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Legislative Implementation of Flexibilities - Malaysia

Title:Sections 28 (1) (c), 29A (4) and (5) (b) and 56 (2) (b) of the Patents Act No. 291 of 1983 as last amended by Act No. 1264 of 2006 and Rule 12 of the Patent Regulations P.U.(A) 327/86 as last amended on 19/06/2003
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Section 28. Filing date.

(1) The Registrar shall record as the filing date the date of receipt of the application: Provided that the application contains

(c) a description;

Section 29A. Request for substantive examination or modified substantive examination.

(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

(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within the prescribed period, the application for a patent shall, subject to subsection (6), be deemed to be withdrawn at the end of that period.

Section 56. Invalidation of patent.

(2) The Court shall invalidate the patent if the person requesting the invalidation proves -

(b) that the description or the claim does not comply with the requirements of section 23;

REGULATIONS

Regulation 12. Description.

(1) The description shall first state the title of the invention as appearing in the request and shall

(a) specify the technical field to which the invention relates; (b) indicate the background art which, as far as is known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, wherever possible, cite the documents reflecting such art;

(c) disclose the invention in such terms that it can be understood and in a manner sufficiently clear and complete for the invention to be evaluated and to be carried out by a person having ordinary skill in the art, and state any advantageous effects of the invention with reference to the background art; (d) briefly describe figures in the drawings, if any; (e) describe the best mode contemplated by the applicant for carrying out the invention, using examples where appropriate and referring to the drawings, if any; and (f) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable and the way in which it can be made and used or, if it can only be used, the way in which it can be used.

(2) The description shall be presented in the manner and order specified in sub-regulation (1) unless, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more economical presentation. (3) The description shall not contain drawings.

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