Patents—Malaysia—Q&A guide
Patents—Malaysia—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Patents—Malaysia—Q&A guide
  • 1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?
  • 2. What is the format of a patent infringement trial?
  • 3. What are the burdens of proof for establishing infringement, invalidity and unenforceability of a patent?
  • 4. Who may sue for patent infringement? Under what conditions can an accused infringer bring a lawsuit to obtain a judicial ruling or declaration on the accusation?
  • 5. To what extent can someone be liable for inducing or contributing to patent infringement? Can multiple parties be jointly liable for infringement if each practises only some of the elements of a patent claim, but together they practise all the elements?
  • 6. Can multiple parties be joined as defendants in the same lawsuit? If so, what are the requirements? Must all of the defendants be accused of infringing all of the same patents?
  • 7. To what extent can activities that take place outside the jurisdiction support a charge of patent infringement?
  • 8. To what extent can ‘equivalents’ of the claimed subject matter be shown to infringe?
  • 9. What mechanisms are available for obtaining evidence from an opponent, from third parties or from outside the country for proving infringement, damages or invalidity?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to patents in Malaysia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Wong Jin Nee & Teo—Bong Kwang Teo; Siau Kee Pua

1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?

Patent rights are only enforceable by the patent owner by way of a civil action. There are presently no administrative proceedings available for the enforcement of patent rights.

There is a specialised Intellectual Property High Court in Kuala Lumpur and most civil actions for patent infringement are filed here. However, there is no legal prohibition for a patent owner to institute a civil action in high courts in other states of Malaysia if the parties reside outside Kuala Lumpur.

2. What is the format of a patent infringement trial?

The format of a patent infringement trial is the same as any general civil suit trial. Due to the nature of patent infringement, where substantial dispute as to facts is inevitable, a civil action is generally brought by way of a writ of summons together with a statement of claim setting out the material facts of the claim and the remedies sought. Malaysia adopts the common law system of pleadings

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