Professional Studies - Types of Legislation Affecting Designers

What is 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.

What is Utility Innovation?

• A utility innovation is an exclusive right granted for a "minor" invention which does not require to satisfy the test of inventiveness as required of a patent.

Who May Apply?

• Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word "person" is not limited to natural persons and thus also includes, for example, a company.

How can a patent or utility innovation be protected?

• An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia which will assess whether it meets the requirements of the Patents Act 1983.

Why Protect an Invention?

• Gives the owner of the patent/utility innovation the exclusive right to stop others from manufacturing, using and/or selling the owner's invention in Malaysia without the owner's consent or permission.

Patentable Inventions

• For a patent to be granted an invention must be :
• new, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
• involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
• industrially applicable, meaning it can be mass produced. 
 
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What is word mark? 

• A type of logo, a text-based mark identifying an individual, company, organization, product, or brand.
• With a word mark, the company or product name is set in a specific typeface, often with some special treatment such as manipulated letters or corporate colors. A word mark may have some graphic-like elements incorporated

 What is a trade mark? 

•  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 marketing tool to enable customers in recognizing the product of a particular trader.  

Functions of a trade mark

• Origin Function - helps to identify the source and those responsible for the products and services sold in the market.  

• Choice Function - enables consumers to choose goods and services with ease while shopping.

• Quality Function - Consumers choose a particular trade mark for its known quality.  

• Marketing Function - Trade marks play an important role in advertising. Its normal for consumers to make purchases based on continuous influence of advertising.  

• Economic Function - Established trade mark is a valuable asset. Trade marks may be licensed or franchised.