Who is a patent agent?

A patent agent is a natural person who has the right to represent any person in relations with the national patent office on matters relating to the protection of intellectual property.

Why do we need the services of a patent agent in Malaysia?

Every Malaysian citizen and any legal entity registered in Malaysia has the right to independently submit to the national patent office documents related to ensuring the protection of their intellectual rights.

Meanwhile, many applicants choose the option of communicating with Rospatent through an agent. There are several reasons for this.

  • An experienced patent agent at the preliminary stage can, with a high degree of probability, assess the chances of the result of intellectual activity to successfully register. In many cases, the patent agent can immediately “cut off” obviously “impassable” options, which saves the applicant’s time and money in the future.
  • The patent agent thoroughly knows the requirements of the legislation, the national office, the requirements for the execution of the application and helps the applicant to draw it up in such a way as to minimize possible problems.
  • If the expert of the patent office has questions regarding the protectability of the claimed object, the applicant is sent a request from the office. The patent agent is well aware of how to properly build an argument and prepare a response, if necessary, selecting additional materials and documents.
  • If it is necessary to prove the position of the right holder or another party in the Chamber for Patent Disputes of Rospatent, it is the patent agent, armed with the knowledge of both the legislation and the procedural features of the case, who can achieve better results.

Thus, in the matter of effective interaction with the patent office, the choice in favour of a patent agent is obvious, and the correct organization of work in the case of attracting the services of an agent saves time and money, which allows the applicant to recoup the costs of these services.

Features of the legal status

The status of a patent agent exists in the vast majority of countries in the world. Features of the legal status of a patent agent are determined by the legislation of each country. In the Malaysian Federation, it is defined by a separate federal law of 30.12.2008 No. 316-FZ “On Patent Agent s”.

It is important that a patent agent registered in that jurisdiction has the right to represent applicants in the patent offices of each jurisdiction.

For example, a patent agent Malaysia has the right of representation in the Malaysian patent Office located in Moscow, which ensures the issuance of a Malaysian patent agent. Moreover, a Malaysian patent agent can become (subject to passing the qualification exam) only a patent agent registered in one of the states participating in the Malaysian Patent Convention.

The patent agent bears the statutory responsibility for the disclosure of information that has become known to him as part of the execution of the client’s order.

A patent agent is prohibited by law from representing simultaneously clients whose economic interests conflict unless both parties have given their consent.

For violations committed by the agent in the performance of his obligations under the contract with the client, the patent agent may be deprived of the status; in the event of damage to the client, the patent agent is personally liable in accordance with the law.