Here’s the first misconception…
- Getting a patent is expen$ive?
Would you think twice of paying of RM 62.50/per day to obtain a government granted “monopoly” for 20 years to manufacture and sell a product at a premium price whilst keeping your competitors out? The average cost of obtaining a patent in Malaysia is less than RM15,000*
(* the patent is drafted, file and obtained in Malaysia, the cost may vary depending on complexity of the invention, the examination reports issued by the Patent Office, etc.)
And second misconception…
- “Competitors will make minor changes to my invention and they can get away with infringement”
A well-drafted set of patent claims should have anticipated such possible changes in the product or process parameters to ensure that any obvious change to the parameters will fall within the patent claims and thereby constitute patent infringement.
For example, a patent claiming an operating temperature of 30°C in a chemical process is easily circumvented by a competitor adopting an operating temperature of 28°C (assuming this is practically feasible). But if the patent claimed a temperature range of 27°C to 33°C, then any operating temperature falling within the claimed range would result in patent infringement. Inventors should engage experienced technically qualified patent agent in the relevant field of technology to draft a set of strong patent claims that cannot be easily circumvented by a competitor.
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