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LAWS OF MALAYSIA

REPRINT

Act 291

PATENTS ACT 1983

Incorporating all amendments up to 1 May 2006

PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968

IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

Laws of Malaysia

ACT 291

PATENTS ACT 1983

Date of Royal Assent

... ... ... ... ... 28 November 1983

Date of publication in the Gazette

... 15 December 1983

PREVIOUS REPRINT

First Reprint

... ... ... ... ...

2001

Patents

LAWS OF MALAYSIA

Act 291

PATENTS ACT 1983

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

Short title application

Extent of application

Interpretation

PART II

PATENTS BOARD

4-7A.

(Deleted)

PART III

ADMINISTRATION

Registrar, Deputy Registrars and Assistant Registrars

Patent Registration Office

9A.

Examiners

10.

Patent information service

PART IV

PATENTABILITY

11.

Patentable inventions

12.

Meaning of "invention"

13.

Non-patentable inventions

14.

Novelty

15.

Inventive step

16.

Industrial application

Laws of Malaysia

ACT 291

PART IVA

UTILITY INNOVATIONS

Section

17.

Definition

17A. Application

17B. Conversion from an application for a patent into an application for a

certificate for a utility innovation, and vice versa

17C. Patent and certificate for a utility innovation cannot both be granted

for the same invention

PART V

RIGHTS TO A PATENT

18.

Right to a patent

19.

Judicial assignment of patent application or patent

20.

Inventions made by an employee or pursuant to a commission

21.

Inventions by Government employee

22.

Joint owners

PART VI

APPLICATION, PROCEDURE FOR GRANT

AND DURATION

23.

Requirements of application

23A. Applications by residents to be filed in Malaysia first

24.

Application fee

25.

Withdrawal of application

26.

Unity of invention

26A. Amendment of application

26B. Division of application

27.

Right of priority

27A. Priority date

28.

Filing date

29.

Preliminary examination

29A. Request for substantive examination or modified substantive examination

30.

Substantive examination and modified substantive examination

30A. Prohibition of publication of information which might be prejudicial

to the nation

31.

Grant of patent

Patents

Section

32.

32A. Notice of a trust not to be registered

33.

Examination of Register and certified copies

33A. Certified copies of or extracts from Register, etc., admissible as evidence

in court

33B. Amendments to the Register

33C. Court may order rectification of the Register

34.

Public inspection

35.

Duration of patent

35A. Reinstatement of a lapsed patent

PART VII

RIGHTS OF OWNER OF PATENT

36.

Rights of owner of patent

37.

Limitation of rights

38.

Rights derived from prior manufacture or use

PART VIII

ASSIGNMENT AND TRANSMISSION OF PATENT

APPLICATIONS AND PATENTS

39.

Assignment and transmission of patent applications and patents

40.

Joint ownership of patent applications or patents

PART IX

LICENCE CONTRACTS

41.

Meaning of licence contract

42.

Entry in the Register

43.

Rights of the licensee

44.

Rights of the licensor

45.

Invalid clauses in licence contracts

46.

Effect of patent application not being granted or patent being declared

invalid

47.

Expiry, termination or invalidation of licence contract

Laws of Malaysia

ACT 291

PART X

COMPULSORY LICENCES

Section

48.

Definition

49.

Application for compulsory licences

49A. Application for compulsory licence based on interdependence of patents

50.

Request for grant of compulsory licence

51.

Decision by the Corporation

52.

Scope of compulsory licence

53.

Limitation of compulsory licence

54.

Amendment, cancellation and surrender of compulsory licence

PART XI

SURRENDER AND INVALIDATION OF PATENT

55.

Surrender of patent

56.

Invalidation of patent

57.

Date and effect of invalidation

PART XII

INFRINGEMENT

58.

Acts deemed to be infringement

58A. Acts deemed to be non-infringement

59.

Infringement proceedings

60.

Injunction and award of damages

61.

