Ensure your Industrial designs are safeguarded!
Work with us to fully capitalize on the value of your innovative creations
An industrial design or design concerns features of shape, configuration, pattern or ornament applied to or embodied in an article by any industrial process. It can be two dimensional or three dimensional in expression. The most important aspect of a design is the visual appeal to the public.
We offer expert guidance to both local and international owners of industrial designs, focusing on the protection of their designs. Our services include managing the filing and prosecution of industrial design applications on a daily basis.
We collaborate closely with clients to provide strategic advice on design infringement, licensing, and cross-licensing of their creative or innovative designs. This ensures that every action taken is aligned with their business objectives.
Eligible Designs
Ensure the design meets the criteria set forth in the national intellectual property law for it to be considered an industrial design
Be new in Malaysia or elsewhere
Not opposed to public policy or morality
Non-Eligible Designs
A method or principle of construction
The designs of an article is dependent upon the designs of another article, also known as must-match principle.
A design differs only in immaterial details or features
The features of the article are dictated solely by function, for example, fan blade, helicopter blade, rotor blade.
Claiming ownership of industrial design in Malaysia
1
Applicant’s name and address
The owner (can be a natural person, organization, or association) or multiple owners of the industrial design.
2
Author’s name and address
The author or designer of the industrial design.
3
Identify the classification of the article or industrial design
The article or industrial design is classified by one of the 32 Locarno classifications.
4
Representations of the article or industrial design
Images or drawings in white background and solid black lines which highlight the novel features.
5
Statement of novelty
The novelty features must be stated explicitly.
6
Declaration of priority, if claimed.
According to Malaysian Industrial Designs Act 1996 and Paris Convention, you can make priority claim 6 months from the date of application of your design.
If requested by the Registrar, a certified copy of the priority documents must be handed together with its English translations.
Rights of a registered industrial design
– To make,
– To import for sale or hire,
– To use for the purposes of any trade or business,
– To sell,
– Hire or to offer,
– To exploit for sale or hire any article
to which the registered design has been applied.
How long is a registered industrial design protected in Malaysia?
The term of protection for a registered industrial design varies globally and was recently extended from 15 to 25 years in Malaysia. Initially, registration is valid for 5 years from the filing date. This period can be extended for four additional consecutive terms of 5 years each, provided an application is submitted before the current term expires.
Processing steps of your application
When a filing date is assigned and the application is not withdrawn, it is automatically examined without requiring a specific request.
If there are any incomplete formalities, the applicant is given an opportunity to correct them.
Before any refusal, the applicant has the right to be heard by the Registrar.
Search and examination are conducted.
Why choose us?
Expertise: Rely on our deep knowledge and expertise in industrial design law to provide comprehensive protection for your innovative designs and intellectual property.
Commitment: We are dedicated to safeguarding your industrial designs with unwavering dedication and precision, giving you peace of mind and confidence in your ownership rights.
International Reach: Utilizing our expertise, we offer industrial design protection that extends beyond borders, ensuring your innovative designs are secured not only locally but globally, providing thorough intellectual property security.
Client-Centered Approach: Your needs are our priority. We focus on your satisfaction by delivering exceptional service and guidance throughout the industrial design registration process, making it seamless and straightforward for you every step of the way.
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