Malaysia jurisdiction report: Hybrid IP protection
In fact, a patent will be invalidated if the important details of the invention are not described in the specification.
In Malaysia, as a party to TRIPS and other agreements, the rights granted to patent owners include the right to exclude others from making, using, or selling their inventions. A trade secret, as long as it is kept secret, gives the owner an advantage over its competitors. However, it should be noted that for information to qualify as a trade secret according to Malaysian law, it must meet two criteria: it must be kept confidential and reasonably protected.
Similarly, patents and trade secrets can be exchanged for economic benefit through licensing, or they can be used as a negotiating asset when selling or buying a company or planning a merger.
Typically, IP owners prefer patent protection if:
