Malaysia jurisdiction report: Patentability of computer inventions

We are perhaps blessed in Malaysia by a dearth of case law on this matter. However, it is certainly helpful to foreign applicants that Malaysian practice gives due recognition to the examination results of the major patent offices, whether by virtue of the requirements when requesting examination or through reliance by applicants on the various Patent Prosecution Highway (PPH) programmes now in place.

The starting point for a holistic assessment of the patentability standard in Malaysia is the law itself. While the Patents Act and regulations do not contain any specific provisions for computer-related inventions, there are general requirements that are pertinent. These include primarily the definition of an invention and a list of inventions that are explicitly excluded from patentability. Beyond that, there are clues to be found in certain requirements of the description, claims and even the abstract of an application.

What is patentable?

Section 12(1) of the act defines an invention as an idea of an inventor which permits in practice the solution to a specific problem in the field of technology. This anchors the patent law firmly in the arena of technology.