Msc Status 4.0 msc status

Malaysian patents in the context of Industry 4.0


Format of a Malaysian Patent


Title

Your patent will have a Title: it's important that you choose a very meaningful but short phrase to best represent what is your patent all about. Also bear in mind that people will search your patent (whether granted or not) using search phrases, most probably using common words that are non-technical. Only use technical jargon if there is no other choice. A good title will give the examiner a better understanding of what you want to present. Do not allow the examiner to be confused as to what you have to offer after reading the content. Unlike what is often presented to the US examiner, it would be best to present a well concisely written content that is short on verbosity and in the Malaysian environment.


Technical Field

It is important to start off with telling what the field of art from the very beginning as this will put the examiner's mind on to the right track. Do not waste the examiner's time by beating around the bush or even confuse things. It is an art to tell the field you are in in the least technical jargon as far as possible. This is important when you are into biotechnology fields where new terms have to be used.


Prior Art

It is good to tell upfront to your examiner what are the prior arts that you know of. Of course it is the examiner's duty to search but it is better if you can show your expertise in the field. If you are able to quote two examples, then it will show you have done your research, rather than let the examiner to do their work. It will also make a good start for the examiner as the job of examining patents is very boring to say the least. The next question is to state the problems arising with the use of those prior arts. Tell all that you are aware of and then some of your speculation from the eye of a person known in the arts. You might have to do more research on these as it will put the mind of the examiner focus on what your solution will achieve.


Disclosures

Your disclosures must as far as possible enlighten the examiner as to your solution. In this instance, try to be brief. It's like just opening the door and inviting your guest to come in to take a look. It is also critical to put it in the least amount of words but explaining in the simplest terms without having to use unfathomable technical jargons that might not ring a bell.

The next thing is to quote a specific example and usage of your solution. Again, make things simple and through a step by step methodology. Imagine you are the science teacher teaching your student how the thing works and do not assume that your reader is knowledgeable about the subject matter. Again if you have to use technical jargon, do elaborate on it for the benefit of the reader bearing in mind that not only the examiner reads it but also other people who is doing a search of your patent.


Industry Use

If possible, elaborate on how the industry will benefit from the use of your solution. Remember that one of the reasons for granting you a patent is whether it can be used by the industry. A patent subject must have industrial usage. Here, it would be better if you can propose new usages that the man skilled in the arts will not have thought possible. It also has to be innovative as it is best for the industries to move forward.


Claims scope

Claims are the most important as it will mean what protection you will be given when you obtain the patent grant. Claims that are too wide will not be allowed and claims that are too narrow will not mean anything in terms of protection. But it is important that you have it stated the kind of innovation that you have to offer. Putting the right words will mean that you have to do plenty of research on other people's claim, so that you do not unwittingly use the words that mean the same thing as other's claim.


Abstract

Abstracts will have to be very clearly defined in the simplest of terms as it is the second item that other people doing a search will focus on. Again do not use highly technical terms (new terms that others do not know about). Abstracts used to be accompanied by a drawing so that you can visualise what is the subject matter when you do a search and also on the only page available online. Unfortunately most jurisdictions has done away with this offer, especially on those newer patents and in a way have left much wanting when people do a search online.


Where does Malaysia stand in terms of Industry 4.0 adoptions?

Malaysia, like many other countries is trying to move fast into the realm of Industrial revolution 4.0 or Industry 4.0 for short. But unlike Industry 3.0, which involved the automation of single machine and process, Industry 4.0 encompasses end-to-end digitization and data integration of the whole value chain: from the source of the raw materials to the end user of the product, digitally connecting all the physical as well as the virtual assets along the way. The end game is: efficiency at all levels. Thus, we are now entering a fully digitised world but what about our intellectual property system? Unfortunately, as far as intellectual property is concerned, we are at the Industry 3.0 level. One case in point, we do not recognise anything that got to do with software as if we cannot see the whole world is run on digits! Perhaps MYIPO will need to do a soul searching so that changes can be made just so to allow Malaysia to move forward into the era of Industry 4.0.


Consequences of IR 4.0

Just imagine:

1. Entire business sectors disappear or change overnight

2. Labour market highly disrupted due to automation

3. Education systems failing to grasp what the industries want (educationist living in their ivory towers)

4. Governments are panicking because their industries cannot catch up with the big boys

5. Societies are talking about being paid a salary without having to do any work(as there are non-suitable for them)


IP Revolution

The licensing system of today is so passed as it belongs to Industry 3.0

Because everything moves at lightning speeds, software, which runs most of innovation today becomes obsolete in no time. If even we grant software patent, the idea of offering twenty years protection should be reviewed. Do be prepared with what Quantum Computing will do to encryption and blockchains! Also, the meaning of fundamental concepts of what constitutes a patent should be challenged: instead of novelty and obviousness, innovating should be considered. If a thing is innovative, it will be adopted by the industry sooner or later. It is critical in these times of industrial revolution, Computer Implemented Inventions (innovations) must take precedence rather than the oldies like novelty and obviousness: patent authorities will have to buck up.