(Act 291, as last amended by the Patents (Amendment) Act 1993)
(Act A 863)
ARRANGEMENT OF SECTIONS
Section
Part I: Preliminary
Part II: Patents Board
Part III: Administration
Part IV: Patentability
Part IVA: Utility Innovations
Part V: Rights to a Patent
Part VI: Application, Procedure for Grant and Duration
Requirements of Application 23
Applications by Residents to be filed in Malaysia First 23A
Priority Date 27A
Filing Date 28
Request for Substantive Examination or Modified Substantive Examination 29A
Substantive Examination and Modified Substantive Examination 30
Prohibition of Publication of Information Which Might be Prejudicial to the Nation 30A
Notice of a Trust not to be Registered 32A
Examination of Register and Certified Copies 33
Certified Copies of or Extracts from Register, etc. Admissible as Evidence in Court 33A
Amendments to the Register 33B
Part VII: Rights of Owner of Patent
Part VIII: Assignment and Transmission of Patent Applications and Patents
Part IX: Licence Contracts
Part X: Compulsory Licences
Definition 48
Application for Compulsory Licences 49
Application for Compulsory Licence Based on Interdependence of Patents 49A
Request for Grant of Compulsory Licence 50
Scope of Compulsory Licence 52
Limitation of Compulsory Licence 53
Amendment, Cancellation and Surrender of Compulsory Licence 54
Part XI: Surrender and Invalidation of Patent
Part XII: Infringement
Part XIII: Offences
Applications in Contravention of Section 23A 62A
Publication of Information in Contravention of Registrar’s Directions 62B
Falsification of Register, etc. 63
Unauthorised Claim or Patent 64
Unauthorised Claim that Patent has been Applied for 65
Misuse of Title “Patent Registration Office” 66
Unregistered Persons Practising, etc., as a Patent Agent 66A
Part XIV: Powers Relating to Enforcement
Part XV: Miscellaneous
Power of Registrar to Amend Patent Application 79
Power of Registrar to Amend Patent 79A
Exercise of Discretionary Power 81
Extension of Time by Reason of Error in Patent Registration Office 83
Certificate by the Registrar 83A
Refusal to Grant Patent by the Registrar 85
Regulations 87
Appeal 88
Repeal and Saving Provisions 89
Transitional 90
Short Title, Commencement and Application
1.—(1) This Act may be cited as the Patents Act 1983 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint.
(2) This Act shall apply throughout Malaysia.
2. This Act shall apply to patent applications made after the commencement of this Act and to the registration of patents made on such applications.
3. In this Act, unless the context otherwise requires—
“authorised officer” means an officer authorised under section 68;
“Board” means the Patents Board established under this Act;
“Court” means the High Court, or Judge thereof;
“employee” means a person who works or has worked under a contract of employment, or who is in employment under, or for the purposes of, any individual or organisation;
“employer,” in relation to an employee, means the person by whom the employee is or was employed;
“Examiner” means any person, government department, unit, organisation, or any foreign or international patent office or organisation, appointed by the Board to whom the Registrar may refer questions concerning patents;
“filing date” means the date recorded by the Registrar as the filing date under section 28;
“owner of the patent” or “owner of a patent” means the person for the time being recorded in the Register as the grantee of a patent;
“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
“patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied;
“prescribed” means prescribed by regulations made under this Act;
“priority date” means the date prescribed in section 27A;
“process” includes an art or a method;
“product” means any thing which appears in tangible form, and includes any apparatus, article, device, equipment, handicraft, implement, machine, substance and composition;
“Register” means the Register of Patents and the Register for Certificates for Utility Innovations kept under this Act;
“Registrar” means the Registrar of Patents;
“right,” in relation to any patent application or patent, includes an interest in the patent application or patent and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent.
Establishment and Composition of Patents Board
4.—(1) There shall be established a Patents Board which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued and whose functions shall be—
(a) to issue certificates for utility innovations;
(b) to consider applications for compulsory licences under subsection (2) of section 51;
(c) to appoint Examiners; and
(d) to advise the Minister generally on matters pertaining to this Act.
(1A) The Board may delegate any of its functions under paragraphs (a) and (b) of subsection (1) to any person it deems fit.
(2) The Board shall consist of the following members:
(a) the Secretary-General of the Ministry charged with the responsibility for industrial property, who shall be the Chairman;
(b) a Deputy Chairman, who shall be appointed by the Minister from amongst persons who, in the opinion of the Minister, by reason of their knowledge and experience would be of substantial service to the development of industrial property;
(c) a representative of the Ministry charged with the responsibility for industrial property, to be appointed by the Secretary-General of that Ministry;
(d) a representative of the Ministry charged with the responsibility for industry, to be appointed by the Secretary-General of that Ministry;
(e) a representative of the Ministry charged with the responsibility for science and technology, to be appointed by the Secretary-General of that Ministry;
(f) a representative of the National Scientific Council for Research and Development, to be appointed by that Council;
(g) a representative of the representing research institutes, to be appointed by the Minister;
(h) a representative of the institutions of higher learning, to be appointed by the Minister; and
(i) not more than three other persons whom the Minister considers fit and proper persons to be members of the Board, to be appointed by the Minister.
(3) Any member of the Board appointed under paragraph (b), (g), (h) or (i) of subsection (2) shall, unless his appointment is sooner revoked or he sooner resigns, hold office for such period not exceeding two years as the Minister may determine and shall be eligible for reappointment.
Appointment of Alternate Member of Board
5.—(1) The Minister may in respect of each member of the Board appointed under paragraph (g), (h) or (i) of subsection (2) of section 4 appoint another person representing the same interest as that member to be that member’s alternate and such alternate member may attend the meetings of the Board in place of that member if that member is for any reason unable to attend.
(1A) Another person from the same Ministry or body as a member appointed under paragraph (c), (d), (e), or (f) of subsection (2) of section 4 may be appointed by the respective appointing authorities mentioned in those paragraphs to be that member’s alternate and such alternate member may attend the meetings of the Board in place of that member if that member is for any reason unable to attend.
(2) When attending a meeting of the Board in the absence of the member in respect of whom he is appointed to be an alternate, an alternate member shall for all purposes be deemed to be a member of the Board.
(3) An alternate member shall, unless his appointment is sooner revoked or he sooner resigns, cease to be an alternate member when the member in respect of whom he is an alternate is deemed to have vacated his office or otherwise ceases to be a member of the Board pursuant to the provisions of this Act but this shall be without prejudice to such alternate member being appointed as a member or reappointed as an alternate member.
6. The members and alternate members of the Board may be paid such remuneration as the Minister may determine.
First Schedule to apply to Board and members
7. The provisions of the First Schedule shall apply in respect of the Board, its members and alternate members.
Protection in Respect of Acts Done in Pursuance of this Act
7A. A member of the Board or an Examiner shall not be personally liable for or in respect of any act, matter or thing done or omitted to be done in good faith and in the proper exercise of any of his duties or functions as a member of the Board or an Examiner under this Act.
Registrar, Deputy Registrar and Assistant Registrar
8.—(1) The Minister may appoint a Registrar of Patents who shall be conferred with powers and functions for the proper administration of this Act.
(2) The Minister may give the Registrar any direction not inconsistent with the provisions of this Act as to the exercise and performance of the powers and functions in relation to any matter which appears to him to concern the development of industrial property and other matters connected therewith and the Registrar shall give effect to any such direction.
(3) The Minister may appoint such number of Deputy Registrars of Patents as may be necessary for carrying out the provisions of this Act and the Deputy Registrars shall, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act except the power of delegation referred to in subsection (5).
(4) The Minister may appoint such number of Assistant Registrars of Patents as may be necessary for carrying out the provisions of this Act and the powers and functions of an Assistant Registrar shall be as prescribed by the Minister or delegated by the Registrar pursuant to subsection (5).
(5) The Registrar may, in relation to a particular matter or class of matters by writing under his hand, delegate all or any of his powers or functions under this Act, except his power of delegation, to an Assistant Registrar so that the delegated powers and functions may be exercised by the Assistant Registrar so delegated but a delegation made under this subsection is revocable at the discretion of the Registrar and does not prevent the exercise of that power or function by the Registrar or Deputy Registrar.
(6) The Registrar shall have a seal of such device as may be approved by the Minister and the impressions of such seal shall be judicially noticed and admitted in evidence.
9.—(1) For the purposes of this Act there shall be established a Patent Registration Office which would be the office of the Registrar.
(2) The Patent Registration Office shall be the secretariat to the Board.
(3) The Registrar shall be responsible for the administration of the Patent Registration Office.
(4) The Minister may, by notification in the Gazette, establish such number of branch offices of the Patent Registration Office as he may deem necessary for the purposes of this Act.
(5) Any application or other document required or permitted to be filed at the Patent Registration Office may be filed at any branch office of the Patent Registration Office and such application or other document shall be deemed to have been filed at the Patent Registration Office.
10. There shall be a patent information service which provides information to the public upon payment of the prescribed fee.
11. An invention is patentable if it is new, involves an inventive step and is industrially applicable.
12.—(1) An invention means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology.
(2) An invention may be or may relate to a product or process.
13.—(1) Notwithstanding the fact that they may be inventions within the meaning of section 12, the following shall not be patentable:
(a) discoveries, scientific theories and mathematical methods;
(b) plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-organisms, micro-biological processes and the products of such micro-organism processes;
(c) schemes, rules or methods for doing business, performing purely mental acts or playing games;
(d) methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body:
Provided that this paragraph shall not apply to products used in any such methods.
(2) For the purpose of subsection (1), in the event of uncertainty as to whether the items specified therein shall be patentable or not, the Registrar may refer the matter to the Examiner for an opinion and the Registrar shall thereafter give a decision as to whether to include or exclude such item as being patentable, as the case may be.
14.—(1) An invention is new if it is not anticipated by prior art.
(2) Prior art shall consist of—
(a) everything disclosed to the public, anywhere in the world, by written publication, by oral disclosure, by use or in any other way, prior to the priority date of the patent application claiming the invention;
(b) the contents of a domestic patent application having an earlier priority date than the patent application referred to in paragraph (a) to the extent that such contents are included in the patent granted on the basis of the said domestic patent application.
(3) A disclosure made under paragraph (a) of subsection (2) shall be disregarded—
(a) if such disclosure occurred within one year preceding the date of the patent application and if such disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title;
(b) if such disclosure occurred within one year preceding the date of the patent application and if such disclosure was by reason or in consequence of any abuse of the rights of the applicant or his predecessor in title;
(c) if such disclosure is by way of a pending application to register the patent in the United Kingdom Patent Office as at the date of coming into force of this Act.
(4) The provisions of subsection (2) shall not exclude the patentability of any substance or composition, comprised in the prior art, for use in a method referred to in paragraph (d) of subsection (1) of section 13, if its use in any such method is not comprised in the prior art.
15. An invention shall be considered as involving an inventive step if, having regard to any matter which forms part of the prior art under paragraph (a) of subsection (2) of section 14, such inventive step would not have been obvious to a person having ordinary skill in the art.
16. An invention shall be considered industrially applicable if it can be made or used in any kind of industry.
17. For the purposes of this Part and any regulations made under this Act in relation to this Part, “utility innovation” means any innovation which creates a new product or process, or any new improvement of a known product or process, which can be made or used in any kind of industry, and includes an invention.
17A.—(1) Except as otherwise provided in this Part, the provisions of this Act, subject to the modifications in the Second Schedule, shall apply to utility innovations in the same manner as they apply to inventions.
(2) Sections 11, 15, 16, 26, Part X, and sections 89 and 90 shall not apply to utility innovations.
Conversion from an Application for a Patent into an Application for a
Certificate for a Utility Innovation, and Vice Versa
17B.—(1) An application for a patent may be converted into an application for a certificate for a utility innovation.
(2) An application for a certificate for a utility innovation may be converted into an application for a patent.
(3) A request to convert an application for a patent into an application for a certificate for a utility innovation or to convert an application for a certificate for a utility innovation into an application for a patent shall be filed by the applicant and shall comply with regulations made under this Act.
(4) A request for conversion under this section shall be filed not later than six months from the date the Registrar makes known to the applicant the report made by the Examiner in accordance with subsection (1) or (2) of section 30.
(5) A request for conversion under this section shall not be entertained unless the prescribed fee has been paid to the Registrar.
(6) An application which has been converted shall be deemed to have been filed at the time the initial application was filed.
Patent and Certificate for a Utility Innovation Cannot both be Granted
for the Same Invention
17C.—(1) If an applicant for a patent has also—
(a) made an application for a certificate for a utility innovation; or
(b) been issued with a certificate for a utility innovation,
and the subject-matter of the application for a patent is the same as the subject-matter of the application mentioned in paragraph (a) or of the certificate mentioned in paragraph (b), a patent shall not be granted until the application mentioned in paragraph (a) has been withdrawn or the certificate mentioned in paragraph (b) has been surrendered.
(2) If an applicant for a certificate for a utility innovation has also—
(a) made an application for a patent; or
(b) been granted a patent,
and the subject-matter of the application for a certificate for a utility innovation is the same as the subject-matter of the application mentioned in paragraph (a) or of the patent mentioned in paragraph (b), a certificate for a utility innovation shall not be granted until the application mentioned in paragraph (a) has been withdrawn or the patent mentioned in paragraph (b) has been surrendered.
18.—(1) Any person may make an application for a patent either alone or jointly with another.
(2) Subject to section 19, the rights to a patent shall belong to the inventor.
(3) Where two or more persons have jointly made an invention, the rights to a patent shall belong to them jointly.
(4) If two or more persons have separately and independently made the same invention, and each of them has made an application for a patent, the right to a patent for that invention shall belong to the person whose application has the earliest priority date.
Judicial Assignment of Patent Application or Patent
19. Where the essential elements of the invention claimed in a patent application or patent have been unlawfully derived from an invention for which the right to the patent belongs to another person, such other person may apply to the Court for an order that the said patent application or patent be assigned to him:
Provided that the Court shall not entertain an application for the assignment of a patent after five years from the date of the grant of the patent.
Inventions Made by an Employee or Pursuant to a Commission
20.—(1) In the absence of any provisions to the contrary in any contract of employment or for the execution of work, the rights to a patent for an invention made in the performance of such contract of employment or in the execution of such work shall be deemed to accrue to the employer, or the person who commissioned the work, as the case may be:
Provided that where the invention acquires an economic value much greater than the parties could reasonably have foreseen at the time of concluding the contract of employment or for the execution of work, as the case may be, the inventor shall be entitled to equitable remuneration which may be fixed by the Court in the absence of agreement between the parties.
(2) Where an employee whose contract of employment does not require him to engage in any inventive activity makes, in the field of activities of his employer, an invention using data or means placed at his disposal by his employer, the right to the patent for such invention shall be deemed to accrue to the employer, in the absence of any provision to the contrary in the contract of employment:
Provided that the employee shall be entitled to equitable remuneration which, in the absence of agreement between the parties, may be fixed by the Court taking into account his emoluments, the economic value of the invention and any benefit derived from it by the employer.
(3) The rights conferred on the inventor under subsections (1) and (2) shall not be restricted by contract.
Inventions by Government Employee
21. Notwithstanding the provisions of subsection (3) of section 20, the provisions of that section shall apply to a Government employee or an employee of a Government organisation or enterprise unless otherwise provided by rules or regulations of such Government organisation or enterprise.
22. Where the right to obtain a patent is owned jointly, the patent may only be applied for jointly by all the joint owners.
Part VI
Application, Procedure for Grant and Duration
23. Every application for the grant of a patent shall comply with the regulations as may be prescribed by the Minister under this Act.
Applications by Residents to be Filed in Malaysia First
23A. No person resident in Malaysia shall, without written authority granted by the Registrar, file or cause to be filed outside Malaysia an application for a patent for an invention unless—
(a) an application for a patent for the same invention has been filed in the Patent Registration Office not less than two months before the application outside Malaysia; and
(b) either no directions have been issued by the Registrar under section 30A in relation to the application or all such directions have been revoked.
24. An application for the grant of a patent shall not be entertained unless the prescribed fee has been paid to the Registrar.
25. An applicant may withdraw his application at any time during its pendency by submitting a declaration in the prescribed form to the Registrar, and such withdrawal may not be revoked.
26. An application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept.
26A. The applicant may amend the application:
Provided that the amendment shall not go beyond the disclosure in the initial application.
26B.—(1) The applicant may, within the prescribed time, divide the application into two or more applications (“divisional applications”):
Provided that each divisional application shall not go beyond the disclosure in the initial application.
(2) Each divisional application shall be entitled to the priority date of the initial application.
27.—(1) An application may contain a declaration claiming the priority, pursuant to any international treaty or Convention, of one or more earlier national, regional or international applications filed, during the period of 12 months immediately preceding the filing date of the application containing the declaration, by the applicant or his predecessor in title in or for any party to the said international treaty or Convention.
(1A) The period of 12 months mentioned in subsection (1) may not be extended under the provisions of section 82.
(2) Where the application contains a declaration under subsection (1), the Registrar may require that the applicant furnish, within the prescribed time, a copy of the earlier application, certified as correct by the office with which it was filed or where the earlier application is an international application filed under any international treaty, by the International Bureau of the World Intellectual Property Organization.
(3) The effect of the declaration referred to in subsection (1) shall be as provided in the treaty or Convention referred to therein.
(4) Where any of the requirements of this section or any regulations pertaining thereto have not been complied with, the declaration referred to in subsection (1) shall be deemed to be invalid.
27A.—(1) Subject to subsection (2), the priority date of an application for a patent is the filing date of the application.
(2) Where an application contains the declaration mentioned in section 27, the priority date of the application shall be the filing date of the earliest application whose priority is claimed in that declaration.
28.—(1) The Registrar shall record as the filing date the date of receipt of the application: Provided that the application contains—
(a) the name and address of the applicant;
(b) the name and address of the inventor;
(c) a description;
(d) a claim or claims; and
(e) that at the time of receipt of the application the prescribed fee has been paid.
(2) Where the Registrar finds that, at the time of receipt of the application, the provisions of subsection (1) are not fulfilled, he shall request the applicant to file the required correction.
(3) Where the applicant complies with the request referred to in subsection (2), the Registrar shall record as the filing date the date of receipt of the required correction and where the applicant does not so comply, the Registrar shall treat the application as invalid.
