i-Breath stalled over rights


RM1.06mil Covid-19 device shelved due to copyright issues

PETALING JAYA: A Covid-19 screening and monitoring tool that cost RM1.06mil to develop in 2022 by a public university research team had to be shelved due to copyright ownership issues, according to the Auditor-General’s Report (AG’s Report).

It also revealed that a police report was lodged in October last year after 19 prototypes of the device went missing.

The AG’s Report 1/2026 said the Science, Technology and Innovation Ministry (Mosti) approved RM1.06mil in allocations to the National Institutes of Biotechnology Malaysia (NIBM) to develop a Covid-19 Screening and Monitoring Tool called “i-Breath” starting January 2022.

It stated that Clause 10.2.1 of the agreement between NIBM and Universiti Teknologi Malaysia (UTM) stipulated that the project’s intellectual property belonged to the government.

However, checks on the Intellectual Property Corporation of Malaysia (MyIPO) database showed that while two patents were filed under UTM, the copyright was registered under an individual’s name – specifically the project leader, the report said.

“As a result, the RM1.06mil project could not be commercialised because the government’s interests were not safeguarded as the copyright was registered under an individual’s name,” it added.

The report also said the device had not been registered with the Medical Device Authority.

It attributed the failure to the lack of clear procedures governing prototype asset records at UTM’s Research Management Centre (RMC).

In addition, the AG’s Report noted there was no segregation of financial duties for procurement related to prototypes, clinical trials, raw materials and market analysis. This involved 16 payment vouchers totalling RM0.89mil.

“The head of research, who is also the head of department, ran a ‘one-man’ process for payment matters – including applying for local orders, verifying delivery orders and invoices, acknowledging receipt of goods and preparing and verifying docu­ments at the Responsibility Centre level,” it said.

The report further stated that out of 20 prototypes developed, only one remained in Mosti’s possession, while the remaining 19 were missing.

“UTM has instructed its research team in October last year to lodge a police report regarding the missing 19 prototypes,” it said.

MyIPO, in response to the AG’s Report dated Dec 8 last year, said two patent applications for the i-Breath device were still under substantive examination.

It said the examination report was expected between late December last year and late January this year.

Meanwhile, the copyright remained regis­tered under the project leader’s name, and no applications for amendment, transfer of ownership or change of ownership had been filed since the notification dated Sept 29, 2021.

UTM’s response, as highlighted in the report, stated that the research team had lodged a police report regarding the missing 19 devices.

The university also said it would submit a full report on the project’s implementation, including an explanation regarding the status of the missing prototypes, to Mosti for final closure.

The university’s RMC also informed auditors that the project leader registered the intellectual property under their own name, bypassing UTM’s Innovation and Commercialisation Centre (ICC), the official body handling such matters.

It added that the copyright for the “algorithm for identification of Covid-19 using breathing pattern” had been registered before the project commenced.

On the project’s potential value, UTM said, subject to Mosti’s approval, the technical findings and knowledge gained from the i-Breath development could serve as a basis for further research or commercialisation through industry collaboration.

The full report is available at https://lkan.audit.gov.my from 10am yesterday.

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