This article explores Utility Innovation and the 3 strong reasons to file for it instead of patents.
Overview on differences between Patents and Utility Innovations
Before we begin, it is important to grasp the broader concept of Utility Innovation, namely Patents. In general, patents in Malaysia confer exclusive rights for inventions that meet specific criteria:
- the invention must be novel, meaning it hasn’t been publicly disclosed globally;
- it must involve an inventive step that’s not obvious to experts in the field; and
- it must be industrially applicable, capable of mass production.
Alternatively, utility innovations, also known as “minor inventions,” provide protection for minor improvements that may not meet the inventiveness criteria required for patents. For instance, if someone combines two or more existing inventions in a way that is obvious to experts in the field, the creation would likely not meet the inventiveness requirement for a patent. However, filing it as a utility innovation could still provide protection.
Therefore, this article outlines three compelling reasons why filing for utility innovations is advantageous:
Reason 1: Strategic Advantage
If the invention doesn’t meet the inventiveness requirement for a patent, filing it as such would be fruitless. Opting for utility innovations offers a more strategic approach.
Reason 2: Cost-effective
Despite the limitation of only one claim allowed for a utility innovation, the lower filing and maintenance costs associated with utility innovations make them a more budget-friendly option for safeguarding your inventions.
Reason 3: Faster Protection
Utility innovations typically have quicker approval times compared to traditional patents, providing faster protection for your innovations and allowing you to bring them to market sooner. Additionally, utility Innovations have an initial 10-year protection term, extendable for two consecutive 5-year terms (refer to Malaysian Intellectual Property Corporation website https://www.myipo.gov.my/en/1814-2/?lang=en%2F#duration_patent)
Conclusion
In the world of business, strategic planning of choosing the right battlefield is one of the main reasons for success. This applies to intellectual property protection as well. As such, utility innovation offers the best alternative for filing instead of patents should the inventiveness requirement not be fulfilled.
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