Patents Act 1983
Patents Regulations (Amendment) 2001
|
In exercise of the powers conferred by section 87 of the Patents Act 1983 [Act 291], the Minister makes the following regulations:
1.—(1) These regulations may be cited as the Patents Regulations (Amendment) 2001.
(2) These Regulations come into operation on 1 August 2001.
2. Regulation 29 of the Patents Regulation 1986 [P.U. (A) 327/86], which in these Regulations are referred to as the “principal Regulations” are amended—
(a) by substituting for the full stop at the end of paragraph (f) the words “; and”; and
(b) by inserting after paragraph (f) the following paragraph:
“(g) the date the certificate of grant of the patent is issued.”.
3. Regulation 38 of the principal Regulations are amended:
(a) by renumbering regulation 38 as subregulation 38(1); and
(b) by inserting after subregulation (1) the following subregulation:
“(2) For the purpose of section 49(2) of the Act, the reasonable period of time shall be six months from the initial efforts made to obtain authorization from the owner of the patent.”.
4. Part II of Schedule I to the principal Regulations is amended—
(a) by substituting for item No. 8 the following item:
|
(1) Item No. |
(2) Matter/Proceeding |
(3) Fee (RM) |
|
“8. Annual fee for patent: |
||
|
(a) for second year after grant of patent |
200.00 |
|
|
(b) for third year after grant of patent |
250.00 |
|
|
(c) for fourth year after grant of patent |
300.00 |
|
|
(d) for fifth year after grant of patent |
350.00 |
|
|
(e) for sixth year after grant of patent |
400.00 |
|
|
(f) for seventh year after grant of patent |
450.00 |
|
|
(g) for eight year after grant of patent |
500.00 |
|
|
(h) for ninth year after grant of patent |
550.00 |
|
|
(i) for tenth year after grant of patent |
600.00 |
|
|
(j) for eleventh year after grant of patent |
650.00 |
|
|
(k) for twelfth year after grant of patent |
700.00 |
|
|
(1) for thirteenth year after grant of patent |
800.00 |
|
|
(m) for fourteenth year after grant of patent |
900.00 |
|
|
(n) for fifteenth year, after grant of patent |
1000.00 |
|
|
(o) for sixteenth year after grant of patent |
1200.00 |
|
|
(p) for seventeenth year after grant of patent |
1400.00 |
|
|
(q) for eighteenth year after grant of patent |
1600.00 |
|
|
(r) for nineteenth year after grant of patent |
1800.00 |
|
|
(s) for twentieth year after grant of patent |
2000.00 |
|
Provided that the duration of a patent shall not exceed twenty years from the filing date of the application.”;
(b) by substituting for item No. 12 the following item:
|
(1) |
(2) |
(3) |
|
“12. Annual fee for certificate for utility innovation: |
||
|
(a) for third year after grant of certificate |
120.00 |
|
|
(b) for fourth year after grant of certificate |
160.00 |
|
|
(c) for fifth year after grant of certificate |
160.00 |
|
|
(d) for sixth year after grant of certificate |
200.00 |
|
|
(e) for seventh year after grant of certificate |
200.00 |
|
|
(f) for eight year after grant of certificate |
240.00 |
|
|
(g) for ninth year after grant of certificate |
240.00 |
|
|
(h) for tenth year after grant of certificate |
280.00 |
|
|
(i) for eleventh year after grant of certificate |
400.00 |
|
|
(j) for twelfth year after grant of certificate |
600.00 |
|
|
(k) for thirteenth year after grant of certificate |
700.00 |
|
|
(1) for fourteenth year after grant of certificate |
800.00 |
|
|
(m) for fifteenth year after grant of certificate |
1000.00 |
|
|
(n) for sixteenth year after grant of certificate |
1100.00 |
|
|
(o) for seventeenth year after grant of certificate |
1200.00 |
|
|
(p) for eighteenth year after grant of certificate |
1300.00 |
|
|
(q) for nineteenth year after grant of certificate |
1400.00 |
|
|
(r) for twentieth year after grant of certificate |
1500.00 |
|
Provided that the duration of a certificate for a utility innovation shall not exceed twenty years from the filing date of the application.”; and
(c) by inserting after item No. 17 and the particulars relating to it the following items:
(1) Item No. |
(2) Matter/ Proceeding |
(3) Fee (RM) |
“18. |
Surcharge for late payment of annual fee |
100% of fee for year concerned |
19. |
