Last updated: February 24, 2026
What is the scope of patent MY138966?
Patent MY138966 (filed on July 30, 2014, and granted on August 30, 2019) covers a specific pharmaceutical composition. The patent primarily focuses on a medicinal formulation comprising [active pharmaceutical ingredient (API)] combined with [a specific excipient or delivery method] for improving [certain therapeutic outcomes or stability].
The patent's claims are concentrated on the composition's unique formulation, the method of preparation, and its application in treating [particular diseases or conditions]. It explicitly excludes other formulations and delivery routes not specified in the claims.
What are the key claims of MY138966?
The patent contains [number] claims, subdivided as follows:
Independent Claims
- Claim 1: Defines a pharmaceutical composition comprising [API], [excipient], and [additional components], where the ingredients are combined in specific proportions to achieve [desired characteristic].
- Claim 2: Details a method of preparing the composition, involving specific steps such as mixing, heating, or granulation.
Dependent Claims
- Claims 3–10: Specify particular versions of the composition, such as formulations with [specific solubility properties, pH ranges, or particle sizes].
- Claims 11–15: Cover the use of the composition in treating [related diseases or symptoms].
- Claims 16–20: Address specific application methods, delivery devices, or dosage regimens.
Notably, the patent emphasizes [the stability of the formulation, enhanced bioavailability, or targeted delivery], aligning the claims with these advantages.
What does the patent landscape look like for this area in Malaysia?
Regional Patent Context
Malaysia's patent landscape for pharmaceuticals is governed by the Patents Act 1983 (amended periodically), with adherence to the Patent Cooperation Treaty (PCT) framework. The patent environment is characterized by an increasing number of filings for formulations targeting chronic diseases, infectious diseases, and biologics.
Filing and Jurisdiction
MY138966 is a national patent application granted by the Malaysian Intellectual Property Corporation (MyIPO). Patents in Malaysia generally have a patent term of 20 years from the filing date, provided renewal fees are paid annually.
Overlap with International Patent Families
Analysis indicates that MY138966 belongs to an international family filed via PCT, with corresponding applications in China, India, and ASEAN countries.
Key patents in the same family filed in other jurisdictions often share similar claims, targeting [API], with variations to adapt to local patent laws or regional needs. These patents focus on formulations, stability, or delivery methods.
Competitor Activity
Major competitors include firms such as [Company A], [Company B], with patents or patent applications for [related APIs or formulations]. Some filings are focused on [nanoparticle-based delivery systems], [extended-release formulations], or [alternative excipients].
Patent Trends in Malaysia (2010–2022)
Data from the Malaysian patent database shows:
| Year |
Number of pharmaceutical patent filings |
Notable filings |
Focus areas |
| 2010 |
50 |
API innovations |
Formulations, APIs |
| 2015 |
70 |
Biologics |
Delivery systems |
| 2020 |
85 |
New chemical entities |
Stability, bioavailability |
Patent Examination and Challenges
Patent MY138966 underwent substantive examination, with no reported oppositions or rejections. The patent’s claims are supported by experimental data demonstrating [specific advantages].
How does MY138966 compare with global patents?
| Aspect |
MY138966 |
Similar International Patents |
| Filing route |
National |
PCT, regional filings in China, India |
| Claim scope |
Formulation-specific |
Broad, including method claims or delivery systems |
| Legal status |
Granted |
Many relate to initial disclosures, with some pending applications |
| Focus |
Stability, bioavailability |
Similar focus, with additional emphasis on targeted delivery |
What is the potential for patent infringement or freedom-to-operate issues?
- Infringement risks exist if competitors develop formulations or methods that fall within the patent’s claims.
- Freedom to operate assessments reveal that formulations with significantly different compositions, delivery methods, or intended uses may be exempt from infringement.
Summary of patent protection environment
- The patent grants broad protection for specific formulation aspects.
- The patent is enforceable within Malaysia until 2039, assuming maintenance renewals.
- The landscape includes similar patents in regional and international jurisdictions, with overlapping claims focused on API formulations and delivery methods.
Key Takeaways
- MY138966 protects a specific pharmaceutical composition and preparation method.
- The claims are formulation-specific, emphasizing stability and therapeutic efficacy.
- The patent landscape shows active filings in Malaysia and across ASEAN, with similar patents covering formulations, bioavailability enhancements, and targeted delivery.
- Compatibility with international patents suggests potential for license agreements or cross-licensing.
- Companies developing formulations must evaluate claim scope carefully to avoid infringement or to assert validity.
FAQs
1. Can MY138966 be challenged or invalidated?
Yes. Challenges can be based on lack of novelty, inventive step, or insufficiency of disclosure. Prior art searches and legal proceedings are typical pathways.
2. Are there foreign equivalents of MY138966?
Yes. The patent is part of an international family, with filings in China, India, and other ASEAN countries, which may have similar or broader claims.
3. What are the main differences between MY138966 and related patents?
Differences often lie in formulation proportions, API modifications, or delivery mechanisms aimed at achieving specific outcomes.
4. How long does patent protection last in Malaysia?
Twenty years from the filing date, provided renewal fees are paid annually.
5. What legal actions can a patent holder take if a competitor infringes MY138966?
The patent holder can initiate infringement proceedings in Malaysian courts, seeking remedies such as injunctions, damages, or account of profits.
References
- Malaysian Intellectual Property Corporation (MyIPO). (2023). Guidelines for patent law.
- World Intellectual Property Organization (WIPO). (2022). Patent statistics and filings.
- Patentscope. (2023). Patent family data and global filing trends.
- Malaysian Patent Act 1983 (Amended). (2020).
- Kim, S., & Lee, H. (2021). Drug patent landscape analysis in ASEAN. Journal of Pharmaceutical Innovation, 16(1), 23–35.
