Definitions: a utility innovation is any innovation which creates a new product or process, or any improvement of a known product or process, and which is capable of industrial application. A utility innovation includes an invention. It must be new. It will be regarded as new to Malaysia if it is not anticipated by prior art. Prior art for purposes of an application for a utility innovation certificate shall be: (a) everything disclosed to the public in writing or orally, by use or any other way before the priority date of the application; (b) contents of an earlier Malaysian application with an earlier priority date for a utility innovation certificate which is granted.

Excluded prior art: prior art however does not include (a) any disclosure that occurred within one year preceding the application and if such disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title; or (b) any disclosure that occurred within one year preceding the date of the application and if such disclosure was by reason or in consequence of any abuse of the right of the applicant or his predecessor in title.

Applicant: same as for “patents“.

Employee’s innovation: unless there is an agreement to the contrary, the employee’s innovation belongs to the employer. Likewise, unless there is an agreement to the contrary, the person who commissioned the innovation is the owner of the innovation. Employees are entitled to equitable remuneration if the innovation acquires an economic value that surpasses the expectation of the parties.

Foreign applicants: must act through a locally registered patent agent.

Non-registrable: inventions that are not patentable are also not registrable as utility innovations.

Application and single claim requirements: the same particulars required for filing of a patent equally apply in the case of a filing for a utility innovation. Applications are however restricted to a single claim.

Conversion of utility innovations: an application for a certificate for a utility innovation may be converted into an application for a patent. A request for conversion must be made within three months from the Registrar's report on the substantive examination of the application and such period is not extendible.

Examination: utility innovation applications undergo both formalities and substantive examination. In addition to the standard substantive examination procedure, the modified substantive examination procedure is also available. As in the case of patents, the same right to defer a request for substantive or modified substantive examination applies.

Duration – extension: the duration of a utility innovation certificate granted pursuant to an application submitted before August 1, 2001, is five years but may be extended for two consecutive terms of five years each up to a maximum of fifteen years. In the case of utility innovation certificates granted pursuant to applications submitted as of August 1, 2001, they have a duration of ten years from the date of application but may be extended for two consecutive terms of five years each up to a maximum of twenty years. Any extension of the term of duration must be supported by affidavit evidence showing commercial exploitation of the utility innovation.

Use: if the innovation is not in use, the cause for the non-use has to be explained in the statutory declaration.

Annuities: annual fees remain payable from the third and each succeeding year during the term of the utility innovation. Late annual fees are payable within six months of expiry provided a surcharge is paid.

Opposition: there is no pre or post-grant opposition procedure.

Invalidation of utility innovations: same grounds and effects as in the case of “patents“.

Infringement: as in the case of “patent infringement“, except that the infringement action would have to be commenced within two years from the act of infringement.

Assignments: assignments including judicial assignments of registered utility innovations and applications are possible.

No overlapping patent and utility innovation protection: a patent and utility innovation certificate cannot be granted for the same inventions.