preview

Patentable Subject Matter In Malaysia Case Study

Good Essays

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 …show more content…

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

Get Access