(4) Where the application refers to drawings which in fact are not included in the application, the Registrar shall request the applicant to furnish the missing drawings.
(5) Where the applicant complies with the request referred to in subsection (4), the Registrar shall record as the filing date the date of receipt of the missing drawings and where the applicant does not so comply, the Registrar shall record as the filing date the date of receipt of the application and make no reference to the said drawings.
29.—(1) Where an application for a patent has a filing date and is not withdrawn, the Registrar shall examine the application and determine whether it complies with the requirements of this Act and the regulations made under this Act which are designated by such regulations as formal requirements for the purposes of this Act.
(2) If the Registrar, as a result of the examination under subsection (1), finds that not all the formal requirements are complied with, he shall give an opportunity to the applicant to make any observation on such finding and to amend the application within the prescribed period so as to comply with those requirements, and if the applicant fails to do so the Registrar may refuse the application.
Request for Substantive Examination or Modified Substantive Examination
29A.—(1) If an application for a patent has been examined under section 29 and is not withdrawn or refused, the applicant shall file, within the prescribed period, a request for a substantive examination of the application.
(2) If a patent or other title of industrial property protection has been granted to the applicant or his predecessor in title in a prescribed country outside Malaysia or under a prescribed treaty or Convention for an invention which is the same or essentially the same as the invention claimed in the application, the applicant may, instead of requesting for a substantive examination, request for a modified substantive examination.
(3) A request for a substantive examination or a modified substantive examination shall be made in the prescribed form and shall not be deemed to have been filed until the prescribed fee has been paid to the Registrar and any other prescribed requirement has been complied with.
(4) The Registrar may require the applicant to provide, at the time of filing a request for a substantive examination—
(a) any prescribed information or prescribed supporting document concerning the filing of any application for a patent or other title of industrial property protection filed outside Malaysia by such applicant or his predecessor in title with a national, regional or international industrial property office;
(b) any prescribed information concerning the results of any search or examination carried out by an International Searching Authority under the Patent Cooperation Treaty, relating to the same or essentially the same invention as that claimed in the application for which the request for a substantive examination is being filed.
(5) If the applicant—
(a) fails to file either a request under subsection (1) for a substantive examination or a request under subsection (2) for a modified substantive examination; or
(b) fails to provide the information or document referred to in subsection (4) as required by the Registrar,
within the prescribed period, the application for a patent shall, subject to subsection (6), be deemed to be withdrawn at the end of that period.
(6) Notwithstanding subsection (5), the Registrar may, upon the request of the applicant, grant a deferment of the filing of a request for examination referred to in subsection (1) or (2) or a deferment of the provision of the information or document referred to in subsection (4), and such deferment may be granted only on the grounds that—
(a) the patent or title referred to in subsection (2) has not been granted or is not available; or
(b) the information or document referred to in subsection (4) would not be available,
by the expiration of the prescribed period for the filing of a request under subsection (1) or (2).
(7) No deferment shall be granted under subsection (6) unless the request for such deferment is filed before the expiration of the prescribed period for the filing of a request under subsection (1) or (2) and no deferment may be sought nor granted for a period greater than that prescribed in the regulations made under this Act.
(8) Without prejudice to the power of the Registrar to grant a deferment, the period prescribed for the purposes of this section may not be extended under the provisions of section 82.
Substantive Examination and Modified Substantive Examination
30.—(1) Where a request for substantive examination has been filed under subsection (1) of section 29A, the Registrar shall refer the application to an Examiner who shall—
(a) determine whether the application complies with those requirements of this Act and the regulations made under this Act which are designated by such regulations as substantive requirements for the purposes of this Act; and
(b) report his determination to the Registrar.
(2) Where a request for a modified substantive examination has been filed under subsection (2) of section 29A, the Registrar shall refer the application to an Examiner who shall—
(a) determine whether the application complies with those requirements of this Act and the regulations made under this Act which are designated by such regulations as modified substantive requirements for the purposes of this Act; and
(b) report his determination to the Registrar.
(3) If the Examiner reports, in accordance with subsection (1) or (2), that any of the requirements referred to in subsection (1) or (2), as the case may be, are not complied with, the Registrar shall give the applicant an opportunity to make observations on the report and to amend the application so as to comply with those requirements, within the prescribed period, and if the applicant fails to satisfy the Registrar that those requirements are complied with, or to amend the application so as to comply with them, the Registrar may refuse the application.
(4) The Registrar may grant an extension of the prescribed period referred to in subsection (3) but such extension may be granted only once and no subsequent extension may be granted under the provisions of section 82.
(5) If the Examiner reports, in accordance with subsection (1) or (2), that the application, whether as originally filed or as amended, complies with the requirements referred to in subsection (1) or (2), as the case may be, the Registrar shall notify the applicant of that fact and, subject to subsection (6), shall process the application accordingly.
(6) Where two or more applications for a patent for the same invention having the same priority date are filed by the same applicant or his successor in title, the Registrar may on that ground refuse to grant a patent in pursuance of more than one of the applications.
(7) The Registrar may waive, as he deems fit, the requirement of referring an application or any part of it for substantive examination under subsection (1):
Provided that he shall notify in the Gazette his intention to waive such requirement and shall allow any party who would be aggrieved by such waiver to be heard on the matter.
Prohibition of Publication of Information which Might be
Prejudicial to the Nation
30A.—(1) Subject to any direction of the Minister, where an application for a patent is filed or is deemed to have been filed at the Patent Registration Office and it appears to the Registrar that the application contains information the publication of which might be prejudicial to the interest or security of the nation, he may issue directions prohibiting or restricting the publication of that information or its communication whether generally or to a particular person or class of persons.
(2) Subject to any direction by the Minister, the Registrar may revoke any direction issued by him under subsection (1) prohibiting or restricting the publication or communication of any information contained in an application for a patent if he is satisfied that such publication or communication is no longer prejudicial to the interest or security of the nation.
(3) Where directions issued by the Registrar under subsection (1) are in force in respect of an application, the application may proceed to the stage where it is in order for the grant of a patent but no patent shall be granted in pursuance of such application.
(4) Nothing in this section prevents the disclosure of information concerning an invention to a Ministry or a Government department or authority for the purpose of obtaining advice as to whether directions under this section should be made, amended or revoked.
31.—(1) The grant of a patent shall not be refused and a patent shall not be invalidated on the ground that the performance of any act in respect of the claimed invention is prohibited by any law or regulation, except where the performance of that act would be contrary to public order.
(2) Where the Registrar is satisfied that the application complies with sections 23, 29 and 30, he shall grant the patent and shall forthwith—
(a) issue to the applicant a certificate of grant of the patent and a copy of the patent together with a copy of the Examiner’s final report; and
(b) record the patent in the Register.
(2A) Where two or more persons have separately and independently made the same invention and each of them has made an application for a patent having the same priority date, a patent may be granted on each application.
(3) As soon as possible thereafter the Registrar shall—
(a) cause to be published in the Gazette a reference to the grant of the patent; and
(b) make available to the public, on payment of the prescribed fee, copies of the patent.
(4) The patent shall be deemed to be granted on the date that the Registrar performs the acts referred to in subsection (2).
32.—(1) The Registrar shall keep and maintain a register called the Register of Patents.
(2) The Register of Patents shall contain all such matters and particulars relating to patents as may be prescribed.
(3) The Register of Patents shall be kept in such form and on such medium as may be prescribed.
Notice of a Trust not to be Registered
32A. Notice of a trust, express, implied or constructive, shall not be entered in the Register or be accepted by the Registrar.
Examination of Register and Certified Copies
33. Any person may examine the Register and may obtain certified extracts therefrom on payment of the prescribed fee.
Certified Copies of or Extracts from Register, etc.
Admissible as Evidence in Court
33A.—(1) The Register shall be prima facie evidence of all matters required or authorised by this Act to be entered therein.
(2) Copies of or extracts from the Register, or of or from any document or publication in the Patent Registration Office, if certified by the Registrar in writing under his hand, shall be admissible in evidence in all courts without further proof or production of the original.
33B.—(1) The Registrar may, on request made in the prescribed manner by the owner of a patent, amend the Register—
(a) by correcting any error in the name or address of the owner of the patent; or
(b) by entering any change in the name or address of the owner of the patent.
(2) Where the Register has been amended under this section, the Registrar may require the certificate of grant of the patent to be submitted to him, and may—
(a) revoke the certificate of grant of the patent and issue a new certificate of grant of the patent; or
(b) make any consequential amendments in the certificate of grant of the patent as are rendered necessary by the amendment of the Register.
(3) Notwithstanding any other provision of this Act or the regulations made under this Act, no fee shall be payable by the owner of a patent in respect of a request to correct any error in the name or address of such owner unless such error is caused or contributed to by such owner.
Court May Order Rectification of the Register
33C.—(1) The Court may, on the application of any aggrieved person, order the rectification of the Register by directing—
(a) the making of any entry wrongly omitted from the Register;
(b) the expunging or amendment of any entry wrongly made in or remaining in the Register; or
(c) the correcting of any error or defect in the Register.
(2) Notice of every application under this section shall be served on the Registrar who shall have the right to appear and be heard, and who shall appear if so directed by the Court.
