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Patents Regulations (Amendment) 2001, Malaysia

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Latest Version in WIPO Lex
Details Details Year of Version 2001 Dates Entry into force: August 1, 2001 Issued: July 23, 2001 Type of Text Implementing Rules/Regulations Subject Matter Patents (Inventions)

Available Materials

Main Text(s) Related Text(s)
Main text(s) Main text(s) English Patents Regulations (Amendment) 2001        
MY009: Patents, Regulations (Amendment), 23/07/2001

Patents Act 1983
Patents Regulations (Amendment) 2001

Table of Contents

In exercise of the powers conferred by section 87 of the Patents Act 1983 [Act 291], the Minister makes the following regulations:

Citation and Commencement

1.—(1) These regulations may be cited as the Patents Regulations (Amendment) 2001.

(2) These Regulations come into operation on 1 August 2001.

Amendment of Regulation 29

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.”.

Amendment of Regulation 38

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.”.

Amendment of Schedule I

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)
Item No.

(2)
Matter/Proceeding

(3)
Fee
(RM)

“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
(Bibliography data)

5.00 per page

21

Permitted information

(upon request)

100.00 for less than 10 pages and 5.00 for the subsequent pages”.

Amendment of Schedule II

5. Schedule II to the principal Regulations is amended by substituting for Form 1 the following form:

Schedule

(Regulation 29)

Form

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
Malaysia

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
application fee

(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


Legislation Amends (1 text(s)) Amends (1 text(s)) WTO Document Reference
IP/N/1/MYS/P/1
No data available.

WIPO Lex No. MY009