WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPlNllIMYSlP11 
23 November 2001 
(01-5959) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
MALAYSIA 
The present document reproduces the text! of the following laws and regulations, as notified by Malaysia under 
Article 63.2 ofthe Agreement (see document IPIN/l/MYS/l): 
Patents Act 1983 (Act 291) and Regulations 
Patents (Amendment) Act 2000 (Act Al 088) 
Patents Regulations (Amendment) 2001 
Conseil des aspects des droits de propriete 
intellectuelie qui touchent all commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA PROPRIETE 
INTELLECTUELLE NOTIFIEES AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
MALAISIE 2 
120 
127 
Le present document contient le texte1 des lois et reglementations ci-apn~s, notifiees par la Malaisie au 
titre de l'article 63:2 de I'Accord (voir le document IP/N/l/MYSIl): 
Loi de 1983 sur les brevets (Loi nO 291) et reglementation 
Loi de 2000 sur les brevets (modification) (Loi n° A1088) 
~eglementation de 200l sur les brevets (modification) 
Consejo de los Aspectos de los Derccltos de Propicdad 
Intelectual relacionados con cl Comel'cio 
PRINCIPALES LEVES Y REGLAMENTOS DEDICADOS A LA PROP]EDAD INTELECTUAL 
NOTlFICADOS EN VIRTUD DEL PARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
MALASIA 2 
120 
127 
En d presente documento se reproduce el texto! de las leyes y reglamentos notificados por Malasia en virtud de 10 
dispuesto en el parrafo 2 del articulo 63 del Acuerdo (v ease el documento IPIN/1/MYS/l): 
Ley de Patentes de 1983 (Ley 291) y Reglamentos 
Ley de Patentes (Modification) de 2000 (Ley A1088) 
Reglamento sobre Patentes (Modificacion) de 2001 2 
120 
127 
1 Distributed in English only. The texts of these laws in the original language are available for 
consultation by interested Delegations at the WTO Secretariat./En anglais seulement. Les delegations 
interessees peuvent consulter les textes de ces 10is, dans leur langue d'origine, au Secretariat de 
I'OMC.lDistrihuido en ingles solamente. Las delegaciones interesadas podnin consultar en la Secretaria de la 
OMC los textos de estas leyes en su idioma original. IP/N/I/MYS/P/l 
Page 2 
PATENTS eT 1983 
(ACT 291) 
REGULATIONS 
(AS AT 15TH JULY 2000) PATENTS ACT, 1983 
(ACT 291) 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
1. Short title, commencement and application. 
2. Extent of application. 
3. Interpretation. 
PARTIl 
PATENTS BOARD 
4. Establishment and composition of Patents Board. 
5. Appointment of alternate member of Board. 
6. Remuneration of members. 
7. Schedule to apply to Board and members. 
7 A. Protection in respect of acts done in pursuance of this Act. 
PART III 
ADMINISTRATION 
8. Registrar, Deputy Registrar and Assistant Registrar. 
9. Patent Registration Oftlce. 
10. Patent information service. 
11. Patentable inventions. PARTlY 
PATENTABILITY 
12. Meaning of "invention". 
13. Non-patentable inventions. 
14. Novelty. 
15. Inventive step. 
16. Industrial application. IPINIlIMYS/PI 1 
Page 3 IP/N/1/MYS/P/l 
Page 4 
PARTIVA 
UTILITY INNOVATIONS 
17. Definition. 
17 A. Application. 
178. 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 ~oth 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. 
27 A. Priority date. 
28. Filing date. 
29. Preliminary examination. 
29A. Request for substantive examination or modified substantive examina­
tion. 
30. Substantive examination and modified substantive examination. 
30A. Prohibition of publication of information which might be prejudicial to 
the nation. 
31. Grant of patent. 
32. Register of Patents. 
32A. Notice of a trust not to be registered. 33. Examination of Register and certified copies. I P/NIlIMYS/P/l 
Page 5 
31.;.. 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. Inspection of files. 
35. Duration of patent. 
35A. Reinstatement of a lapsed patent. 
PARTVll 
RIGHTS OF OWNER OF PATENT 
36. Rights of owner of patent. 
37. Limitation of rights. 
38. Rights derived from prior manufacture or use. 
PARTVllI 
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. 
48. Definition. PART X 
COMPULSORY LICENCES 
49. Application for compulsory licences. 
49A. Application for compulsory licence based on inter-dependence of patents 
50. Request for grant of compulsory licence. 
51. Decision by the Board. IPINIIIMYS/PIl 
Page 6 
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. 
PARTxn 
INFRINGEMENT 
58. Acts deemed to be infringement. 
59. Infringement proceedings. 
60. Injunction and award of damages. 
61. Infringement proceedings by licensee and beneficiary of compu1sor: 
licence. 
62. Declaration of non-infringement. 
62A. Applications in contravention of Section 23A. 
62B. Publication of information in contravention of Registrar's directions. 
PART Xln 
OFFENCES 
63. Falsification of Register, etc. 
64. Unauthorised claim or patent. 
65. Unauthorised 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 corporation. 
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. Li~t 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. Conduct of prosecution. 
78. Jurisdiction of subordinate Court. 
PART XV 
MISCELLANEOUS 
79. Power of Registrar to amend patent application. 
79A. Power of Registrar to amend patent. 
SO. Other powers of Registrar. 
SI. 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. 
SECOND SCHEDULE. IP!NIl/MYS/P/l 
Page 7 IPfN/lIMYS/PIl 
Page 8 
PATENTS ACT, 1983* 
(Act 291) 
An Act to make better provisions in the law relating to patents and 
for other matters connected therewith. 
[1.10.1986] 
BE IT ENACTED by the Duli Yang Maha Mulia 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 
1. Short title, commencement and application. 
(1) This Act may be cited as the Patents Act, 1983 and shall 
come into force on such date as the Minister may, by notification in 
the Gazette, appoint. 
(2) This Act shall apply throughout Malaysia. 
2. Extent of application. 
This Act shall apply to patent applications made after the com­
mencement of this Act and to the registration of patents made on 
such applications. 
