Exclusions in Patentable Subject Matter in Malaysia
Malaysia’s Patent Act similar to other countries jurisdictions excludes certain subject
matter from protection under patent. Such subject matter is defined under section 13(1) of
Malaysia’s Patent Act.
The Malaysian patent law uncovers some of the non-patentable subject matter relevant to the life
sciences industry in Malaysia. This non-patentable subject matter in Malaysia affects the life
sciences industry. Some of the related examples are: discoveries and scientific theories; plant or
animal varieties or essentially biological processes for the production of plants or animals;
methods of treatment of human or animal body by surgery or therapy, and diagnostic methods
practiced
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The section 13(1)(d)’s subject matter interpretation for exemption under protection
has been expanded in Chapter IV, point 3.5 of MyIPO’s Guidelines for Patent Examination
(October 2011).
Under section 13(1)(d), it’s been stated that all non-therapeutic treatment methods are patentable
whereas surgical or therapy based treatment methods are exempted from protection. It covers all
the cosmetic methods and methods which are practiced on human or animal body. Cosmetic
methods includes straightening/waving of hair or any other cosmetic application on human body
for the cosmetic purpose. [4]
Additionally, technical methods of measuring/recording human characteristics which have an
industrial application can also be protected under MyIPO. MyIPO doesn’t allow the biological
characters to be patentable. For example, artificial manufacturing of prosthetic limbs, different
diagnostic scanning approaches are allowed to be protected under law. Furthermore, diagnosis
approaches which involve alive organism for analyzing information that produces intermediate
results and does not directs a treatment decision also patentable. [4] [5]
Similar to EPO, MyIPO believes the theory that curing any disease is same as its treatment by
therapy, based upon this theory MyIPO excludes the prophylactic methods from the patentable
subject matter. [3] [4]
Rooted
The canine was positioned with its left side down with the feet facing myself. The first incision I made was a straight line from the chin towards the ventral midline of the neck to expose the mandibles and masseter muscles, skinning the neck to expose the underlying structures. I continued to skin down towards the flank of the right forelimb and cutting the muscles between the subscapular are and the rib cage in order to free the limb, while also cutting the prescapular and axillary lymph glands.
Their evidence suggests two conclusions, the effects of patents on follow-on innovation appear to be quantitatively small, and patent protection on human genes does not appear to have hindered follow-on innovation,
Patent is conducted by a process called patenting, which is a part of Intellectual property (IP) protection. Intellectual property refers to creations of the mind and human intellect. (Anon., 2016)
Testing on animals has been a method used for human advancement for thousands of years. The surgery that is conducted on living beings in known as vivisection; this practice has been dated back to the time of the ancient Greeks and Romans alike, using various procedures prior to the application on human subjects. Thanks to the help of these animals, countless people have been able to survive previously untreatable diseases due to the remarkable medical advances that have been developed. Diabetes, tuberculosis, and polio are a few to name within the myriad of other medical breakthroughs. “Animal experimentation, combined with the dissection of dead humans, allowed the scientists to learn about how the human body works and ultimately led
The incision that will be made in the abdomen of the animal can cause wound infection. Analgesics will be provided when necessary and the animals will be closely monitored regularly for signs of distress. The expected level of severity is moderate. Animals will be humanely killed at the selected time
As technology has change, grown, and evolve so has the application of the Canadian Patent Act. Which before was used to deal with inventions that could be shown with prototypes, the Act is now being used to protect more abstract innovations, such genetic material.
Roald Dahl’s well-known children’s book, Charlie & the Chocolate Factory, depicted a talented inventor of candy known as Willy Wonka. The talented inventor’s creations were constantly under seize by his competitors, specifically Mr. Slugworth, Mr. Fickelgruber, and Mr. Prodnose. Wonka went to extreme measures to ensure his trade secrets, creations, and technologies were kept safe from his competitors. The amount of effort put into protecting his secrets was incredibly overworked. The challenges Willy Wonka faced in protecting his secrets are literary example of the real world obstacles inventors face with their creations. In today’s technological
The U.S. has one of the best patent law systems in the world, but there are still those who take advantage and control it. Patent laws are made to protect innovators with there products from others attempting to steal their unique ideas. However, some people try to abuse these laws by creating companies that buy multiple patents and these companies are called patent trolls. Non-Practicing Entities (NPEs), widely known as Patent Trolls, never make the products that they buy patents for and instead wait till someone else uses the same concept no matter how small and then they swoop in and sue the real innovators. Patent trolls create distrust in the innovation atmosphere and put fear into inventors. They disrupt the innovation industries that
The area of skin to be removed will be marked with a pen. Using a small scalpel or scissors, the surgeon will gently cut around and under the lesion until it is completely removed. The lesion will be placed in a fluid and sent to the lab for examination. If necessary, bleeding will be controlled with a device that delivers heat (electrocautery). The edges of the wound may be stitched (sutured) together, and a bandage (dressing) will be applied. This procedure may be performed to treat a cancerous growth or a noncancerous cyst or lesion.
Mexican law also identifies several specific types of inventions that are not patentable subject matter. These include natural items, computer programs, information presentation processes, artistic or literary work, medical procedures, juxtapositions and
Confidentiality: The protection arises automatically; however, it would be prudent to ensure that all employees’ contracts contain non-disclosure clauses.
Today, the patent office routinely approves patents that are broad and vague without demanding more information about the patent. This allows the patent owners to claim ownership of a broad range of topics, leaving little room for new
The level of patentability of computer software has not always been clear cut in the United States or around the world. The laws and interpretations of them have changed from the time software came to use. The ease of patentability used to be much higher in the 60s then kept coming down for a few decades. It is still a contentious subject and it is not sure that the current status quo will hold for long.
Other matters prescribed in regulations (s 45(1)(d)) – including entitlement to ownership (Reg 3.18(2)(a)(i)) and s 18(2) patentability (Reg 3.18(2)(d));
In Article 1 of the Patent Law, it states the right to patent protection for “inventions-creations.” Article 2 defines inventions-creations as inventions, utility models, and designs. These are also defined by rule 2 of the Implementing Regulations: