A landmark decision gives much needed guidance on patent invalidation in Malaysia – not just from a substantive viewpoint but also in practice as it clarifies what needs to be pleaded. Bahari Yeow, Zhi Jian Lim and Alex Choo explain why it also gives encouragement to patent owners that their grant of patent will not-so-easily be challenged.
Imagine this: You’ve spent years and large amounts of money on research and development to invent a life-changing invention. You then apply to register your patent. After several years, HOORAY! You finally have your grant which entitles you to exclusive rights to exploit your patent.
After enduring the arduous registration process, safe to say it is a patent owner’s greatest fear that his or her patent may be invalidated. Unfortunately, this is a common defence by infringers when faced with a patent infringement action. But the question begs – is it that simple to invalidate a patent?
The recent Federal Court decision in YKL Engineering Sdn Bhd v. Sungei Kahang Palm Oil Sdn Bhd & Anor [2022] 8 CLJ 32 provides some much-needed guidance patent invalidation. This article aims to analyze the findings and ascertain the implications of this landmark decision. Read more