3. Interpretation. 
In this Act, unless the context otherwise requires-
"authorized officer" means an officer authorized under section 68; 
"Board" means the Patents Board established under this Act; 
"Court" means the Hight Court, or Judge thereof; 
"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; 
*As amended by Act A648, A863. IP/N/I/MYS/P/l 
Page 9 
"employer", in relation to an employee, means the person by 
whom the employee is or was employed; 
"Examiner" means any person, government department, unit, 
organization, or any foreign or international patent office or organi~ 
zation, appointed by the Board to whom the Registrar may refer 
questions concerning patents; 
"filing date" means the date recorded by the Registrar as the filing 
date under section 28; 
"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; 
"prescribed" means prescribed by regulations made under this 
Act; 
"priority date" means the date prescribed in section 27 A; 
"process" includes an art or a method; 
"product" means any thing which appears in tangible form, and 
includes any apparatus, article, device, equipment, handicraft, 
implement, machine, substance and composition; 
"Register" means the Register of Patents and the Register for 
Certificates for Utility Innovations kept under this Act; 
"Registrar" means the Registrar of Patents; 
"right", in relation to any patent application or patent, includes an 
interest in the patent application or patent and, without prejudice to 
the foregoing, any reference to a right in a patent includes a reference 
to a share in the patent. IP/N/1/MYS/P/I 
Page 10 
PART II 
PATENTS BOARD 
4. Establishment and composition of Patents Board. 
(1) There shall be established a Patents Board which shall be a 
body corporate with perpetual succession and a common seal and 
which may sue and be sued and whose functions shall be-
(a) to issue certificates for utility innovations; 
(b) to consider applications for compulsory licences under sub­
section (2) of section 51; 
(c) to appoint Examiners; and 
(d) to advise the Minister generally on matters pertaining to this 
Act. 
(lA) The Board may delegate any of its functions under para­
graphs (a) and (b) of subsection (1) to any person it deems fit. 
(2) The Board shall consist of the following members: [Subs. Act 
A863] (a) the Secretary-General of the Ministry charged with the 
responsibility for industrial property, who shall be the Chair-
man; 
(b) a Deputy Chairman, who shall be appointed by the Minister 
from amongst persons who, in the opinion of the Minister, 
by reason of their knowledge and experience would be of 
substantial service to the development of industrial prop­
erty; 
(c) a representative of the Ministry charged with the responsi­
bility for industrial property, to be appointed by the Secre­
tary-General of that Ministry; 
(d) a representative of the Ministry charged with the responsi­
bility for industry, to be appointed by the Secretary-General 
of that Ministry; 
(e) a representative of the Ministry charged with the responsi­
bility for science and technology, to be appointed by the 
Secretary-General of that Ministry; 
if) a representative of the National Scientific Council for Re­
search and Development, to be appointed by that Council; 
(g) a representative of the representing research institutes, to be 
appointed by the Minister; 
(h) a representative of the institutions of higher learning, to be 
appointed by the Minister; and 
(i) not more than three other persons whom the Minister con­
siders fit and proper persons to be members of the Board, to 
be appointed by the MinisteL [Am. Act 
A863] 
fIlls. Act 
A863] IP/NIl/MYS/P/l 
Page 11 
(3) Any member of the Board appointed under paragraph (b), 
(g), (h) or (i) of subsection (2) shall, unless his appointment is sooner 
revoked or he sooner resigns, hold office for such period not exceed­
ing two years as the Minister may determine and shall be eligible for 
reappointment. 
5. Appointment of alternate member of Board. 
(1) The Minister may in respect of each member of the Board 
appointed under paragraph (g), (h) or (i) of subsection (2) of section 4 
appoint another person representing the same interest as that member 
to be that member's alternate and such alternate member may attend 
the meetings of the Board in place of that member if that member is 
for any reason unable to attend. 
(lA) Another person from the same Ministry or body as a member 
appointed under paragraph (c), (d), (e), or if) of subsection (2) of 
section 4 may be appointed by the respective appointing authorities 
mentioned in those paragraphs to be that member's alternate and 
such alternate member may attend the meetings of the Board in place 
of that member if that member is for any reason unable to attend. 
(2) When attending a meeting of the Board in the absence of the 
member in respect of whom he is appointed to be an alternate, an 
alternate member shall for all purposes be deemed to be a member of 
the Board. 
(3) An alternate member shall, unless his appointment is sooner 
revoked or he sooner resigns, cease to be an alternate member when 
the member in respect of whom he is an alternate is deemed to have 
vacated his office or otherwise ceases to be a member of the Board 
pursuant to the provisions of this Act but this shall be without 
prejudice to such alternate member being appointed as a member or 
reappointed as an alternate member. 
6. Remuneration of members. 
The members and alternate members of the Board may be paid 
such remuneration as the Minister may determine. 
7. Schedule to apply to Board and members. 
The provisions of the First Schedule shall apply in respect of the 
Board, its members and alternate members. 
7 A. Protection in respect of acts done in pursuance of this Act 
A member of the Board or an Examiner shall not be personally 
liable for or in respect of any act, matter or thing done or omitted to 
be done in good faith and in the proper exercise of any of his duties or 
functions as a member of the Board or an Examiner under this Act IPlN/lIMYS!P!l 
Page 12 
PART III 
ADMINISTRATION 
8. Registrar, Deputy Registrar and Assistant Registrar. 
(1) The Minister may appoint a Registrar of Patents who shall be 
conferred with powers and functions for the proper administration of 
this Act. 
(2) The Minister may give the Registrar any direction not incon­
sistent with the provisions of this Act as to the exercise and perfor­
mance of the powers and functions in relation to any matter which 
appears to him to concern the development of industrial property and 
other matters connected therewith and the Registrar shall give effect 
to any such direction. 
(3) The Minister may appoint such number of Deputy Registrars 
of Patents as may be necessary for carrying out the provisions of this 
Act and the Deputy Registrars shall, subject to the control of the 
Registrar, have all the powers and functions of the Registrar under 
this Act except the power of delegation referred to in subsection (5). 
(4) The Minister may appoint such number of Assistant Regis­
trars of Patents as may be necessary for carrying out the provisions of 
this Act and the powers and functions of an Assistant Registrar shall 
be as prescribed by the Minister or delegated by the Registrar pursu­
ant to subsection (5). 
(5) The Registrar may, in relation to a particular matter or class 
of matters by writing under his hand, delegate all or any of his powers 
or functions under this Act, except his power of delegation, to an 
Assistant Registrar so that the delegated powers and functions may 
be exercised by the Assistant Registrar so delegated but a delegation 
made under this subsection is revocable at the discretion of the 
Registrar and does not prevent the exercise of that power or function 
by the Registrar or Deputy Registrar. 
(6) The Registrar shall have a seal of such device as may be 
approved by the Minister and the impressions of such seal shall be 
judicially noticed and admitted in evidence. 
9. Patent Registration Office. 
(1) For the purposes of this Act there shall be established a 
Patent Registration Office which would be the office of the Registrar. 
(2) The Patent Registration Office shall be the secretariat to the 
Board. 
(3) The Registrar shall be responsible for the administration of 
the Patent Registration Office. IP/N/1/MYS/PIl 
Page 13 
(4) The Minister may, by notification in the Gazette, establish 
such number of branch offices of the Patent Registration Office as he 
may deem necessary for the purposes of this Act. 
(5) Any application or other document required or permitted to 
be filed at the Patent Registration Office may be filed at any branch 
office of the Patent Registration Office and such application or other 
document shall be deemed to have been filed at the Patent Registra­
tion Office. 
10. Patent information service. 
[Subs. Act There shall be a patent information service which provides infor-
A863} mation to the public upon payment of the prescribed fee. 
PART IV 
PATENTABILITY 
11. Patentable inventions. 
An invention is patentable if it is new, involves an inventive step 
and is industrially applicable. 
12. Meaning of "invention". 
(1) An invention means an idea of an inventor which permits in 
practice the solution to a specific problem in the field of technology. 
(2) An invention may be or may relate to a product or process. 
13. Non-patentable inventions. 
(1) Notwithstanding the fact that they may be inventions within 
the meaning of section 12, the following shall not be patentable: 
(a) discoveries, scientific theories and mathematical methods; 
(b) plant or animal varieties or essentially biological processes 
for the production of plants or animals, other than man­
made living micro-organisms, micro-biological processes 
and the products of such micro-organism processes; 
(c) schemes, rules or methods for doing business, performing 
purely mental acts or playing games; 
(d) methods for the treatment of human or animal body by 
surgery or therapy, and diagnostic methods practised on the 
human or animal body: 
Provided that paragraph shall not apply to products 
used in any such methods. IP/N/l/MYS/PIl 
Page 14 
[Ins. Act 
A863] (2) For the purpose of subsection (1), in the event of uncertainty 
as to whether the items specified therein shall be patentable or 
not, the Registrar may refer the matter to the Examiner for an 
opinion and the Registrar shall thereafter give a decision as to whether 
to include or exclude such item as being patentable, as the case may 
be. 
14. Novelty. 
(1) An invention is new if it is not anticipated by prior art. 
(2) Prior art shall consist of-
(a) everything disclosed to the public, anywhere in the world, 
by written publication, by oral disclosure, by use or in any 
other way, prior to the priority date of the patent application 
claiming the invention; 
(b) the contents of a domestic patent application having an 
earlier priority date than the patent application referred to in 
paragraph (a) to the extent that such contents are included in 
the patent granted on the basis of the said domestic patent 
application. 
(3) A disclosure made under paragraph (a) of subsection (2) 
shall be disregarded-
(a) if such disclosure occurred within one year preceding the 
date of the patent application and if such disclosure was by 
reason or in consequence of acts committed by the appli­
cant or his predecessor in title; 
(b) such disclosure occurred within one year preceding the 
date of the patent application and if such disclosure was by 
reason or in consequence of any abuse of the rights of the 
applicant or his predecessor in title; 
(c) if such disclosure is by way of a pending application to 
register the patent in the United Kingdom Patent Office as 
at the date of coming into force of this Act. 
(4) The provisions of subsection (2) shall not exclude the 
patentability of any substance or composition, comprised in the prior 
art, for use in a method referred to in paragraph (d) of subsection (1) 
of section 13, if its use in any such method is not comprised in the 
prior art. 
15. Inventive step. 
An invention shall be considered as involving an inventive step if, 
having regard to any matter which fOlU1S part of the prior art under 
paragraph (a) of subsection (2) of section 14, such inventive step 
would not have been obvious to a person having ordinary skill in the 
art. [Am. Act 
A863] 16. Industrial application. IP/NIl/MYS/PIl 
Page 15 
An invention shall be considered industrially applicable if it can be 
made or used in any kind of industry. 
17. Definition. PARTIVA 
UTILITY INNOVATIONS 
(Subs. Act For the purposes of this Part and any regulations made under this 
A863] Act in relation to this Part, "utility innovation" means any innovation 
which creates a new product or process, or any new improvement of 
a known product or process, which can be made or used in any kind 
of industry, and includes an invention. 
17 A. Application. 
(1) Except as otherwise provided in this Part, the provisions of 
this Act, subject to the modifications in the Second Schedule, shall 
apply to utility innovations in the same manner as they apply to 
inventions. 
(2) Sections 11, 15, 16,26, Part X, and sections 89 and 90 shall 
not apply to utility innovations. 
17B. Conversion from an application for a patent into an [Ins. Act 
application for a certificate for a utility innovation, and vice A 863] 
versa. 
(1) An application for a patent may be converted into an applica­
tion for a certificate for a utility innovation. 
(2) An application for a certificate for a utility innovation may be 
converted into an application for a patent. 
(3) A request to convert an application for a patent into an 
application for a certificate for a utility innovation or to convert an 
application for a certificate for a utility innovation into an application 
for a patent shall be filed by the applicant and shall comply with 
regulations made under this Act. 
(4) A request for conversion under this section shall be filed not 
later than six months from the date the Registrar makes known to the 
applicant the report made by the Examiner in accordance with sub­
section (1) or (2) of section 30. 
(5) A request for conversion under this section shall not be 
entertained unless the prescribed fee has been paid to the Registrar" 
(6) An application which has been converted shall be deemed to 
have been filed at the time the initial application was filed. lPlNIl 
Page 16 
{Ins. Act 
A 863] 17 c. Patent and certificate for a utility innovation cannot both be [Ins. Act 
granted for the same invention. A 863 } 
(1) If an applicant for a patent has also--
(a) made an application for a certificate for a utility innovation; 
or 
( b) been issued with a certificate for a utility innovation, 
and the subject-matter of the application for a patent is the same as 
the subject-matter of the application mentioned in paragraph (a) or of 
the certificate mentioned in paragraph (b), a patent shall not be 
granted until the application mentioned in paragraph (a) has been 
withdrawn or the certificate mentioned in paragraph (b) has been 
surrendered. 
(2) If an applicant for a certificate for a utility innovation has 
also--
(a) made an application for a patent; or 
(b) been granted a patent, 
and the subject-matter of the application for a certificate for a utility 
innovation is the same as the subject-matter of the application men­
tioned in paragraph (a) or of the patent mentioned in paragraph (b), a 
certificate for a utility innovation shall not be granted until the 
application mentioned in paragraph (a) has been withdrawn or the 
patent mentioned in paragraph (b) has been surrendered. 
18. Right to a patent. PART V 
RIGHTS TO A PATENT 
(I) Any person may make an application for a patent either alone 
or jointly with another. 
(2) Subject to section 19, the rights to a patent shall belong to the 
inventor. 
(3) Where two or more persons have jointly made an invention, 
the rights to a patent shall belong to them jointly. 
(4) If two or more persons have separately and independently 
made the same invention, and each of them has made an application 
for a patent, the right to a patent for that invention shall belong to the 
person whose application has the earliest priority date. 19. Judicial assignment of patent application or patent. IP/NIl/MYS/PI 1 
Page 17 
Where the essential elements of the invention claimed in a patent 
application or patent have been unlawfully derived from an invention 
for which the right to the patent belongs to another person, such other 
person may apply to the Court for an order that the said patent 
application or patent be assigned to him: 
Provided that the Court shall not entertain an application for the 
assignment of a patent after five years from the date of the grant of 
the patent. 
20. Inventions made by an employee or pursuant to a com­
mission. 
(1) In the absence of any provisions to the contrary in any 
contract of employment or for the execution of work, the rights to a 
patent for an invention made in the performance of such contract of 
employment or in the execution of such work shall be deemed to 
accrue to the employer, or the person who commissioned the work, 
as the case may be: 
Provided that where the invention acquires an economic value 
much greater than the parties could reasonably have foreseen at the 
time of concluding the contract of employment or for the execution 
of work, as the case may be, the inventor shall be entitled to equitable 
remuneration which may be fixed by the Court in the absence of 
agreement between the parties. 
(2) Where an employee whose contract of employment does 
not require him to engage in any inventive activity makes, in the 
field of activities of his employer, an invention using data or 
means placed at his disposal by his employer, the right to the 
patent for such invention shall be deemed to accrue to the employer, 
in the absence of any provision to the contrary in the contract of 
employment: 
Provided that the employee shall be entitled to equitable remu­
neration which, in the absence of agreement between the parties, may 
be fixed by the Court taking into account his emoluments, the eco­
nomic value of the invention and any benefit derived from it by the 
employer. 
(3) The rights conferred on the inventor under subsections (1) 
and (2) shall not be restricted by contract. 
21. Inventions by Government employee. 
Notwithstanding the provisions of subsection (3) of section 20, the 
provisions of that section shall apply to a Government employee or 
an employee of a Government organisation or enterprise unless 
otherwise provided by rules or regulations of such Government 
. organisation or enterprise. IP/N/l/MYS/PI1 
Page 18 
22. Joint owners. 
\Vhere the right to obtain a patent is owned jointly, the patent may 
only be applied for jointly by all the joint owners. 
PART VI 
APPLICATION, PROCEDURE FOR GRANT AND DURATION 
23. Requirements of application. 
Every application for the grant of a patent shall comply with 
the regulations as may be prescribed by the Minister under this 
Act. 
23A. Applications by residents to be filed in Malaysia first. 
No person resident in Malaysia shall, without written 
authority granted by the Registrar, file or cause to be filed outside 
Malaysia an application for a patent for an invention unless-
(a) an application for a patent for the same invention hlS 
been filed in the Patent Registration Office not less than 
two months before the application outside Malaysia; and 
(b) either no directions have been issued by the Registrar under 
section 30A in relation to the application or all such direc­
tions have been revoked. 
24. Application fee. 
An application for the grant of a patent shall not be entertained 
unless the prescribed fee has been paid to the Registrar. 
25. Withdrawal of application. 
[Subs. Act An applicant may withdraw his application at any time during its 
A 863 ] pendency by submitting a declaration in the prescribed form to the 
Registrar, and such withdrawal may not be revoked. 
26. Unity of invention. 
An application shall relate to one invention only or to a group of 
inventions so linked as to form a single general inventive concept. 
26A. Amendment of application. 
The applicant may amend the application: 
Provided that the amendment shaH not go beyond the disclosure 
in the initial application. 26B. Division of application. IPlNllIMYS/PIl 
Page 19 
(1) The applicant may within the prescribed time, divide the [Am. Act 
application into two or more applications ("divisional applications"): A863] 
Provided that each divisional application shall not go beyond the 
disclosure in the initial application. 
(2) Each divisional application shall be entitled to the priority 
date of the initial application. 
27. Right of priority. 
(1) An application may contain a declaration claiming the prior- [Am. Act 
ity, pursuant to any international treaty or Convention, of one or 04863] 
more earlier national, regional or international applications filed, 
during the period of twelve months immediately preceding the filing 
date of the application containing the declaration, by the applicant or 
his predecessor in title in or for any party to the said international 
treaty or Convention. 
(1A) The period of twelve months mentioned in subsection (1) [Ins. Act 
may not be extended under the provisions of section 82. A 863J 
(2) Where the application contains a declaration under subsec­
tion (1), the Registrar may require that the applicant furnish, within 
the prescribed time, a copy of the earlier application, certified as 
correct by the office with which it was filed or where the earlier 
application is an international application filed under any interna­
tional treaty, by the International Bureau of the World Intellectual 
Property Organization. 
(3) The effect of the declaration referred to in subsection (1) 
shall be as provided in the treaty or Convention referred to therein. 
(4) Where any of the requirements of this section or any regula­
tions pertaining thereto have not been complied with, the declaration 
referred to in subsection (1) shall be deemed to be invalid. 
27 A. Priority date. [ins. Act 
A 863} (1) Subject to subsection (2), the priority date o(an application 
for a patent is the filing date of the application. . 
(2) Where an application contains the declaration mentioned in 
section 27, the priority date of the application shall be the filing date 
of the earliest application whose priority is claimed in that declara­
tion. 
28. Filing date. 
(1) The Registrar shall record as the filing date the date of receipt 
of the application: 
Provided that the application contains-
(a) the name and address of the applicant; IPINll/MYS/P/J 
Page 20 
(b) the name and address of the inventor; 
(c) a description; 
(d) a claim or claims; and 
(e) that at the time of receipt of the application the prescribed 
fee has been paid. 
(2) Where the Registrar finds that, at the time of receipt of thE' 
application, the provisions of subsection (l) are not fulfilled, he shall 
request the applicant to file the required correction. 
(3) Where the applicant complies with the request referred to in 
subsection (2), the Registrar shall record as the filing date the date of 
receipt of the required correction and where the applicant does not so 
comply, the Registrar shall treat the application as invalid. 
(4) Where the application refers to drawings which in fact are 
not included in the application, the Registrar shall request the 
applicant to furnish the missing drawings. 
(5) Where the applicant complies with the request referred to in 
subsection (4), the Registrar shall record as the filing date the date of 
receipt of the missing drawings and where the applicant does not so 
comply, the Registrar shall record as the filing date the date.of receipt 
of the application and make no reference to the said drawings. 
29. Preliminary examination. 
[Subs. Act (1) Where an application for a patent has a filing date and is not 
A863] withdrawn, the Registrar shall examine the application and deter­
mine whether it complies with the requirements of this Act and the 
regulations made under this Act which are designated by such 
regulations as formal requirements for the purposes of this Act. 
(2) If the Registrar, as a result of the examination under sub­
section (1), finds that not all the formal requirements are complied 
with, he shall give an opportunity to the applicant to make any 
observation on such finding and to amend the application within the 
prescribed period so as to comply with those requirements, and if the 
applicant fails to do so the Registrar may refuse the application. 
29A.Request for substantive examination or modified substan­
tive examination. 
(1) If an application for a patent has been examined under sec­
tion 29 and is not withdrawn or refused, the applicant shall file, 
within the prescribed period, a request for a substantive examination 
of the application. [Ins. Act 
A863] IPlNlIIMYS/P/l 
Page 21 
(2) If a patent or other title of industrial property protection has 
been granted to the applicant or his predecessor in title in a prescribed 
country outside Malaysia or under a prescribed treaty or Convention 
for an invention which is the same or essentially the same as the 
invention claimed in the application, the applicant may, instead of 
requesting for a substantive examination, request for a modified 
substantive examination. 
(3) A request for a substantive examination or a modified sub­
stantive examination shall be made in the prescribed form and shall 
not be deemed to have been filed until the prescribed fee has been 
paid to the Registrar and any other prescribed requirement has been 
complied with. 
(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 docu­
ment 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; 
Cb) any prescribed information concerning the results of any 
search or examination carried out by an International Search­
ing 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-
(a) fails to file either a request under subsection (1) for a 
substantive examination or a request under subsection (2) 
for a modified substantive examination; or 
(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. 
(6) Notwithstanding subsection (5), the Registrar may, upon the 
request of the applicant, grant a deferment of the filing of a request 
for examination referred to in subsection (1) or (2) or a deferment of 
the provision of the information or document referred to in subsec­
tion (4), and such deferment may be granted only on the grounds 
that-
(a) the patent or title referred to in subsection (2) has not been 
granted or is not available; or IP/N/IJMYSJPJl 
Page 22 
(b) the infonnation or document referred to in subsection (4) 
would not be available, 
by the expiration of the prescribed period for the filing of a request 
under subsection (1) or (2). 
(7) No defennent shall be granted under subsection (6) unless 
the request for such defennent is filed before the expiration of the 
prescribed period for the filing of a request under subsection (1) or 
(2) and no defennent may be sought nor granted for a period greater 
than that prescribed in the regulations made under this Act. 
(8) Without prejudice to the power of the Registrar to grant a 
defennent, the period prescribed for the purposes of this section may 
not be extended under the provisions of section 82. 
30. Substantive examination and modified substantive examina­
tion. 
[Subs. Act (1) Where a request for substantive examination has been filed 
A863] under subsection (1) of section 29 A, the Registrar shall refer the 
application to an Examiner who shall-
(a) determine whether the application complies with those re­
quirements of this Act and the regulations made under this 
Act which are designated by such regulations as substantive 
requirements for the purposes of this Act; and 
(b) report his determination to the Registrar. 
(2) Where a request for a modified substantive examination has 
been filed under subsection (2) of section 29A, the Registrar shall 
refer the application to an Examiner who shall-
(a) determine whether the application complies with those re­
quirements of this Act and the regulations made under this 
Act which are designated by such regulations as modified 
substanti ve requirements for the purposes of this Act; and 
(b) report his detennination to the Registrar. 
(3) If the Examiner reports, in accordance with subsection (1) or 
(2), that any of the requirements referred to in subsection (1) or (2), as 
the case may be, are not complied with, the Registrar shall give the 
applicant an opportunity to make observations on the report and to 
amend the application so as to comply with those requirements, 
within the prescribed period, and if the applicant fails to satisfy the 
Registrar that those requirements are complied with, or to amend the 
application so as to comply with them, the Registrar may refuse the 
application. IPlNllIMYS/P/l 
Page 23 
(4) The Registrar may grant an extension of the prescribed pe­
riod referred to in subsection (3) but such extension may be granted 
only once and no subsequent extension may be granted under the 
provisions of section 82. 
(5) If the Examiner reports, in accordance with subsection (1) Of 
(2), that the application, whether as originally filed or as amended, 
complies with the requirements referred to in subsection (1) or (2), as 
the case may be, the Registrar shall notify the applicant of that fact 
and, subject to subsection (6), shall process the application accord­
ingly. 
(6) Where two or more applications for a patent for the same 
invention having the same priority date are filed by the same appli­
cant or his successor in title, the Registrar may on that ground refuse 
to grant a patent in pursuance of more than one of the applications. 
(7) The Registrar may waive, as he deems fit, the requirement of 
referring an application or any part of it for substantive examination 
under subsection (1): 
Provided that he shall notify in the Gazette his intention to waive 
such requirement and shall allow any party who would be aggrieved 
by such waiver to be heard on the matter. 
30A.Prohibition of publication of iruonnation which might be 
prejudicial to the nation. 
(1) Subject to any direction of the Minister, where an application 
for a patent is filed or is deemed to have been filed at the Patent 
Registration Office and it appears to the Registrar that the application 
contains information the publication of which might be prejudicial to 
the interest or security of the nation, he may issue directions prohibit­
ing or restricting the publication of that information or its communi­
cation whether generally or to a particular person or class of persons. 
(2) Subject to any direction by the Minister, the Registrar may 
revoke any direction issued by him under subsection (1) prohibiting 
or restricting the publication or communication of any information 
contained in an application for a patent if he is satisfied that such 
publication or communication is no longer prejudicial to the interest 
or security of the nation. 
(3) Where directions issued by the Registrar under subsection 
Cl) are in force in respect of an application, the application may 
proceed to the stage where it is in order for the grant of a patent but no 
patent shall be granted in pursuance of such application. 
(4) Nothing in this section prevents the disclosure of information 
concerning an invention to a Ministry or a Government department 
or authority for the purpose of obtaining advice as to whether direc­
tions under this section should be made, amended or revoked. IP/NI1/MYS/P/I 
Page 24 
{Ins. Act 
A863] 31. G:rant of patent. 
(1) The grant of a patent shall not be refused and a patent shall 
not be invalidated on the ground that the performance of any act in 
respect of the claimed invention is prohibited by any law or regula­
tion, except where the performance of that act would be contrary to 
public order. 
(2) Where the Registrar is satisfied that the application complies 
with sections 23, 29 and 30, he shall grant the patent and shall 
forthwith-
(a) issue to the applicant a certificate of grant ofthe patent and a 
copy of the patent together with a copy of the Examiner's 
final report; and 
(b) record the patent in the Register. 
(2A) Where two or more persons have separately and indepen­
dently made the same invention and each of them has made an 
application for a patent having the same priority date, a patent may be 
granted on each application. 
(3) As soon as possible thereafter the Registrar shall-
(a) cause to be published in the Gazette a reference to the grant 
of the patent; and 
(b) make available to the public, on payment of the prescribed 
fee, copies of the patent. 
(4) The patent shall be deemed to be granted on the date that the 
Registrar performs the acts referred to in subsection (2). 
32. Registe:r of Patents. 
(1) The Registrar shall keep and maintain a register called the [Subs. Act 
Register of Patents. A863] 
(2) The Register of Patents shall contain an such matters and 
particulars relating to patents as may be prescribed. 
(3) The Register of Patents shall be kept in such form and on 
such medium as may be prescribed. 
32A. Notice of a trust not to be :registe:red. [IllS. Act 
Notice of a trust, express, implied or constructive, shall not be A 863} 
entered in the Register or be accepted by the Registrar. 
33. Examination of Register and ce:rtified copies. 
Any person may examine the Register and may obtain certified 
extracts therefrom on payment of the prescribed fee. [Ills. Act 
A863] IPlN/]/MYSIP/1 
Page 25 
33A. Certified copies of or extracts from Register~ etc. admissible 
as evidence in court. 
(1) The Register shall be prima facie evidence of all matters 
required or authorized by this Act to be entered therein. 