(3) Unless otherwise directed by the Court, the Registrar, in lieu of appearing and being heard, may submit to the Court a statement in writing signed by him—
(a) giving particulars in relation to the matter in issue;
(b) of the grounds of any decision given by him affecting the matter in issue;
(c) of the practice of the Patent Registration Office in like cases; or
(d) of such other matters relevant to the issues and within his knowledge as Registrar, as he thinks fit,
and such statement shall be deemed to form part of the evidence in Court.
(4) A sealed copy of an order under this section shall be served on the Registrar who shall, upon receipt of the order, take such steps as are necessary to give effect to the order.
34.—(1) Any person may, after the grant of a patent, inspect the file relating to the patent and, subject to subsection (2), the file relating to any patent application, and may obtain certified extracts therefrom on payment of the prescribed fee.
(2) The file relating to a patent application may be inspected before the grant of the patent only with the written permission of the applicant:
Provided that before the grant of the patent, the Registrar may divulge the following information to any person:
(a) the name, address and description of the applicant and the name and address of the agent, if any;
(b) the number of the application;
(c) the filing date of the application and, if priority is claimed, the priority date, the number of the earlier application and the name of the State in which the earlier application was filed or where the earlier application is a regional or an international application, the name of the country or countries for which and the office at which it was filed;
(d) the title of the invention;
(e) any change in the ownership of the application and any reference to a licence contract appearing in the file relating to the application.
(3) No person employed in or at the Patent Registration Office or the office of any Examiner may make a patent application or be granted a patent or acquire or hold in any manner whatever any rights relating to a patent during the period of his employment in or at the Patent Registration Office or the office of any Examiner and for one year after the termination of such employment.
35.—(1) Subject and without prejudice to the other provisions of this Act, a patent shall expire 15 years after the date of its grant.
(2) Where a patentee intends at the expiration of the second year from the date of grant of the patent to keep the same in force he shall, 12 months before the date of expiration of the second and each succeeding year during the term of the patent, pay the prescribed annual fee:
Provided, however, that a period of grace of six months shall be allowed after the date of such expiration, upon payment of such surcharge as may be prescribed.
(3) If the prescribed annual fee is not paid in accordance with subsection (2), the patent shall lapse, and a notice of the lapsing of the patent for non-payment of any annual fee shall be published in the Gazette.
Reinstatement of a Lapsed Patent
35A.—(1) Within two years from the date on which a notice of the lapsing of a patent is published in the Gazette—
(a) the owner of the patent or his successor in title; or
(b) any other person who would, if the patent had not lapsed, have been entitled to the patent,
may apply to the Registrar in the prescribed form to have the patent reinstated.
(2) The Registrar may reinstate a patent on an application made under subsection (1)—
(a) upon payment of all annual fees due and of a prescribed surcharge for reinstatement; and
(b) upon being satisfied that the non-payment of annual fees was due to accident, mistake or other unforeseeable circumstances.
(3) Where the Registrar reinstates a lapsed patent, he shall cause notice of the reinstatement to be published in the Gazette.
(4) The reinstatement of a lapsed patent shall not prejudice the rights acquired by third parties after it is notified in the Gazette that the patent has lapsed and before it is notified in the Gazette that the patent has been reinstated.
(5) The Minister may make regulations to provide for the protection or compensation of persons who have exploited or taken definite steps, by contract or otherwise, to exploit a patent after it is notified in the Gazette that the patent has lapsed and before it is notified in the Gazette that the patent has been reinstated, but any such protection shall not extend beyond such exploitation of the lapsed patent as such persons have availed themselves of or have taken definite steps to avail themselves of.
(6) No proceedings shall be taken in respect of an infringement of a patent committed after it is notified in the Gazette that the patent has lapsed and before it is notified in the Gazette that the patent has been reinstated.
Part VII
Rights of Owner of Patent
36.—(1) Subject and without prejudice to the other provisions of this Part, the owner of a patent shall have the following exclusive rights in relation to the patent:
(a) to exploit the patented invention;
(b) to assign or transmit the patent;
(c) to conclude licence contracts.
(2) No person shall do any of the acts referred to in subsection (1) without the consent of the owner of the patent.
(3) For the purposes of this Part, “exploitation” of a patented invention means any of the following acts in relation to a patent:
(a) when the patent has been granted in respect of a product:
(i) making, importing, offering for sale, selling or using the product;
(ii) stocking such product for the purpose of offering for sale, selling or using;
(b) when the patent has been granted in respect of a process:
(i) using the process;
(ii) doing any of the acts referred to in paragraph (a), in respect of a product obtained directly by means of the process.
(4) For the purposes of this section, if the patent has been granted in respect of a process for obtaining a product, the same product produced by a person other than the owner of the patent or his licensee shall, unless the contrary is proved, be taken in any proceedings to have been obtained by that process.
37.—(1) The rights under the patent shall extend only to acts done for industrial or commercial purposes and in particular not to acts done only for scientific research.
(2) The rights under the patent shall not extend to acts in respect of products which have been put on the market—
(i) by the owner of the patent;
(ii) by a person having the right referred to in section 38;
(iii) by a person having the right referred to in section 43;
(iv) by the beneficiary of a compulsory licence within the meaning of section 48.
(3) The rights under the patent shall not extend to the use of the patented invention on any foreign vessel, aircraft, spacecraft or land vehicle temporarily in Malaysia.
(4) The rights under the patent shall be limited in duration as provided for in section 35.
(5) The rights under the patent shall be limited by the provisions of section 35A, by the provisions on compulsory licences as provided in sections 51 and 52 and by the provisions on the rights of Government or any person authorised by the Government as provided in section 84.
Rights Derived from Prior Manufacture or Use
38.—(1) Where a person at the priority date of the patent application—
(a) was in good faith in Malaysia making the product or using the process which is the subject of the invention claimed in the application;
(b) had in good faith in Malaysia made serious preparations towards the making of the product or using the process referred to in paragraph (a),
he shall have the right, despite the grant of the patent, to exploit the patented invention:
Provided that the product in question is made, or the process in question is used, by the said person in Malaysia:
Provided further that he can prove, if the invention was disclosed under the circumstances referred to in paragraphs (a), (b) or (c) of subsection (3) of section 14 that his knowledge of the invention was not a result of such disclosure.
(2) The right referred to in subsection (1) shall not be assigned or transmitted except as part of the business of the person concerned.
Part VIII
Assignment and Transmission of Patent Applications and Patents
Assignment and Transmission of Patent Applications and Patents
39.—(1) A patent application or patent may be assigned or transmitted.
(2) Any person becoming entitled by assignment or transmission to a patent application or patent may apply to the Registrar in the prescribed manner to have such assignment or transmission recorded in the Register.
(3) No such assignment or transmission shall be recorded in the Register unless—
(a) the prescribed fee has been paid to the Registrar;
(b) in the case of an assignment, it is in writing signed by or on behalf of the contracting parties.
(4) No such assignment or transmission shall have effect against third parties unless so recorded in the Register.
Joint Ownership of Patent Applications or Patents
40. In the absence of any agreement to the contrary between the parties, joint owners of a patent application or patent may, separately, assign or transmit their rights in the patent application or patent, exploit the patented invention and take action against any person exploiting the patented invention without their consent, but may only jointly withdraw the patent application, surrender the patent or conclude a licence contract.
41.—(1) For the purposes of this Part, a “licence contract” means any contract by which the owner of a patent (the “licensor”) grants to another person or enterprise (the “licensee”) a licence to do any or all of the acts referred to in paragraph (a) of subsection (1), and subsection (3), of section 36.
(2) A licence contract shall be in writing signed by or on behalf of the contracting parties.
42.—(1) A licensor may in accordance with the regulations as prescribed by the Minister apply to the Registrar for an entry to be made in the Register to the effect that any person may obtain a licence.
(2) At any time after an entry has been made in the Register, any person may apply to the licensor through the Registrar for a licence.
(3) Where a licence contract is concluded between the parties, the contracting parties shall inform the Registrar accordingly and the Registrar shall record such fact in the Register.
(4) Upon a request in writing signed by or on behalf of the contracting parties, the Registrar shall, on payment of the prescribed fee, record in the Register such particulars relating to the contract as the parties thereto might wish to have recorded:
Provided that the parties shall not be required to disclose or have recorded any other particulars relating to the said contract.
(5) Where a licence contract is terminated, the contracting parties shall inform the Registrar of the termination and the Registrar shall record such termination in the Register.
(6) The licensor may in accordance with the regulations as prescribed by the Minister apply to the Registrar for the cancellation of the entry made under subsection (1).
43.—(1) In the absence of any provision to the contrary in the licence contract, the licensee shall be entitled to do any or all of the acts referred to in paragraph (a) of subsection (1), and subsection (3), of section 36 within the whole geographical area of Malaysia without limitation as to time and through any application of the invention.
(2) In the absence of any provision to the contrary in the licence contract, the licensee may not give to a third person his agreement to perform in Malaysia in respect of the invention any of the acts referred to in paragraph (a) of subsection (1), and subsection (3), of section 36.
44.—(1) In the absence of any provision to the contrary in the licence contract, the licensor may grant a further licence to a third person in respect of the same patent or himself do any or all of the acts referred to in paragraph (a) of subsection 1, and subsection (3), of section 36.
(2) Where the licence contract provides that the licence is exclusive and unless it is expressly provided otherwise in such contract, the licensor shall not grant a further licence to a third person in respect of the same patent or himself do any of the acts referred to in paragraph (a) of subsection (1), and subsection (3) of section 36.