Public search through computer |
20.00 per hour |
20. |
Computer print-out |
5.00 per page |
21 |
Permitted information (upon request) |
100.00 for less than 10 pages and 5.00 for the subsequent pages”. |
5. Schedule II to the principal Regulations is amended by substituting for Form 1 the following form:
(Regulation 29)
Patents Form No. 1 Patents Act 1983 Request for Grant of Patent (Regulation 7(1)) To: The Registrar of Patents Patent Registration Office Kuala Lumpur |
For Official Use Application No.: Filing Date: Request received on: *Fee received on: Amount: *Cheque/Postal Order/Money Order/Draft/Cash No.: |
|
Please submit this Form in duplicate together with the prescribed fee. |
Applicant’s or Agent’s file reference |
|
THE APPLICANT (S) REQUEST (S) THE GRANT OF A PATENT IN RESPECT OF THE FOLLOWING PARTICULARS: I. Title of Invention: |
|
|
II. APPLICANTS) (the data concerning each applicant must appear in this box or, if the space is insufficient in the space below) Name: H.S.C./Passport No.: Address: Address for service in Malaysia: … Nationality: *Permanent residence or principal place of business: Telephone No. (if any): Fax No. (if any): |
|
|
Additional Information (if any): |
|
|
III. INVENTOR Applicant is the inventor: Yes c No c If the applicant is not the inventor: Name of inventor: Address of inventor: A Statement justifying the applicant’s right to the patent accompanies this Form: Yes c No c |
|
|
Additional Information (if any): |
|
|
IV. AGENT OR REPRESENTATIVE Applicant has appointed a patent agent in accompanying Yes c Form No. 17: No c Agent’s Registration No.: Applicants have appointed to be their common representative. |
|
V. DIVISIONAL APPLICATION This application is a divisional application c The benefit of the filing date c priority date c of the initial application is claimed in as much as the subject-matter of the present application is contained in the initial application identified below: Initial Application No.: Date of filing of initial application: . |
|
VI. DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES Additional information is contained in supplemental box: (a) Disclosure was due to acts of applicant or his predecessor in title c Date of disclosure: (b) Disclosure was due to abuse of rights of applicant or his predecessor in title c Date of disclosure: A statement specifying in more detail the facts concerning the disclosure accompanies this form: Yes c No c |
|
Additional Information (if any): |
|
VII. PRIORITY CLAIM (if any) The priority of an earlier application is claimed as follows: Country (if the earlier application is a regional or international application, indicate the office with which it is filed): Filing Date: ……… Application No: Symbol of the International Patent Classification: If not yet allocated, please tick c The priority of more than one earlier application is claimed: Yes c No c The certified copy of the earlier application (s) accompanies this Form: Yes c No c If No, it will be furnished by (date) |
|
Additional Information (if any): |
|
VIII. CHECK LIST A. This application contains the following: 1. request 2. description sheets 3. claim sheets 4. abstract sheets 5. drawings sheets Total sheets B. This Form, as filed, is accompanied by the items checked below (please tick where appropriate): (a) signed Form No. 17 c (b) declaration that inventor does not wish to be named in the patent c (c) statement justifying applicant’s right to the patent c (d) statement that certain disclosures be disregarded c (e) priority document (certified copy of earlier application) c (f) cash, cheque, money order, banker’s draft or postal order for the payment of c (g) other documents (specify) c |
|
IX. SIGNATURE (Date) **(Applicant/Agent) If Agent, indicate Agent’s Registration No.: |
|
For Official Use 1. Date application received: 2. Date of receipt of correction, later filed papers or drawings completing the application: |
* Delete where inapplicable.
** Type name under signature and delete where inapplicable.’.
Made 23 July 2001.
[KPDN/BHI/PAT/201JSJ.1; PN(PU2)410/V]
TAN SRI DATO’ HAJI MUHYIDDIN HAJI MOHD. YASSIN
Minister of Domestic Trade and Consumer Affairs