD
Film	Includes motion pictures (movies), live webcasts that are being saved, slideshows, video podcasts and other audiovisual works. Sounds embodied in any soundtrack associated with a film is included in this category.	AVI/MPEG/MOV/MP4
Literary works	Includes books, manuscripts, letters, reports, lectures, computer programs, source codes, technical manual, user manual and other writings such as plays, screenplays, and TV scripts.	PDF, ZIP (COMPUTER PROGRAM)
Musical works	Includes musical notations of all kinds	MP3/WMV/PDF (MUSIC NOTE)
Sound recordings	While the musical notes that make up a song is protected as a musical work, the actual recording of that performed notation is protected as a sound recording. Sound recordings are a distinct and independent category from musical recordings because they also includes everything that can be recorded and reproduced that isn’t music, including speeches, sound effects, and audio books. It does not include a soundtrack associated with a film.	MP3/WMV
Derivative works	Includes a motion picture based on a play or novel, a translation of an novel written in one language into another language, a revision of a previously published book, a sculpture based on a drawing, a drawing based on a photograph, a lithograph based on a painting, a drama about John Doe based on the letters and journal entries of John Doe, a musical arrangement of a pre-existing musical work, a new version of an existing computer program, an adaptation of a dramatic work, a revision of a website	FORMAT AS ABOVE

The definition given by MyIPO is available here: http://www.myipo.gov.my/en/category-of-work/

The guidelines for statutory declaration (SD) application of MMU copyrighted materials can be downloaded from the Online Portal

How long is the period of protection?

Refer here.

Details needed for Copyright application

1. Copyright application (available on the MMU Online Portal)
2. Materials to be copyrighted (preferablly in softcopy/digital format-CD is advisable)
3. Note: For TM funded projects, please submit both hardcopy & softcopy along NRIC copies of all IP Creators. For foreigners, please provide their passport copy (first page).