Invalid Clauses in Licence Contracts
45. Any clause or condition in a licence contract shall be invalid in so far as it imposes upon the licensee, in the industrial or commercial field, restrictions not derived from the rights conferred by this Part on the owner of the patent, or unnecessary for the safeguarding of such rights:
Provided that—
(a) restrictions concerning the scope, extent or duration of exploitation of the patented invention, or the geographical area in, or the quality or quantity of the products in connection with, which the patented invention may be exploited; and
(b) obligations imposed upon the licensee to abstain from all acts capable of prejudicing the validity of the patent,
shall not be deemed to constitute such restrictions.
Effect of Patent Application not Being Granted
or Patent Being Declared Invalid
46. Where, before the expiration of the licence contract, any of the following events occur in respect of the patent application or patent referred to in such contract:
(a) the patent application is withdrawn;
(b) the patent application is finally rejected;
(c) the patent is surrendered;
(d) the patent is declared invalid;
(e) the licence contract is invalidated,
the licensee shall no longer be required to make any payment to the licensor under the licence contract, and shall be entitled to repayment of the payment already made:
Provided that the licensor shall not be required to make any repayment, or shall be required to make repayment only in part, to the extent that he can prove that any such repayment would be inequitable under all the circumstances, in particular if the licensee has effectively profited from the licence.
Expiry, Termination or Invalidation of Licence Contract
(a) if he is satisfied that a recorded licence contract has expired or been terminated, record that fact in the Register upon a request in writing to that effect signed by or on behalf of the parties thereto;
(b) record in the Register the expiry, termination or invalidation of a licence contract under any provision of this Part.
48. For the purpose of this Part—
“beneficiary of the compulsory licence” means the person to whom a compulsory licence has been granted in accordance with this Part; and
“compulsory licence” means the authorisation to perform in Malaysia without the agreement of the owner of the patent in respect of the patented invention any of the acts referred to in paragraph (a) of subsection (1), and subsection (3) of section 36.
Application for Compulsory Licences
49.—(1) At any time after the expiration of three years from the grant of a patent, any person may apply to the Registrar for a compulsory licence if it appears at the time when such application is filed—
(a) that there is no production of the patented product or application of the patented process without any legitimate reason;
(b) that there is no product produced under the patent for sale in any domestic market, or there are some but they are sold at unreasonably high prices or do not meet the public demand without any legitimate reason.
(2) The application for a compulsory licence shall be in compliance with the regulations as may be prescribed by the Minister.
Application for Compulsory Licence Based on Interdependence of Patents
49A.—(1) If the invention claimed in a patent (“later patent”) cannot be worked in Malaysia without infringing a patent granted on the basis of an application benefiting from an earlier priority date (“earlier patent”), and if the invention claimed in the later patent constitutes, in the opinion of the Board, an important technical advance in relation to the invention claimed in the earlier patent, the Board, upon the request of the owner of the later patent, the licensee of a licence contract under the later patent or the beneficiary of a compulsory licence under the later patent, may grant a compulsory licence to the extent necessary to avoid infringement of the earlier patent.
(2) If a compulsory licence is granted under subsection (1), the Board, upon the request of the owner of the earlier patent, the licensee of a licence contract under the earlier patent or the beneficiary of a compulsory licence under the earlier patent, may grant a compulsory licence under the later patent.
Request for Grant of Compulsory Licence
50.—(1) In an application for a compulsory licence under section 49 or section 49A, the applicant shall set forth the amount of royalty, the conditions of the exploitation of the patent and the restrictions of the rights of the licensor or the licensee, as the case may be, and a request for the said licence.
(2) Where an application for a compulsory licence is filed pursuant to section 49 or section 49A, and this section, the Registrar shall notify the applicant, the licensor or the licensee, as the case may be, of the date the application shall be considered by the Board.
(3) The licensor or the licensee, as the case may be, shall be furnished with a copy of the application as mentioned in subsection (1).
51.—(1) In considering the application for a compulsory licence under section 49 or section 49A, the Board may require the applicant, the licensor or the licensee, as the case may be, to appear before the Board to give a statement or to hand to the Board any document or any other item.
(2) When the application has been considered by the Board and a decision has been made, the applicant, the licensor or the licensee, as the case may be, shall be notified of the decision.
52. Upon the granting of the compulsory licence to the applicant the Board shall fix—
(a) the scope of the licence specifying in particular for what period the licence is granted and to which of the acts referred to in paragraph (a) of subsection (1), and subsection (3), of section 36 the licence extends except that it may not extend to the act of importation;
(b) the time limit within which the beneficiary of the compulsory licence shall begin to work the patented invention in Malaysia; and
(c) the amount and conditions of the royalty due from the beneficiary of the compulsory licence to the owner of the patent.
Limitation of Compulsory Licence
53. The beneficiary of the compulsory licence shall not conclude licence contracts with third persons under the patent in respect of which the compulsory licence was granted.
Amendment, Cancellation and Surrender of Compulsory Licence
54.—(1) Upon the request of the owner of the patent or of the beneficiary of the compulsory licence, the Board may amend the decision granting the compulsory licence to the extent that new facts justify such amendment.
(2) Upon the request of the owner of the patent, the Board shall cancel the compulsory licence—
(a) if the ground for the grant of the compulsory licence no longer exists;
(b) if the beneficiary of the compulsory licence has, within the time limit fixed in the decision granting the licence, neither begun the working of the patented invention in Malaysia nor made serious preparations towards such working;
(c) if the beneficiary of the compulsory licence does not respect the scope of the licence as fixed in the decision granting the licence;
(d) if the beneficiary of the compulsory licence is in arrears of the payment due, according to the decision granting the licence.
(3) The beneficiary of the compulsory licence may surrender the licence by a written declaration submitted to the Registrar who shall record the surrender in the Register, publish it, and notify the owner of the patent.
(4) The surrender shall take effect from the date the Patent Registration Office receives the declaration of the surrender.
Part XI
Surrender and Invalidation of Patent
55.—(1) The owner of the patent may surrender the patent by a written declaration submitted to the Registrar.
(2) The surrender may be limited to one or more claims of the patent.
(3) Where a licence contract in respect of a patent is recorded in the Register, the Registrar shall not, in the absence of any provision to the contrary in the licence contract, accept or record the said surrender except upon receipt of a signed declaration by which every licensee or sub-licensee on record consents to the said surrender unless the requirement of his consent is expressly waived in the licence contract.
(3A) Where a compulsory licence has been granted in respect of a patent, the Registrar shall not accept or record the said surrender except upon receipt of a signed declaration by which the beneficiary of the compulsory licence consents to the said surrender.
(4) The Registrar shall record the surrender in the Register and cause it to be published in the Gazette.
(5) The surrender shall take effect from the date the Registrar receives the declaration.
56.—(1) Any aggrieved person may institute Court proceedings against the owner of the patent for the invalidation of the patent.
(2) The Court shall invalidate the patent if the person requesting the invalidation proves—
(a) that what is claimed as an invention in the patent is not an invention within the meaning of section 12 or is excluded from protection under section 13 or subsection (1) of section 31 or is not patentable because it does not comply with the requirements of sections 11, 14, 15 and 16;
(b) that the description or the claim does not comply with the requirements of section 23;
(c) that any drawings which are necessary for the understanding of the claimed invention have not been furnished;
(d) that the right to the patent does not belong to the person to whom the patent was granted; or
(e) that incomplete or incorrect information has been deliberately provided or caused to be provided to the Registrar under subsection (4) of section 29A by the person to whom the patent was granted or by his agent.
(2A) Notwithstanding subsection (2), the Court shall not invalidate the patent on the ground mentioned in paragraph (d) of subsection (2) if the patent has been assigned to the person to whom the right to the patent belongs.
(3) Where the provisions of subsection (1) apply on only some of the claims or some parts of a claim, such claims or parts of a claim may be declared invalid by the Court and the invalidity of part of a claim shall be declared in the form of a corresponding limitation of the claim in question.
Date and Effect of Invalidation
57.—(1) Any invalidated patent or claim or part of a claim shall be regarded as null and void from the date of the grant of the patent.
(2) When the decision of the Court becomes final, the Registrar of the Court shall notify the Registrar who shall record the said declaration in the Register and cause it to be published in the Gazette.
Acts Deemed to be Infringement
58. Subject to subsections (1), (2) and (3) of section 37 and section 38, an infringement of a patent shall consist of the performance of any act referred to in subsection 36(3) in Malaysia by a person other than the owner of the patent and without the agreement of the latter in relation to a product or a process falling within the scope of protection of the patent.
59.—(1) The owner of the patent shall have the right to institute Court proceedings against any person who has infringed or is infringing the patent.
(2) The owner of the patent shall have the same right against any person who has performed acts which make it likely that an infringement will occur, which in this Part is referred to as an “imminent infringement.”
(3) The proceedings in subsections (1) and (2) may not be instituted after five years from the act of infringement.
Injunction and Award of Damages
60.—(1) If the owner of the patent proves that an infringement has been committed or is being committed, the Court shall award damages and shall grant an injunction to prevent further infringement and any other legal remedy.
(2) If the owner of the patent proves imminent infringement the Court shall grant an injunction to prevent infringement and any other legal remedy.