(2) Copies of or extracts from the Register, or of or from any 
document or publication in the Patent Registration Office, if certified 
by the Registrar in writing under his hand, shall be admissible in 
evidence in all courts without further proof or production of the 
original. 
33B. Amendments to the Register. 
(1) The Registrar may, on request made in the prescribed man­
ner by the owner of a patent, amend the Register-
Ca) by correcting any error in the name or address of the owner 
of the patent; or 
Cb) by entering any change in the name or address of the owner 
of the patent. 
(2) Where the Register has been amended under this section, the 
Registrar may require the certificate of grant of the patent to be 
submitted to him, and may-
(a) revoke the certificate of grant of the patent and issue a new 
certificate of grant of the patent; or 
(b) make any consequential amendments in the certificate of 
grant of the patent as are rendered necessary by the amend­
ment of the Register. 
(3) Notwithstanding any other provision of this Act or the regu­
lations made under this Act, no fee shall be payable by the owner of a 
patent in respect of a request to correct any error in the name or 
address of such owner unless such error is caused or contributed to 
by such owner. 
33c. Court may order rectification of the Register. 
(1) The Court may, on the application of any aggrieved person, 
order the rectification of the Register by directing-
(a) the making of any entry wrongly omitted from the Register; 
(b) the expunging or amendment of any entry wrongly made in 
or remaining in the Register; or 
( c) the correcting of any error or defect in the Register. 
(2) Notice of every application under this section shall be served 
on the Registrar who shall have the right to appear and be heard, and 
who shall appear if so directed by the Court. [Ills. Act 
A863] 
[IllS. Act 
A 863] IP/Nl1/MYS/P/l 
Page 26 
(3) Unless otherwise directed by the Court, the Registrar, in lieu 
of appearing and being heard, may submit to the Court a statement in 
writing signed by him-
(a) giving particulars in relation to the matter in issue~ 
(b) of the grounds of any decision given by him affecting the 
matter in issue; 
(c) of the practice of the Patent Registration Office in like 
cases; or 
(d) of such other matters relevant to the issues and within his 
knowledge as Registrar, as he thinks fit, 
and such statement shall be deemed to form part of the evidence in 
Court. 
(4) A sealed copy of an order under this section shall be served 
on the Registrar who shall, upon receipt of the order, take such steps 
as are necessary to give effect to the order. 
34. Inspection of files. 
(1) Any person may, after the grant of a patent, inspect the file 
relating to the patent and, subject to subsection (2), the file relating to 
any patent application, and may obtain certified extracts therefrom 
on payment of the prescribed fee. 
(2) The file relating to a patent application may be inspected 
before the grant of the patent only with the written permission of the 
applicant: 
Provided that before the grant of the patent, the Registrar may 
divulge the following information to any person: 
(a) the name, address and description of the applicant and the 
name and address of the agent, if any~ 
(b) the number of the application; 
(c) the filing date of the application and, if priority is claimed, 
the priority date, the number of the earlier application and 
the name of the State in which the earlier application was 
filed or where the earlier application is a regional or an 
international application, the name of the country or coun­
tries for which and the office at which it was filed; 
(d) the title of the invention; 
(e) any change in the ownership of the application and any 
reference to a licence contract appearing in the file relating 
to the application. [Ins. Act 
A 863] 
[Ins. Act 
A863] IPIN/JIMYS/PI 1 
Page 27 
(3) No person employed in or at the Patent Registration Office Of 
the office of any examiner may make a patent application or be 
QTanted a patent or acquire or hold in any manner whatever any rights 
~elating to a patent during the period of his employment in or at the 
Patent Registration Office or the office of any examiner and for one 
year after the termination of such employment. 
35. Duration of patent. 
(1) Subject and without prejudice to the other provisions ?f 
this Act, a patent shall expire fifteen years after the date of Its 
grant. 
(2) Where a patentee intends at the expiration of the second year 
from the date of grant of the patent to keep the same in force he shall, 
twelve months before the date of expiration of the second and each 
succeeding year during the term of the patent, pay the prescribed 
annual fee: 
Provided, however, that a period of grace of six months shall be 
allowed after the date of such expiration, upon payment of such 
surcharge as may be prescribed. 
(3) If the prescribed annual fee is not paid in accordance with 
subsection (2), the patent shall lapse, and a notice of the lapsing of the 
patent for non-payment of any annual fee shall be published in the 
Gazette. 
35A. Reinstatement of a lapsed patent. 
(1) Within two years from the date on which a notice of the 
lapsing of a patent is published in the Gazette-
(a) the owner of the patent or his successor in title; or 
(b) any other person who would, if the patent had not lapsed, 
have been entitled to the patent, 
may apply to the Registrar in the prescribed form to have the patent 
reinstated. 
(2) The Registrar may reinstate a patent on an application made 
under subsection (1)-
(a) upon payment of all annual fees due and of a prescribed 
surcharge for reinstatement; and 
(b) upon being satisfied that the non-payment of annual fees 
was due to accident, mistake or other unforeseeable circum­
stances. 
(3) Where the Registrar reinstates a lapsed patent, he shall cause 
notice of the reinstatement to be published in the Gazette. IP/N/lIMYS/PIl 
Page 28 
(4) The reinstatement of a lapsed patent shall not prejudice the 
rights acquired by third parties after it is notified in the Gazette that 
the patent has lapsed and before it is notified in the Gazette that the 
patent has been reinstated. 
(5) The Minister may make regulations to provide for the protec­
tion or compensation of persons who have exploited or taken definite 
steps, by contract or otherwise, to exploit a patent after it is notified in 
the Gazette that the patent has lapsed and before It is notified in the 
Gazette that the patent has been reinstated, but any such protection 
shall not extend beyond such exploitation of the lapsed patent as such 
persons have availed themselves of or have taken definite steps to 
avail themselves of. 
(6) No proceedings shall be taken in respect of an infringement 
of a patent committed after it is notified in the Gazette that the patent 
has lapsed and before it is notified in the Gazette that the patent has 
been reinstated. 
PART VII 
RIGHTS OF OWNER OF PATENT 
36. Right~ of owner of patent. 
(l) Subject and without prejudice to the other provisions of this 
Part, the owner of a patent shall have the following exclusive rights in 
relation to the patent 
(a) to exploit the patented invention; 
(b) to assign or transmit the patent; 
(c) to conclude licence contracts. 
(2) No person shall do any of the acts referred to in subsection 
(1) without the consent of the owner of the patent 
(3) For the purpose of this Part, "exploitation" of a patented 
invention means any of the following acts in relation to a patent 
(a) when the patent has been granted in respect of a product: 
(i) making, importing. offering for sale. selling or using 
the product; 
(ii) stocking such product for the purpose of offering for 
sale, selling or using; 
(b) when the patent has been granted in respect of a process: 
(i) using the process; 
(H) doing any of the acts referred in paragraph Ca), in 
respect of a product obtained directly by means of the 
process. fP/N/IIMYS/PIl 
Page 29 
(4) For the purposes of this section, if the patent has been granted 
in respect of a process for obtaining a product, the same product 
produced by a person other than the owner of the patent or his 
licensee shall, unless the contrary is proved, be taken in any proceed­
ings to have been obtained by that process. 
37. Limitation of rights. 
(l) The rights under the patent shall extend only to acts done for 
industrial or commercial purposes and in particular not to acts done 
only for scientific research. 
(2) The rights under the patent shall not extend to acts in respect 
of products which have been put on the market-
(i) by the owner of the patent; 
(ii) by a person having the right referred to in section 38; 
(iii) by a person having the right referred to in section 43; 
(iv) by the beneficiary of a compulsory licence within the mean­
ing of section 48. 
(3) The rights under the patent shall not extend to the use of the 
patented invention on any foreign vessel, aircraft, spacecraft or land 
vehicle temporarily in Malaysia. 
(4) The rights under the patent shall be limited in duration as 
provided for in section 35. 
(5) The rights under the patent shall be limited by the provisions 
of section 35A, by the provisions on compulsory licences as provided 
in sections 51 and 52 and by the provisions on the rights of Govern­
ment or any person authorised by the Government as provided in 
section 84. 
38. Rights derived from prior manufacture or use. 
(1) Where a person at the priority date of the patent applica­
tion-
(a) was in good faith in Malaysia making the product or using 
the process which is the subject of the invention claimed in 
the application; 
(b) had in good faith in Malaysia made serious preparations 
towards the making of the product or using the process 
referred to in paragraph (a), 
he shall have the right, despite the grant of the patent, to exploit 
patented invention: IPlNlllMYS/P/l 
Page 30 
Provided that the product in question is made, or the process in 
question is used, by the said person in Malaysia: 
Provided further that he can prove, if the invention was disclosed 
under the circumstances referred to in paragraphs (a), (b) or (c) of 
subsection (3) of section 14 that his know ledge of the invention was 
not a result of such disclosure. 
(2) The right referred to in subsection (1) shall not be assigned or 
transmitted except as part of the business of the person concerned. 
PART VIII 
ASSIGNMENT AND TRANSMISSION OF PATENT 
APPLICATIONS AND PATENTS 
39. Assignment and transmission of patent applications and pat­
ents. 
(1) A patent application or patent may be assigned or trans­
mitted. 
(2) Any person becoming entitled by assignment or transmission 
to a patent application or patent may apply to the Registrar in the 
prescribed manner to have such assignment or transmission recorded 
in the Register. 
(3) No such assignment or transmission shall be recorded in the 
Register unless-
(a) the prescribed fee has been paid to the Registrar; 
(b) in the case of an assignment, it is in writing signed by or on 
behalf of the contracting parties. 
(4) No such assignment or transmission shall have effect against 
third parties unless so recorded in the Register. 
40. Joint ownership of patent applications or patents. 
In the absence of any agreement to the contrary between the 
parties, joint owners of a patent application or patent may, separately, 
assign or transmit their rights in the patent application or patent, 
exploit the patented invention and take action against any person 
exploiting the patented invention without their consent, but may only 
jointly withdraw the patent application, surrender the patent or con­
clude a licence contract. PART IX 
LICENCE CONTRACTS 
41. Meaning of licence cont:ract. I P!NII1MYS!PIl 
Page 31 
(1) For the purposes of this Pmt, a "licence contract" means any 
contract by which the owner of a patent (the "licensor") grants to 
another person or enterprise (the "licensee") a licence to do any or all 
of the acts referred to in paragraph (a) of subsection (1), and subsec­
tion (3), of section 36. 
(2) A licence contract shall be in writing signed by or on behalf 
of the contracting parties, 
42. Ent:ry in the Registe:r. 
(1) A licensor may in accordance with the regulations as pre­
scribed by the Minister apply to the Registrar for an entry to be made 
in the Register to the effect that any person may obtain a licence. 
(2) At any time after an entry has been made in the Register, any 
person may apply to the licensor through the Registrar for a licence. 
(3) Where a licence contract is concluded between the parties, 
the contracting parties shall inform the Registrar accordingly and the 
Registrar shall record such fact in the Register. 
(4) Upon a request in writing signed by or on behalf of the 
contracting parties, the Registrar shall, on payment of the prescribed 
fee, record in the Register such particulars relating to the contract as 
the parties thereto might wish to have recorded: 
Provided that the parties shall not be required to disclose or have 
recorded any other particulars relating to the said contract. 
(5) Where a licence contract is terminated, the contracting par­
ties shall inform the Registrar of the termination and the Registrar 
shall record such termination in the Register. 
(6) The licensor may in accordance with the regulations as pre­
scribed by the Minister apply to the Registrar for the cancellation of 
the entry made under subsection (1). 
43. Rights of the licensee. 
(1) In the absence of lliiy provision to the contrruy in the licence 
contract, the licensee shall be entitled to do any or all of the acts 
referred to in paragraph (a) of subsection (1), and subsection (3), 
of section 36 within the whole geographical area of Malaysia 
without limitation as to time and through any application of the 
invention. I P/NI lIMYS/P/1 
Page 32 
(2) In the absence of any provision to the contrary in the licence 
contract, the licensee may not give to a third person his agreement to 
perfonn in Malaysia in respect of the invention any of the acts, 
referred to in paragraph (a) of subsection 0), and subsection (3), of 
section 36. 
44. Rights of the licensor. 
(l) In the absence of any provision to the contrary in the licence 
contract, the licensor may grant a further licence to a third person in 
respect of the same patent or himself do any or all of the acts referred 
to in paragraph Ca) of subsection 0), and subsection (3), of section 
36. 
(2) Where the licence contract provides that the licence is 
exclusive and unless it is expressly provided otherwise in such 
contract, the licensor shall not grant a further licence to a third 
person in respect of the same patent or himself do any of the acts 
referred to in paragraph (a) of subsection (1), and subsection (3), of 
section '36. 
45. Invalid clauses in licence cont.racts. 
Any clause or condition in a licence contract shall be invalid in so 
far as it imposes upon the licensee, in the industrial or commercial 
field, restrictions not derived from the rights conferred by this Part on 
the owner of the patent, or unnecessary for the safeguarding of such 
rights: 
Provided that-
(a) restrictions concerning the scope, extent or duration of ex­
ploitation of the patented invention, or the geographical 
area in, or the quality or quantity of the products in connec­
tion with, which the patented invention may be exploited; 
and 
(b) obligations imposed upon the licensee to abstain from all 
acts capable of prejudicing the validity of the patent, 
shall not be deemed to constitute such restrictions. 
46. Effect of patent application not being granted or patent 
being declared invalid. 
