Page 45 - NATIONAL INSTITUTES OF HEALTH (NIH) GUIDELINES FOR CONDUCTING RESEARCH IN MINISTRY OF HEALTH (MOH) INSTITUTIONS & FACILITIES 3RD EDITION 2021

12.3. IP Patenting Process

i. Investigators will need to conduct a preliminary search after obtaining the approval for
patent registration. The search may include a comparison with the currently available
products.
ii. Information on the research products shall be disclosed after a meeting is conducted
between the investigators and the potential companies. This is in order for the IP agents
to have precise and sufficient information for the execution of the subsequent process.
NDA shall be signed during the meeting.
iii. The assigned IP agent is required to conduct a comprehensive patent professional
search based on the information obtained earlier.
iv. If it is found that the research product(s) is a novel discovery, patent drafting will be
initiated by the IP agent. Further information may be needed from the investigators to
properly draft the patents based on the specific areas of interest that they intend to
protect.
v. Once completed, the IP agent will file a patent request to the Intellectual Property
Corporation of Malaysia (MyIPO). The patent request will be examined for its novelty
and impact (Diagram 6: Patent Preliminary Search) [38].

12.4. Commercialisation

i. The potential patented products may be commercialised by collaborating with the right
industrial partner for mass production. Match-making between the investigators with
the patent and industry will be initiated.
ii. Royalty rights will be discussed and finalised in the MoA between MOH and the industry
partners based on patent ownership rights and contributions.
iii. Further information on the commercialisation mechanism at the MOH level can be
retrieved from “Garis Panduan Mekanisme Pengkomersialan Produk Inovasi KKM”
which can be downloaded at https://pengurusan.moh.gov.my/v3/download. MOH
investigators are subjected to adhere to this guideline [39].
iv. MOH investigators shall refer to the following unit regarding relevant procedures on the
commercialisation:

Innovation and Quality Unit,
Management Service Division,
Ministry of Health,
Level 7, Block E7, Complex E
Pusat Pentadbiran Kerajaan Persekutuan
62590 Wilayah Persekutuan Putrajaya.
Phone: +603-8883 2864
Fax: +603-8889 4971

v. Grants for commercialisation can also be applied from the Ministry of Science,
Technology and Innovation (MOSTI) under the Industrial and Commercialization Funds
[40]. For support and reference, the Fund Division from Technology Development Sector
of MOSTI had published few guidelines to guide investigators on grant application
process [41-42].

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