(3) The defendant in any proceedings referred to in this section may request in the same proceedings the invalidation of the patent, in which case the provisions of subsections (2) and (3) of section 56 shall apply.
Infringement Proceedings by Licensee and Beneficiary
of Compulsory Licence
61.—(1) For the purposes of this section, “beneficiary” means—
(a) any licensee unless the licence contract provides that the provisions of this subsection do not apply or provides different provisions;
(b) the beneficiary of a compulsory licence granted under section 51.
(2) Any beneficiary may request the owner of the patent to institute Court proceedings for any infringement indicated by the beneficiary, who shall specify the relief desired.
(3) The beneficiary may, if he proves that the owner of the patent received the request but refuses or fails to institute the proceedings within three months from the receipt of the request, institute the proceedings in his own name, after notifying the owner of the patent of his intention but the owner shall have the right to join in the proceedings.
(4) Notwithstanding that the three-month period referred to in subsection (3) has not been satisfied, the Court shall, on the request of the beneficiary, grant an appropriate injunction to prevent infringement or to prohibit its continuation, if the beneficiary proves that immediate action is necessary to avoid substantial damage.
Declaration of Non-Infringement
62.—(1) Subject to subsection (4), any interested person shall have the right to request, by instituting proceedings against the owner of the patent, that the Court declare that the performance of a specific act does not constitute an infringement of the patent.
(2) If the person making the request proves that the act in question does not constitute an infringement of the patent, the Court shall grant the declaration of non-infringement.
(3)(a) The owner of the patent shall have the obligation to notify the licensee of the proceedings and the licensee shall have the right to join in the proceedings in the absence of any provision to the contrary in the licence contract.
(b) The person requesting the declaration of non-infringement shall have the obligation to notify the beneficiaries of the compulsory licence granted under section 51 of the proceedings and the said beneficiaries shall have the right to join in the proceedings.
(4) If the act in question is already the subject of infringement proceedings, the defendant in the infringement proceedings may not institute proceedings for a declaration of non-infringement.
(5) Proceedings for a declaration of non-infringement may be instituted together with proceedings to invalidate the patent, except where invalidation of the patent is requested under subsection (3) of section 60.
Applications in Contravention of Section 23A
62A. Any person who files or causes to be filed an application for a patent in contravention of section 23A commits an offence and is liable on conviction to a fine not exceeding 15,000 ringgit or to imprisonment for a term not exceeding two years or to both.
Publication of Information in Contravention of Registrar’s Directions
62B. Any person who publishes or communicates information in contravention of any direction issued by the Registrar under section 30A commits an offence and is liable on conviction to a fine not exceeding 15,000 ringgit or to imprisonment for a term not exceeding two years or to both.
Falsification of Register, etc.
63. Any person who makes or causes to be made a false entry in any Register kept under this Act, or makes or causes to be made a writing falsely purporting to be a copy or reproduction of an entry in any such Register, or produces or tenders or causes to be produced or tendered in evidence any such false writing, commits an offence and is liable on conviction to a fine not exceeding 15,000 ringgit or to imprisonment for a term not exceeding two years or to both.
64.—(1) Any person who falsely represents that anything disposed of by him for value is a patented product or process commits an offence and, subject to the following provisions of this section, is liable on conviction to a fine not exceeding 15,000 ringgit or to imprisonment for a term not exceeding two years or to both.
(2) For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the word “patent” or “patented’ or anything expressing or implying that the article is a patented product, shall be taken to represent that the article is a patented product.
(3) Subsection (1) does not apply where the representation is made in respect of a product after the patent for that product or, as the case may be, the process in question has expired or been invalidated and before the end of a period which is reasonably sufficient to enable that person to take steps to ensure that the representation is not made or does not continue to be made.
(4) In proceedings for an offence under this section, it shall be a defence for any person to prove that he used due diligence to prevent the commission of the offence.
Unauthorised Claim that Patent has been Applied for
65.—(1) Any person who represents that a patent has been applied for in respect of any article disposed of for value by him and—
(a) no such application has been made, or
(b) any such application has been refused or withdrawn,
commits an offence and, subject to the following provisions of this section, is liable on conviction to a fine not exceeding 15,000 ringgit or to imprisonment for a term not exceeding two years or to both.
(2) Paragraph (b) of subsection (1) does not apply where the representation is made or continues to be made before the expiry of a period which commences with the refusal or withdrawal and which is reasonably sufficient to enable that person to take steps to ensure that the representation is not made or does not continue to be made.
(3) For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the words “patent pending,” or anything expressing or implying that a patent has been applied for in respect of the article, shall be taken to represent that a patent has been applied for in respect of the article.
(4) In any proceedings for an offence under this section, it shall be a defence for any person to prove that he used due diligence to prevent the commission of the offence.
Misuse of Title “Patent Registration Office”
66. Any person who uses on his place of business or any document issued by him or otherwise, the words “Patent Registration Office” or any other words suggesting that his place of business is, or is officially connected with, the Patent Registration Office commits an offence and is liable on conviction to a fine not exceeding 15,000 ringgit or to imprisonment for a term not exceeding two years or to both.
Unregistered Persons Practising, etc., as a Patent Agent
66A. Any person who carries on business, practises, acts, describes himself, holds himself out, or permits himself to be described or held out, as a patent agent without being registered under this Act commits an offence and is liable on conviction to a fine not exceeding 15,000 ringgit or to imprisonment for a term not exceeding two years or to both.
67.—(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, commits that offence and is liable to be prosecuted against and punished accordingly as provided by the Act.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he was a director of a body corporate.
Part XIV
Powers Relating to Enforcement
Authorisation of Officer to Exercise Powers under this Part
68.—(1) The Minister may authorise in writing any public officer to exercise the powers under this Part.
(2) Any such officer shall be deemed to be a public servant within the meaning of the Penal Code.
(3) In exercising any of the powers under this Part, an officer shall on demand produce to the person against whom he is acting under this Act the authority issued to him by the Minister.
69.—(1) Any authorised officer or police officer may arrest without warrant any person whom he sees or finds committing or attempting to commit or abetting the commission of an offence or whom he reasonably suspects of being engaged in committing or attempting to commit or abetting the commission of any offence against this Act if such person refuses or fails to furnish his name and residence or there are reasonable grounds for believing that he has furnished a false name or residence or that he is likely to abscond.
(2) Any authorised officer or police officer making an arrest without warrant shall, without unnecessary delay, bring the person arrested to the nearest police station.
(3) No person who has been arrested by an authorised officer or police officer shall be released except on his own bond or on bail or on the special order in writing of a Magistrate.
70.—(1) Whenever it appears to any Magistrate upon written information on oath and after any enquiry which he may think necessary that there is reasonable cause to believe that in any dwelling house, shop, building or place there is being committed an offence against this Act, or any regulations made thereunder, he may issue a warrant authorising any authorised officer or police officer named therein, by day or night and with or without assistance to enter the dwelling house, shop, building or place and there search for and seize or take copies of all books, accounts, documents or other articles which contain or are suspected to contain information as to any offence so suspected to have been committed or any other thing relating to the offence.
(2) Any such officer may if it is necessary so to do—
(a) break open any outer or inner door of the dwelling house, shop, building or place, and enter thereinto;
(b) forcibly enter the dwelling house, shop, building or place and every part thereof;
(c) remove by force any obstruction to enter, search, seize and remove as he is empowered to effect; and
(d) detain every person found therein until the dwelling house, shop, building or place has been searched.
71. The authorised officer or police officer seizing any books, accounts, documents or other articles under this Part shall prepare a list of the things seized and forthwith deliver a copy signed by him to the occupier or his agents or servants present in the premises.
72. Where under this Part possession has been taken of any books, accounts, documents or other articles, then the authorised officer or police officer shall within four weeks of the seizure, where no criminal proceedings have been instituted, restore possession to the owner.
73.—(1) An authorised officer or police officer shall have the power to investigate the commission of any offence under this Act or regulations made thereunder.
(2) Every person required by an authorised officer or police officer to give information or produce any book, account, document or other article relating to the commission of such offence which it is in the person’s power to give shall be legally bound to give the information or to produce the book, account, document or other article.
74.—(1) An authorised officer or police officer making an investigation under section 73 may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
(2) Such person shall be bound to answer all questions relating to such case put to him by such officer:
Provided that such person may refuse to answer any question the answer to which has a tendency to expose him to a criminal charge or penalty or forfeiture.
(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4) An authorised officer or police officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5) A statement made by any person under this section whether or not a caution has been administered to him under section 75 shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish.
Admission of Statements in Evidence
75.—(1) Where any person is charged with any offence under this Act or any regulations made thereunder, any statement whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of investigations made under section 74 or not and whether or not wholly or partly in answer to questions by that person to or in the hearing of any authorised officer or police officer of or above the rank of Inspector and whether or not interpreted to him by another authorised officer, police officer or other person, shall be admissible in evidence at his trial and, if the person charged tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:
Provided that—
(a) no such statement shall be admissible or used as aforesaid—
(i) if the making of the statement appears to the Court to have been caused by any inducement, threat or promise having reference to the charge proceeding from a person in authority and sufficient in the opinion of the Court to give the person charged grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in references to the proceedings against him; or
(ii) in the case of a statement made by the person after his arrest, unless the Court is satisfied that a caution was administered to him in the following words or words to the like effect: “It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether or not in answer to a question, may be given in evidence”; and
(b) a statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of no such caution having been administered if it had been administered as soon as possible.
