By Aaina Kamillia
Third-Party Observations (TPO) empower businesses, innovators, and individuals to ensure that only legitimate, novel, and inventive inventions receive patent protection. With the launch of our new Third-Party Observation Filing Service, you now have a powerful tool to challenge patent applications that fail to meet Malaysia’s legal standards for patentability.
What is a Third-Party Observation?
The Malaysian Patents Act, amended in 2022, introduced Third-Party Observations. This formal procedure allows anyone to submit relevant prior art or observations to challenge the novelty or inventive step of a patent application under examination. In Malaysia, third parties can submit these observations once a patent application is published, adding a critical layer of scrutiny to the patent application process.
Why Challenge a Patent?
Globally, many patent applications are filed each year, and some may bypass the examination process despite not meeting criteria for novelty, inventive step, or industrial applicability. These patents can hinder competition, limit innovation, or create unwarranted monopolies. By filing a Third-Party Observation, you can:
- Protect Your Business Interests – Prevent a competitor’s patent application from blocking your product’s market entry and secure your market position.
- Preserve Market Competition – Stop flawed patents from granting unfair competitive advantages by submitting prior art or technical arguments.
- Promote Innovation – Support the patent office in granting only legitimate patents, encouraging healthy competition and truly innovative ideas.
How Our Third-Party Observation Filing Service Works
Our service helps individuals and companies prevent undeserving patents from being granted. Whether you are familiar with patent law or need expert guidance, our team is ready to assist.
- Consultation and Strategy
Our patent experts review the patent application and assess whether filing a TPO is a viable, strategic option. We compile the relevant prior art and technical arguments necessary to challenge the patent. - Submission of Observations
Once we identify the relevant documents and prepare the arguments, we handle the submission process, ensuring compliance with the Malaysian Intellectual Property Office (MyIPO). - Follow-Up and Monitoring
After filing, we monitor the application’s status and inform you of developments. We guide you on potential next steps if further action becomes necessary.
Benefits of Using Our Service
- Expert Guidance – Our experienced patent professionals understand Malaysian patent law and the TPO process.
- Confidential and Anonymous – File a TPO without revealing your identity, protecting your business from unwanted attention.
- Cost-Effective – Filing a TPO is significantly more affordable than pursuing litigation or invalidation proceedings.
- Timely Action – Prompt filing hinders undeserving applications from being granted, saving you from lengthy legal battles.
Who Should Use This Service?
Our Third-Party Observation Filing Service is ideal for:
- Businesses – Companies in competitive industries seeking to prevent invalid patents from blocking market access.
- Innovators – Inventors who want to protect their patented ideas from unjustly granted patents.
- Legal Professionals – Attorneys and patent agents looking for a strategic approach to defend against harmful applications.
- Researchers and Academics – Experts in specific technologies who aim to maintain a patent landscape free of invalid patents.
Act Now to Protect Your Interests!
Our Third-Party Observation Filing Service offers a fast, effective, and confidential way to challenge patent applications in Malaysia. By preventing invalid patents, you protect your business, foster innovation, and support a competitive marketplace.
For assistance or more information about IP protection, franchising, and translation, contact us at kass@kass.asia or +6012 693 9879 (Danny Ching).