08 Oct Industrial Design Registration Criteria
Generally, the criterion for a design to be registrable in Malaysia is that it must be “new” at the point the application is filed. This means that as long as the design has yet to be seen anywhere in the country, it will be considered to meet the above criterion.
Because of this, it is very important that you register your designs before showing them to the public – disclosure will rob the item off the novelty.
On the other hand, a design is deemed unregistrable if :
- the aesthetic appearance of the article is not significant, or the design only features on immaterial details
- it is a method or principle of construction
- it is contrary to public order or morality
- it is exclusively concerned with how the article functions
- it is applied on an article which is an integral part of another article, and the features of this article is dependent on its appearance
For international intellectual property protection, you need to file your Industrial Design in the foreign country in which you seek protection within 6 months from the initial filing date if you wish to enjoy a priority date from your first filing in your country. However, this only applies provided that the country is a member of the Paris Convention Treaty.