- PATENTS (AMENDMENT) ACT 2006
- Amendment of section 78A
- Amendment of section 78D
- Amendment of section 78F
- Amendment of section 78G
- Deletion of section 78H
- Deletion of section 78I
- Amendment of section 78K
- New section 78KA
- Amendment of section 78M
- Substitution of section 78O
- New section 78OA
- Deletion of section 78P
- Amendment of section 7
LAWS OF MALAYSIA
Act A1264
PATENTS (AMENDMENT) ACT 2006
Date of Royal Assent … 15 June 2006
Date of publication in the Gazette ... 29 June 2006
An Act to amend Patents Act 1983.
ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Patents (Amendment)
Act 2006.
(2) This Act comes into operation on a date to be appointed by
the Minister by notification in the Gazette.
New section 35B
2. The Patents Act 1983 [Act 291], which is referred to as the
“principal Act” in this Act, is amended by inserting after section
35A the following section:
“Applicant or Patent Registration Office may request for
international search
35B. (1) Any applicant who files an application, other than
an international application, for the grant of a patent with the
Patent Registration Office may request that an international
search be carried out on such application by the International
Searching Authority which is specified under subsection 78L(1).
(2) The Patent Registration Office may subject an application,
other than an international application, for the grant of a
patent filed with it to an international search to be carried out
by the International Searching Authority which is specified
under subsection 78L(1).
(3) Where a search is carried out on an application pursuant
to subsection (1) or (2), the description and claims contained
in the application shall be presented in the languages specified
by the International Searching Authority and the search fees
as specified by the International Searching Authority shall be
paid by the applicant either to the International Searching
Authority directly or via the Patent Registration Office.”.
Amendment of section 78A
3. Section 78A of the principal Act is amended—
(a) by inserting after the definition of “national phase” the
following definitions:
‘ “State” means a state which is a party to the Treaty;
“patent” includes utility innovation;’;
(b) in the national language text, by inserting a semicolon at
the end of the definition of “permohonan antarabangsa”;
(c) in the English text, by substituting for the full stop at the
end of the definition of “international application” a
semicolon; and
(d) by substituting for the semicolon at the end of the definition
of “Treaty” a full stop.
Amendment of section 78D
4. Section 78D of the principal Act is amended by substituting for
the words “or utility innovation under Part VI” the words “under
Parts IVA and VI”.
Amendment of section 78F
5. Section 78F of the principal Act is amended by substituting for
the word “Any” the words “Subject to section 23A, any”.
Amendment of section 78G
6. Section 78G of the principal Act is amended—
(a) in subsection (1), by inserting after the word “abstract”
the words “in the form as specified in the Treaty”;
(b) by inserting after subsection (1) the following subsection:
“(1A) An international application shall be filed in
the English language.”;
(c) by inserting after subsection (2) the following subsection:
“(2A) An international application which has been
accorded an international filing date shall have the
effect of a patent application under this Act if the
application designates Malaysia for the purpose of
obtaining a patent under this Act and the international
filing date shall be considered to be the filing date for
the purposes of Parts IVA and VI.”; and
(d) by deleting subsection (3).
Deletion of section 78H
7. Section 78H of the principal Act is deleted.
Deletion of section 78I
8. Section 78I of the principal Act is deleted.
Deletion of section 78J
9. Section 78J of the principal Act is deleted.
Amendment of section 78K
10. Section 78K of the principal Act is amended by deleting the
words “and its rules”.
New section 78KA
11. The principal Act is amended by inserting after section 78K
the following section:
“Fees