(2) Notwithstanding anything to the contrary contained in any written law, a person accused of an offence to which subsection (1) applies shall not be bound to answer any questions relating to the case after any such caution as aforesaid has been administered to him.
(a) refuses any authorised officer or police officer access to any place;
(b) assaults, obstructs, hinders or delays any authorised officer or police officer in effecting any entrance which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; or
(c) refuses or neglects to give any information which may reasonably be required of him and which he has it in his power to give,
commits an offence and is liable on conviction to a fine not exceeding 3,000 ringgit or to imprisonment for a term not exceeding one year or to both.
77. Any prosecution in respect of an offence against this Act may be conducted by an authorised officer.
Jurisdiction of Subordinate Court
78.—(1) Notwithstanding any other written law, a subordinate Court shall have power to try any offence under this Act and on conviction to impose the full penalty therefor.
(2) For the purpose of subsection (1), “subordinate Court” means a Sessions Court or a Magistrate’s Court.
Power of Registrar to Amend Patent Application
79.—(1) The Registrar may, upon a request made by an applicant for a patent in accordance with regulations made under this Act, amend the applicant’s patent application, or any document submitted at the Patent Registration Office in connection with the application, for the purpose of correcting a clerical error or an obvious mistake.
(2) Every request under subsection (1) shall be accompanied by the prescribed fee.
Power of Registrar to Amend Patent
79A.—(1) The Registrar may, upon a request made by the owner of a patent in accordance with regulations made under this Act, amend the description, the claim or claims, or the drawings, of the patent, or amend any other document associated with the patent, for the purpose of correcting a clerical error or an obvious mistake or for any other reason acceptable to the Registrar.
(2) The Registrar shall not make an amendment under this section if the amendment would have the effect of disclosing a matter which extends beyond that disclosed before the amendment or if the amendment would have the effect of extending the protection conferred at the time of grant of the patent.
(3) The Registrar shall not make an amendment under this section if there are pending before any Court proceedings in which the validity of the patent may be put in issue.
(4) Every request under subsection (1) shall be accompanied by the prescribed fee.
(5) Notwithstanding subsection (4), no fee shall be payable by the owner of a patent in respect of a request to correct a mistake or an error in any document issued by the Patent Registration Office unless such mistake or error is caused or contributed to by such owner.
80.—(1) The Registrar may, for the purpose of this Act—
(a) summon witnesses;
(b) receive evidence on oath;
(c) require the production of any document or article; and
(d) amend costs as against a party to proceedings before him.
(2) Any person who without any lawful excuse fails to comply with any summons, order or direction made by the Registrar under paragraphs (a), (b) and (c) of subsection (1) commits an offence and is liable on conviction to a fine not exceeding 2,000 ringgit or to imprisonment for a term not exceeding six months or to both.
(3) Costs awarded by the Registrar may in default of payment be recovered in a Court of competent jurisdiction as a debt due by the person against whom the costs were accorded to the person in whose favour they were accorded.
Exercise of Discretionary Power
81. Where any discretionary power is given to the Registrar by this Act or any regulations made thereunder, he shall not exercise the power on any person who may be adversely affected by his decision without giving to the person an opportunity of being heard.
82. Subject to subsection (1A) of section 27, subsection (8) of section 29A and subsection (4) of section 30, where, by this Act or any regulations made thereunder a time is specified within which an act or thing is to be done, the Registrar may, unless otherwise expressly directed by the Court, extend the time either before or after its expiration, upon payment of the prescribed fee.
Extension of Time by Reason of Error in Patent Registration Office
(a) circumstances beyond the control of the person concerned; or
(b) an error or action on the part of the Patent Registration Office,
an act in relation to an application for a patent or in proceedings under this Act, not being proceedings in a Court, required to be done within a certain time has not been so done, the Registrar may extend the time for doing the act.
(2) The time required for doing an act may be extended under this section although that time has expired.
83A. The Registrar may certify, by writing under his hand, that an entry, matter or thing required by or under this Act to be made or done, or not to be made or done, has or has not been made or done, as the case may be, and such certificate shall be prima facie evidence of the truth of the facts stated therein and shall be admissible in evidence in all courts.
84. Notwithstanding anything contained in this Act—
(a) the Government of the Federation or of any State, a Ministry or Government department or any person authorised by such Government, Ministry or Government department may make use and exercise any invention registered or in respect of which exclusive privileges have been granted in accordance with the provisions of this Act or do any act which would otherwise be an infringement of the privileges or right mentioned in this Act;
(b) the Government of the Federation or any State, Ministry or Government department or person authorised by such Government, Ministry or Government department shall pay reasonable compensation for making, using or exercising the said invention or arising out of any act which would otherwise be a infringement of the privileges or rights mentioned in this Act.
Refusal to Grant Patent by the Registrar
85. The Registrar in the exercise of his powers shall have the right to refuse to grant a patent for products or processes scheduled under regulations made by the Minister under this Act where it appears to the Registrar that the granting of such a patent would be prejudicial to the interest or security of the nation.
86.—(1) There shall be kept at the Patent Registration Office a Register of Patent Agents.
(2) No person shall carry on business, practise, act, describe himself, hold himself out, or permit himself to be described or held out, as a patent agent unless he is registered in the Register of Patent Agents.
(3) The registration of a patent agent mentioned in subsection (2) shall be in accordance with the regulations as may be prescribed by the Minister under this Act.
(4) The appointment or change of a patent agent shall not be effective against any third person unless it is registered in the Register of Patent Agents.
(5) A person who has neither his domicile nor residence in Malaysia may not proceed before the Patent Registration Office under the provisions of this Act in respect of his patent except through a patent agent.
87.—(1) Subject to the provisions of this Act, the Minister may make regulations for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of subsection (1), such regulations may provide for all or any of the following:
(a) to regulate the procedure to be followed in connection with any proceeding or other matter before the Registrar or the Patent Registration Office under this Act including the service of documents;
(b) to classify goods including methods and processes for the purpose of registration of patents;
(c) to make or require duplication of patents or other documents;
(d) to secure and regulate the publishing, selling or distributing, in such manner as the Minister may think fit, of copies of patents and other documents;
(e) to prescribe the fees payable for applications for patents and other fees payable for other matters prescribed under this Act;
(f) to prescribe forms, books, registers, documents and other matters to be used under this Act;
(g) to regulate generally on matters pertaining to the business of patents carried on in the Patent Registration Office whether or not specially prescribed under this Act.
88.—(1) Any person aggrieved by any decision or order of the Registrar or the Board may appeal to the Court.
(2) The same rules of procedure on appeal shall apply to appeals made under subsection (1) as to appeals to the High Court from a decision of a subordinate Court in civil matters.
89. The Registration of United Kingdom Patents Act 1951, the Patents Ordinance of Sarawak, the Registration of United Kingdom Patents Ordinance of Sabah and the Patents (Rights of Government) Act 1967 are repealed:
Provided that:
(a) any subsidiary legislation made under the repealed laws shall in so far as such subsidiary legislation is not inconsistent with the provisions of this Act continue in force and have effect as if it had been made under this Act and may be repealed, extended, varied or amended accordingly;
(b) any appointment made under the repealed laws or subsidiary legislation made thereunder shall continue in force and have effect as if it had been made under this Act unless the Minister otherwise directs;
(c) any certificate or grant issued or made, in respect of a patent, under the repealed laws and in force immediately prior to the coming into force of this Act shall remain in force—
(i) so long as the original patent remains in force in the United Kingdom; or
(ii) until the expiration of 20 years from the date of application,
whichever is the earlier.
90.—(1) Where an application has been made under an Act or Ordinance repealed under section 89, the Registrar may issue a certificate or make a grant on such application as if the Act or Ordinance had not been repealed, and such certificate or grant shall remain in force—
(a) so long as the original patent remains in force in the United Kingdom; or
(b) until the expiration of 20 years from the date of application,
whichever is the earlier.
(2) Where a patent has been granted under the United Kingdom Patents Act 1977 not earlier than 24 months before the coming into force of this Act, the owner of the patent may, within a period of 12 months from the coming into force of this Act, make an application for a certificate or a grant and the Registrar may issue a certificate or make a grant on such application as if the Act or Ordinance repealed under section 89 had not been repealed, and such certificate or grant shall remain in force—
(a) so long as the original patent remains in force in the United Kingdom; or
(b) until the expiration of 20 years from the date of the application,
whichever is the earlier.
(3) [Deleted]
(4) Where, prior to the coming into force of this Act, an application for a patent has been made under the United Kingdom Patents Act 1977 or an application designating the United Kingdom has been filed at the European Patent Office, the applicant may, within a period of 12 months from the coming into force of this Act, make an application for the grant of a patent under this Act, and such application shall be accorded a filing date and the right of priority which have been accorded to it in the United Kingdom.
Persons Disqualified from Being Appointed Members of the Board
1. The following persons shall be disqualified from being appointed or being members of the Board:
(a) a person who is of unsound mind or is otherwise incapable of performing his duties;
(b) a bankrupt;
(c) a person who has been convicted of an offence and sentenced to imprisonment for a term of one year or more.
