LAWS OF MALAYSIA

ACT 291
PATENTS ACT 1983 [REPRINT - 2001]
Incorporating latest amendment - Act A1196/2003

Date of Royal Assent :	28th November 1983
Date of publication in the Gazette :	15th December 1983
Date of coming into operation:	1st October 1986 [P.U.(B) 500/86]

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ARRANGEMENT OF SECTIONS
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Long Title & Preamble

PART I - PRELIMINARY

Section 1. Short title, commencement and application.
Section 2. Extent of application.
Section 3. Interpretation.

PART II - [Deleted]

Section 4. [Deleted]
Section 5. [Deleted]
Section 6. [Deleted]
Section 7. [Deleted]
Section 7A. [Deleted]

PART III - ADMINISTRATION

Section 8. Registrar, Deputy Registrars and Assistant Registrars.
Section 9. Patent Registration Office.
Section 9A. Examiners.
Section 10. Patent information service.

PART IV - PATENTABILITY

Section 11. Patentable inventions.
Section 12. Meaning of "invention".
Section 13. Non-patentable inventions.
Section 14. Novelty.
Section 15. Inventive step.
Section 16. Industrial application.
Section 17B. Conversion from an application for a patent into an application for a certificate for a utility innovation, and vice versa.
Section 17C. Patent and certificate for a utility innovation cannot both be granted for the same invention.

PART IVA - UTILITY INNOVATIONS

Section 17. Definition.
Section 17A. Application.

PART V - RIGHTS TO A PATENT

Section 18. Right to a patent.
Section 19. Judicial assignment of patent application or patent.
Section 20. Inventions made by an employee or pursuant to a commission.
Section 21. Inventions by Government employee.
Section 22. Joint owners.

PART VI - APPLICATION, PROCEDURE FOR GRANT AND DURATION

Section 23. Requirements of application.
Section 23A. Applications by residents to be filed in Malaysia first.
Section 24. Application fee.
Section 25. Withdrawal of application.
Section 26. Unity of invention.
Section 26A. Amendment of application.
Section 26B. Division of application.
Section 27. Right of priority.
Section 27A. Priority date.
Section 28. Filing date.
Section 29. Preliminary examination.
Section 29A. Request for substantive examination or modified substantive examination.
Section 30. Substantive examination and modified substantive examination.
Section 30A. Prohibition of publication of information which might be prejudicial to the nation.
Section 31. Grant of patent.
Section 32. Register of Patents.
Section 32A. Notice of a trust not to be registered.
Section 33. Examination of Register and certified copies.
Section 33A. Certified copies of or extracts from Register, etc. admissible as evidence in court.
Section 33B. Amendments to the Register.
Section 33C. Court may order rectification of the Register.
Section 34. Inspection of files
Section 35. Duration of patent.
Section 35A. Reinstatement of a lapsed patent.

PART VII - RIGHTS OF OWNER OF PATENT

Section 36. Rights of owner of patent.
Section 37. Limitation of rights.
Section 38. Rights derived from prior manufacture or use.

PART VIII - ASSIGNMENT AND TRANSMISSION OF PATENTS

Section 39. Assignment and transmission of patent applications and patents.
Section 40. Joint ownership of patent applications or patents.

PART IX - LICENSE CONTRACTS

Section 41. Meaning of licence contract.
Section 42.Entry in the Register.
Section 43. Rights of the licensee.
Section 44. Rights of the licensor.
Section 45. Invalid clauses in licence contracts.
Section 46. Effect of patent application not being granted or patent being declared invalid.
Section 47. Expiry, termination or invalidation of licence contract.

PART X - COMPULSORY LICENCES

Section 48. Definition.
Section 49. Application for compulsory licences.
Section 49A. Application for compulsory licence based on inter-dependence of patents.
Section 50. Request for grant of compulsory licence.
Section 51. Decision by the Corporation.
Section 52. Scope of compulsory licence.
Section 53. Limitation of compulsory licence.
Section 54. Amendment, cancellation and surrender of compulsory licence.

PART XI - SURRENDER AND INVALIDATION OF PATENT

Section 55. Surrender of patent.
Section 56. Invalidation of patent.
Section 57. Date and effect of invalidation.

PART XII - INFRINGEMENT

Section 58. Acts deemed to be infringement.
Section 58A. Acts deemed to be non-infringement.
Section 59. Infringement proceedings.
Section 60. Injunction and award of damages.
Section 61. Infringement proceedings by licensee and beneficiary of compulsory licence.
Section 62. Declaration of non-infringement.
Section 62A. Applications in contravention of section 23A.
Section 62B. Publication of information in contravention of Registrar's directions.

PART XIII - OFFENCES

Section 63. Falsification of Register, etc.
Section 64. Unauthorised claim or patent.
Section 65. Unauthorized claim that patent has been applied for.
Section 66. Misuse of title "Patent Registration Office".
Section 66A. Unregistered persons practising, etc., as a patent agent.
Section 67. Offences by corporations.

PART XIV - POWERS RELATING TO ENFORCEMENT

Section 68. Authorization of officer to exercise powers under this Part.
Section 69. Powers of arrest.
Section 70. Search with warrant.
Section 71. List of things seized.
Section 72. Return of things seized.
Section 73. Power of investigation.
Section 74. Examination of witnesses.
Section 75. Admission of statements in evidence.
Section 76. Obstruction to search, etc.
Section 77. Institution of prosecution.
Section 78. Jurisdiction of subordinate Court.

PART XV - MISCELLANEOUS

Section 79. Power of Registrar to amend patent application.
Section 79A. Power of Registrar to amend patent.
Section 80. Other powers of Registrar.
Section 81. Exercise of discretionary power.
Section 82. Extension of time.
Section 83. Extension of time by reason of error in Patent Registration Office.
Section 83A. Power of Registrar to amend patent.
Section 84. Rights of Government.
Section 85. Refusal to grant patent by the Registrar.
Section 86. Patent agents.
Section 87. Regulations.
Section 88. Appeal.
Section 89. Repeal and saving provisions.
Section 90. Transitional.

FIRST SCHEDULE - [Deleted]
SECOND SCHEDULE

Note: Saving provision.[Act A1137]

LIST OF AMENDMENTS

REGULATIONS