Patent Lawyer Malaysia | Patent Disputes & Infringement

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Patent Lawyer in Malaysia — Patent Disputes, Infringement & Invalidity

If you are searching for a patent lawyer in Malaysia to deal with a patent dispute, an infringement claim, or an invalidity challenge, you need specialist litigation advice — not just a patent agent who can handle prosecution. Patent litigation in the Malaysian courts is technically demanding, procedurally complex, and capable of determining the commercial fate of a product or technology for years.

At NZSK, our IP lawyers in Kuala Lumpur and Selangor advise on patent infringement litigation, patent invalidity and revocation proceedings, threats of infringement claims, patent licensing disputes, and the enforcement of patent rights in Malaysia. We act for patent holders, accused infringers, and technology companies in the full spectrum of patent disputes before the Intellectual Property Division of the Malaysian High Court.

Why Choose Us?

Patent Law in Malaysia — The Patents Act 1983

Patents in Malaysia are governed by the Patents Act 1983 and administered by the Intellectual Property Corporation of Malaysia (MyIPO). A Malaysian patent grants the patent holder a 20-year monopoly right — from the filing date — to make, use, sell, import, and otherwise exploit the patented invention in Malaysia. Patent protection requires registration: there is no automatic patent right arising from the mere creation of an invention.

For a patent to be granted in Malaysia, the invention must satisfy three requirements: novelty — the invention must not have been previously disclosed anywhere in the world before the filing date; inventive step — the invention must not be obvious to a person skilled in the relevant field; and industrial applicability — the invention must be capable of being made or used in any kind of industry. Patents that were granted without meeting these requirements remain vulnerable to revocation throughout their term.

Patent Infringement in Malaysia

Patent infringement occurs when a person, without the licence of the patent holder, makes, uses, sells, offers for sale, or imports a product that falls within the scope of a valid patent claim — or uses a patented process. Determining whether infringement has occurred requires careful construction of the patent claims (the precise legal definition of what the patent protects) and comparison of the claims with the defendant’s product or process.

We advise patent holders and accused infringers on:

Infringement analysis — assessing whether a product or process falls within the scope of a patent’s claims — a highly technical exercise requiring both legal skill and, in complex cases, expert technical evidence
Cease and desist action — sending precisely drafted infringement notices and managing the pre-litigation phase to maximise the prospect of resolution without proceedings
Interlocutory injunctions — urgent court applications to stop continuing infringement while substantive proceedings proceed to trial
Damages and account of profits — quantifying and recovering the financial loss caused by infringement — including lost royalties, lost sales, and the profits made by the infringer
Defence to infringement claims — advising accused infringers on claim construction, non-infringement arguments, and invalidity challenges as a defence to infringement proceedings

Patent Invalidity and Revocation in Malaysia

A patent that has been granted by MyIPO is not unassailable. Patents can be challenged — and revoked — if they were granted without meeting the statutory requirements. Invalidity is one of the most powerful defences available to an accused infringer: if the patent is invalid, there can be no infringement regardless of what the defendant has done.

Grounds for invalidity and revocation of a Malaysian patent include: the invention was not novel at the filing date; the invention lacks an inventive step (it was obvious); the patent specification does not disclose the invention sufficiently clearly and completely for it to be performed by a person skilled in the field; the patent claims are broader than the disclosure supports; or the patent was obtained by fraud or misrepresentation.

We advise on invalidity challenges both as a defendant’s response to an infringement claim and as a standalone revocation action — for example, where a competitor’s patent is blocking your freedom to operate in a technology area.

Patent Licensing Disputes

Many patent disputes in Malaysia arise not from direct infringement but from disputes over the terms, scope, and enforcement of patent licences. Common patent licensing disputes include: disputes over the calculation and payment of royalties; disputes over the scope of a licence (whether it covers a particular product, territory, or use); disputes over sub-licensing rights; the enforceability of exclusive licence provisions; and termination of licences and the rights of the parties following termination.

We advise on patent licensing disputes, including drafting and reviewing patent licence agreements, advising on rights and obligations under existing licences, and litigating patent licence disputes before the Malaysian courts.

Freedom to Operate

Before launching a new product or technology in Malaysia, businesses should assess whether their activities infringe any existing third-party patent rights — a process known as a freedom-to-operate (FTO) analysis. We advise on FTO assessments in the context of Malaysian patent law, identifying relevant patent families, assessing the scope of relevant claims, and advising on the risk profile of the proposed activity. Where a relevant patent is identified, we advise on design-around strategies, licensing approaches, and invalidity challenges.

Frequently Asked Questions

What is the difference between a patent and a trade mark or copyright?

A patent protects inventions — technical solutions to technical problems — and requires registration with MyIPO. It gives a 20-year monopoly on making, using, and selling the patented invention. A trade mark protects brand identifiers (names, logos). Copyright protects original creative expression. The three are entirely separate types of IP, governed by different legislation, and may all be relevant to a single product — for example, a consumer product may involve a patented mechanism, a registered trade mark on the packaging, and copyright in the product's design artwork.

How do I know if I am infringing someone else's patent in Malaysia?

Determining whether your product or process infringes an existing patent requires a detailed analysis of the patent's claims — the precise legal definitions of what the patent protects — and a comparison with your product or process. This is a technical and legal exercise. If you have received an infringement notice or letter of demand citing a specific patent, contact us immediately: we advise on whether the claim has merit, on the strength of any invalidity challenge, and on the most effective response strategy.

Can a patent be challenged after it has been granted in Malaysia?

Yes. A Malaysian patent can be challenged on grounds of invalidity at any time during its term — both as a defence to infringement proceedings and by way of a standalone revocation action in the High Court. Common grounds for invalidity include lack of novelty, lack of inventive step, and insufficiency of disclosure. We advise on the strength of invalidity challenges and on the most effective procedural route for bringing or defending such challenges.

How long does patent litigation take in Malaysia?

Patent litigation in the Malaysian High Court (IP Division) typically takes 18 to 36 months from filing to trial in a contested matter, depending on the complexity of the technical issues and court scheduling. Interlocutory injunctions — urgent temporary relief to stop ongoing infringement — can be obtained significantly faster, sometimes within weeks. Many patent disputes settle before trial, particularly after the grant of interlocutory relief or after exchange of expert evidence.

Speak to a IP Lawyer Now!

Whether you are asserting a patent, defending an infringement claim, or challenging an invalid patent that is blocking your business, contact NZSK for practical and commercially focused trade mark legal advice. Contact us to arrange a consultation.