Infringement proceedings by licensee and beneficiary of compulsory

licence

62.

Declaration of non-infringement

PART XIII

OFFENCES

62A. Applications in contravention of section 23A

62B. Publication of information in contravention of Registrar's directions

63.

Falsification of Register, etc.

Patents

Section

64.

Unauthorized claim or patent

65.

Unauthorized claim that patent has been applied for

66.

Misuse of title "Patent Registration Office"

66A. Unregistered persons practising, etc., as a patent agent

67.

Offences by corporations

PART XIV

POWERS RELATING TO ENFORCEMENT

68.

Authorization of officer to exercise powers under this Part

69.

Powers of arrest

70.

Search with warrant

71.

List of things seized

72.

Return of things seized

73.

Power of investigation

74.

Examination of witnesses

75.

Admission of statements in evidence

76.

Obstruction to search, etc.

77.

Institution of prosecution

78.

Jurisdiction of subordinate Court

PART XIVA

INTERNATIONAL APPLICATIONS UNDER THE PATENT

COOPERATION TREATY

78A. Interpretation

78B. Application

78C. Patent Registration Office as receiving office

78D. Patent Registration Office as designated office

78E. Patent Registration Office as elected office

78F. Persons eligible for international application

78G. Filing of an international application

78H. Filing date and the effect of filing an international application

78I. Defects in international application

78J. International application considered withdrawn

78K. Processing of international applications

78L. International Searching Authority

Laws of Malaysia

ACT 291

Section

78M. International Preliminary Examination Authority

78N. International publication of international application and its effect

78O. Entering the national phase

78P. Search similar to international search for national applications

78Q. Conversion of an international application into a national application

PART XV

MISCELLANEOUS

79.

Powers of Registrar to amend patent application

79A. Power of Registrar to amend patent

80.

Other powers of Registrar

81.

Exercise of discretionary power

82.

Extension of time

83.

Extension of time by reason of error in Patent Registration Office

83A. Certificate by the Registrar

84.

Rights of Government

85.

Refusal to grant patent by the Registrar

86.

Patent agents

87.

Regulations

88.

Appeal

89.

Repeal and saving provisions

90.

Transitional

FIRST SCHEDULE (Deleted)

SECOND SHEDULE

Patents

LAWS OF MALAYSIA

Act 291

PATENTS ACT 1983

An Act to make better provisions in the law relating to patents and

for other matters connected therewith.

[1 October 1986--P.U. (B) 500/1986]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan

Agong with the advice and consent of the Dewan Negara and

Dewan Rakyat in Parliament assembled, and by the authority of

the same, as follows:

PART I

PRELIMINARY

Short title and application

1. (1) This Act may be cited as the Patents Act 1983.

(2) This Act shall apply throughout Malaysia.

Extent of application

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.

Interpretation

In this Act, unless the context otherwise requires--

"appointed date" has the same meaning as is assigned to that

expression in the Intellectual Property Corporation of Malaysia

Act 2002;

Laws of Malaysia

ACT 291

"Assistant Registrar" means the person appointed or deemed to

have been appointed to be an Assistant Registrar under subsection

8(2) or (3);

" a u t h o r i z e d officer" means an officer authorized under

section 68;

"Corporation" means the Intellectual Property Corporation of

Malaysia established under the Intellectual Property Corporation

of Malaysia Act 2002;

"Court" means the High Court, or Judge thereof;

"Deputy Registrar" means the person appointed or deemed to

h a v e been appointed to be a Deputy Registrar under

subsection 8(2) or (3);

"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 organization;

"employer", in relation to an employee, means the person by

whom the employee is or was employed;

"Examiner" means any person, government department, unit or

organization, or any foreign or international patent office or

organization, appointed by the Corporation under section 9A;

"filing date" means the date recorded by the Registrar as the

filing date under section 28;

"Minister" means the Minister for the time being charged with

the responsibility for intellectual property;

"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;

Patents

"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, <