In a recent patent invalidation suit IEV International Pty Ltd v Sadacharamani a/l Govindasamy  2 MLJ 754, at the High Court of Malaya in Kuala Lumpur, validity of two Malaysian patents was put on test and the Court found that both patents are invalid for lack of novelty and an inventive step.
The Plaintiff had filed an application to revoke the Defendant’s Malaysian Patents No. MY-119064-A and MY-119147-A as the inventions described in the ‘064 and the ‘147 Patents lack novelty and an inventive step.
The Plaintiff has alleged that the Defendant was a Manager of the Plaintiff’s Malaysian Office between January 1991 and December 1992 and had access to a wide range of confidential information and documents relating to the Plaintiff’s products and their patent documents. Shortly after the Defendant resigned from the Plaintiff, the Defendant had filed two patent applications in Malaysia on 1 September 1993 (which subsequently has been granted as the ‘147 Patent on 30 April 2005) and on 3 September 1993 (which subsequently has been granted as the ‘064 Patent on 31 March 2005).