When Member Deemed to have Vacated Office
2. A member of the Board shall be deemed to have vacated his office if he is absent from three consecutive meetings of the Board without the prior approval in writing of the Minister.
3.—(1) The Chairman, or any member presiding in the absence of the Chairman, and six other members shall form a quorum at a meeting of the Board.
(2) In the absence of the Chairman, the Deputy Chairman shall preside at a meeting of the Board and in the absence of both of them the members present shall choose one of their number to preside and such member may exercise all the powers of the Chairman in respect of that meeting.
4. If on any question to be determined there is an equality of votes, the Chairman shall have the casting vote in addition to his deliberative vote.
Board to Determine its Procedure
5. Subject to this Act, the Board shall determine its own rules and procedure.
6.—(1) The Board may with the approval of the Minister appoint such committees of its members with or without other persons as it may determine.
(2) Any committee so appointed shall conform to instructions that may from time to time be given to it by the Board and the Board may with the approval of the Minister at any time discontinue or alter the constitution of such committee.
(3) Subject to the directions of the Board, the quorum and procedure of a committee shall be determined by the committee.
Modifications to the Provisions of the Act
Applicable to Utility Innovations
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(1) |
(2) |
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Section 3 |
Substitute “certificate for a utility innovation” and “application for a certificate for a utility innovation” for “patent” and “patent application” respectively in the definition of “right.” |
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Section 13 |
1. Substitute “utility innovations” for “inventions.” 2. Substitute “eligible for a certificate for a utility innovation” for “patentable.” |
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Section 14 |
Substitute therefor the following: 14.—(1) A utility innovation is new to Malaysia if it is not anticipated by prior art. (2) Prior art shall consist of— (a) everything disclosed to the public by written publication, by oral disclosure, by use or in any other way, prior to the priority date of the application for a certificate for a utility innovation claiming the utility innovation; (b) the contents of a domestic application for a certificate for a utility innovation having an earlier priority date than the application referred to in paragraph (a) to the extent that such contents are included in the certificate for a utility innovation granted on the basis of the said domestic application. (3) A disclosure made under paragraph (a) of subsection (2) shall be disregarded— (a) if such disclosure occurred within one year preceding the date of the application and if such disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title; (b) if such disclosure occurred within one year preceding the date of the application and if such disclosure was by reason or in consequence of any abuse of the rights of the applicant or his predecessor in title.” |
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Part V |
1. Substitute “certificate for a utility innovation” for “patent.” 2. Substitute “innovator” for “inventor.” 3. Substitute “utility innovation” for “invention.” 4. Substitute “a utility innovation” for “an invention.” |
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Section 19 |
Substitute therefor the following: “Judicial assignment of application for a utility innovation or a certificate for a utility innovation 19. Where the essential elements of the utility innovation claimed in— (a) an application for a certificate for a utility innovation; or (b) a certificate for a utility innovation have been unlawfully derived from an invention or a utility innovation for which the right to the patent or the certificate for a utility innovation belongs to another person, such other person may apply to the Court for an order that the said application or certificate be assigned to him: Provided that the Court shall not entertain an application for the assignment of a certificate for a utility innovation after three years from the date of the grant of the certificate.” |
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Part VI |
1. Substitute “certificate for a utility innovation” for “patent.” 2. Substitute “innovator” for “inventor.” 3. Substitute “utility innovation” for “invention.” 4. Substitute “an application for a certificate for a utility innovation” for “a patent application.” |
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Section 28 |
Substitute “the claim” for “a claim or claims” in paragraph (d) of subsection (1). |
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Section 31 |
1. In subsection (2)— (a) substitute “Board” for “Registrar;” (b) substitute “the Board” for “he;” (c) substitute “a certificate for a utility innovation” for “a certificate of grant of the patent and a copy of the patent” in paragraph (a); (d) substitute the following paragraph for paragraph (b): “(b) direct the Registrar to record the certificate for a utility innovation in the Register for Certificates for Utility Innovations.” 2. In subsection (4), substitute “Board” for “Registrar.” |
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Section 32 |
1. Substitute “Register for Certificates for Utility Innovations” for “Register of Patents.” 2. Substitute “certificate for utility innovations” for “patents”. |
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Section 33B |
Substitute “certificate for utility innovation” for “certificate of grant of the patent.” |
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Section 34 |
Substitute “any application for a certificate for a utility innovation” for “any patent application.” |
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Section 35 |
Substitute therefor the following: “Duration of certificate for a utility innovation 35.—(1) Subject and without prejudice to the provisions of this Act, a certificate for a utility innovation shall expire five years after the date of its grant. (2) Notwithstanding subsection (1), the owner of a certificate for a utility innovation may, before the expiration of the period of five years mentioned in subsection (1), apply for an extension for an additional period of five years and may, before the expiration of the second period of five years, apply for an extension for a further period of five years. (3) An application for extension under subsection (2) shall be accompanied by an affidavit of the owner of the certificate for the utility innovation showing that the utility innovation is in commercial or industrial use in Malaysia, or satisfactorily explaining its non-use, and shall also be accompanied by the prescribed fee (4) Where the owner of a certificate for a utility innovation intends to keep the certificate in force, he shall, 12 months before the date of expiration of the third and each succeeding year during the term of the certificate, pay the prescribed annual fee: Provided, however, that a period of grace of six months shall be allowed after the date of such expiration upon payment of such surcharge as may be prescribed. |
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(5) If the annual fee is not paid in accordance with subsection (4) the certificate for the utility innovation shall lapse, and a notice of the lapsing of the certificate for non-payment of any annual fee shall be published in the Gazette.” | |
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Part VII |
1. Substitute “certificate for a utility innovation” for “patent.” 2. Substitute “utility innovation for which a certificate has been granted” for “patented invention.” 3. Substitute “application for a certificate for a utility innovation” for “patent application.” 4. Substitute “utility innovation” for “invention.” |
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Section 37 |
1. In subsection (2)— (a) substitute a full stop for the semicolon at the end of paragraph (iii); (b) delete paragraph (iv). 2. Delete “, by the provisions on compulsory licences as provided in sections 51 and 52” in subsection (5). |
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Section 38 |
In subsection (1)— (a) substitute a full stop for the colon at the end of the first proviso; (b) delete the second proviso. |
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Part VIII |
1. Substitute “An application for a certificate for a utility innovation or a certificate for a utility innovation” for “A patent application or patent.” 2. Substitute “an application for a certificate for a utility innovation or a certificate for a utility innovation” for “a patent application or patent.” 3. Substitute “the application for a certificate for a utility innovation” for “the patent application.” 4. Substitute “certificate for a utility innovation” for “patent.” 5. Substitute “utility innovation for which a certificate has been granted” for “patented invention.” |
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Part IX |
1. Substitute “certificate for a utility innovation” for “patent.” 2. Substitute “utility innovation” for “invention.” 3. Substitute “utility innovation for which a certificate has been granted” for “patented invention.” 4. Substitute “ application for a certificate for a utility innovation” for “patent application.” |
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Part XI |
1. Substitute “certificate for a utility innovation” for “patent.” 2. Substitute “utility innovation” for “invention.” |
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Section 55 |
Delete subsections (2) and (3A). |
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Section 56 |
1. Substitute the following paragraph for paragraph (a) of subsection (2): “(a) that what is claimed as a utility innovation in the certificate for a utility innovation is not a utility innovation within the meaning of section 17 or is excluded from protection under section 13 or subsection (1) of section 31.” 2. Substitute “some parts of a claim, such parts of a claim” for “some of the claims or some parts of a claim, such claims or parts of a claim” in subsection (3). |
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Part XII |
Substitute “certificate for a utility innovation” for “patent.” |
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Section 59 |
Substitute “two” for “five” in subsection (3). |
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Section 61 |
Substitute the following subsection for subsection (1): “(1) For the purposes of this section, “beneficiary” means any licensee unless the licence contract provides that the provisions of this subsection do not apply or provides different provisions.” |
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Section 62 |
1. Delete “(a)” after “(3)” in subsection (3). 2. Delete paragraph (b) of subsection (3). |
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Part XIII |
1. Substitute “certificate for a utility innovation” for “patent.” 2. Substitute “product in respect of which a certificate for a utility innovation has been granted” for “patented product.” 3. Substitute “utility innovation” for “invention.” |
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Section 64 |
1. Substitute “product or process in respect of which a certificate for a utility innovation has been granted” for “patented product or process” in subsection (1). 2. Delete “the word ‘patent’ or ‘patented’ or” in subsection (2). |
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Part XV |
1. Substitute “certificate for a utility innovation” for “patent.” 2. Substitute “utility innovation” for “invention”. 3. Substitute “certificates for utility innovations” for “patents.” |
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Section 86 |
Substitute “his certificate for a utility innovation” for “his patent” in subsection (5). |
* Official English title.
Entry into force (of last amending Act): August 1, 1995. Nothing in this Act shall affect requests made before the date of coming into force of this Act for preliminary or substantive examinations and still pending immediately prior to the date of coming into force of this Act; and preliminary or substantive examinations still pending immediately prior to the date of coming into force of this Act, and the provisions of the principal Act and the regulations made under the principal Act shall continue to apply to such examinations as if the principal Act had not been amended by this Act. (Section 48 of Act A 863).
Source: Consolidated version established by WIPO on the basis of official texts communicated by the Malaysian authorities.