Where, before the expiration of the licence contract, any of the 
following events occur in respect of the patent application or patent 
referred to in such contract: 
(a) the patent application is withdrawn; 
(b) the patent application is finally rejected; 
(c) the patent is surrendered; (d) the patent is declared invalid; 
(e) the licence contract is invalidated, IP/N/IIMYS/P/I 
Page 33 
the licensee shall no longer be required to make any payment to the. 
licensor under the licence contract, and shall be entitled to repayment 
of the payment already made: 
Provided that the licensor shall not be required to make any 
repayment, or shall be required to make repayment only in part, to 
the extent that he can prove that any such repayment would be 
inequitable under all the circumstances, in particular if the licensee 
has effectively profited from the licence. 
47. Expiry, termination or invalidation of licence contract. 
The Registrar shall-
(a) if he is satisfied that a recorded licence contract has expired 
or been terminated, record that fact in the Register upon a 
request in writing to that effect signed by or on behalf of the 
parties thereto; 
Cb) record in the Register the expiry, termination or invalida­
tion of a licence contract under any provision of this Part. 
48. Definition. PART X 
COMPULSORY LICENCES 
For the purpose of this Part-
"beneficiary of the compulsory licence" means the person to 
whom a compulsory licence has been granted in accordance with this 
Part; and 
"compulsory licence" means the authorisation to perform in Ma­
laysia without the agreement of the owner of the patent in respect of 
the patented invention any of the acts referred to in paragraph (a) of 
subsection (1), and subsection (3), of section 36. 
49. Application for compulsory licences. 
(1) At any time after the expiration of three years from the grant 
of a patent, any person may apply to the Registrar for a compulsory 
licence if it appears at the time when such application is filed-
(a) that there is no production of the patented product or appli­
cation of the patented process without any legitimate rea­
son; IPlN/1/MYS/P/1 
Page 34 
(b) that there is no product produced under the patent for sale 
in any domestic market, or there are some but they are sold 
at unreasonably high prices or do not meet the public 
demand without any legitimate reason. 
(2) The application for a compulsory licence shall be in compli­
ance with the regulations as may be prescribed by the Minister. 
49A.Application for compulsory licence based on inter-depen~ 
dence of patents. 
(1) If the invention claimed in a patent ("later patent") cannot be 
worked in Malaysia without infringing a patent granted on the basis 
of an application benefiting from an earlier priority date ("earlier 
patent"), and if the invention claimed in the later patent constitutes, in 
the opinion of the Board, an important technical advance in relation 
to the invention claimed in the earlier patent, the Board, upon the 
request of the owner of the later patent, the licensee of a licence 
contract under the later patent or the beneficiary of a compulsory 
licence under the later patent, may grant a compulsory licence to the 
extent necessary to avoid infringement of the earlier patent. 
(2) If a compulsory licence is granted under subsection (l), the 
Board, upon the request of the owner of the earlier patent, the 
licensee of a licence contract under the earlier patent or the benefi­
ciary of a compulsory licence under the earlier patent, may grant a 
compulsory licence under the later patent. 
50. Request for grant of compu.lsory licence. 
(1) an application for a compulsory licence under section 49 
or section 49 A, the applicant shall set forth the amount of royalty, the 
conditions of the exploitation of the patent and the restrictions of the 
rights of the licensor or the licensee, as the case may be, and a request 
for the said licence. 
(2) Where an application for a compulsory licence is filed pursu­
ant to section 49 or section 49A, and this section, the Registrar shall 
notify the applicant, the licensor or the licensee, as the case may be, 
of the date the application shall be considered by the Board. 
(3) The licensor or the licensee, as the case may be, shall be 
furnished with a copy of the application as mentioned in subsection 
(1), 
51. Decision by the Board. 
(1) In considering the application for a compulsory licence under 
section 49 or section 49A, the Board may require the applicant, the 
licensor or the licensee, at the case may be, to appear before the 
Board to give a statement or to hand to the Board any document or 
any other item. IP/N/lIMYS/PIl 
Page 35 
(2) When the application has been considered by the Board and a 
decision has been made, the applicant, the licensor or the licensee, as 
the case may be, shall be notified of the decision. 
52. Scope of compulsory licence. 
Upon the granting of the compulsory licence to the applicant the 
Board shall fix-
(a) the scope of the licence specifying in particular for what 
pedod the licence is granted and to which of the acts re­
ferred to in paragraph (a) of subsection (1), and subsection 
(3), of section 36 the licence extends except that it may not 
extend to the act of importation; 
(b) the time limit within which the beneficiary of the compul­
sory licence shall begin to work the patented invention in 
Malaysia; and 
(c) the amount and conditions of the royalty due from the 
beneficiary of the compUlsory licence to the owner of the 
patent. 
53. Limitation of compulsory licence. 
The beneficiary of the compulsory licence shall not conclude 
licence contracts with third persons under the patent in respect of 
which the compulsory licence was granted. 
54. Amendment, cancellation and surrender of compulsory 
licence. 
(1) Upon the request of the owner of the patent or of the benefi­
ciary of the compulsory licence, the Board may amend the decision 
granting the compUlsory licence to the extent that new facts justify 
such amendment. 
(2) Upon the request of the owner of the patent, the Board shall 
cancel the compulsory licence-
(a) if the ground for the grant of the compulsory licence no 
longer exists; 
(b) if the beneficiary of the compulsory licence has, within the 
time limit fixed in the decision granting the licence, neither 
begun the working of the patented invention in Malaysia 
nor made sedous preparations towards such working; 
(c) if the beneficiary of the compulsory licence does not respect 
the scope of the licence as fixed in the decision granting the 
1icence~ 
(d) if the beneficiary of the compulsory licence is in arrears of 
the payment due, according to the decision granting the 
licence. IP/N/l/MYS!P!l 
Page 36 
[Ins. Act 
A648] (3) The beneficiary of the compulsory licence may surrender the 
licence by a written declaration submitted to the Registrar who shall 
record the surrender in the Register, publish it, and notify the owner 
of the patent. 
(3A) Where a compulsory licence has been granted in respect of a 
patent, the Registrar shall not accept or record the said surrender 
except upon receipt of a signed declaration by which the beneficiary 
of the compulsory licence consents to the said surrender. 
(4) The surrender shall take effect from the date the Patent 
Registration Office receives the declaration of the surrender. 
PART XI 
SURRENDER AND INV ALIDA DON OF PATE~l 
55. Surrender of patent. 
(1) The owner of the patent may surrender the patent by a written 
declaration submitted to the Registrar. 
(2) The surrender may be limited to one or more claims of the 
patent. 
(3) Where a licence contract in respect of a patent is recorded in 
the Register, the Registrar shall not, in the absence of any provision 
to the contrary in the licence contract, accept or record the said 
surrender except upon receipt of a signed declaration by which every 
licensee or sub-licensee on record consents to the said surrender 
unless the requirement of his consent is expressly waived in the 
licence contract. 
(3A) Where a compulsory licence has been granted in respect of a 
patent, the Registrar shall not accept or record the said surrender 
except upon receipt of a signed declaration by which the beneficiary 
of the compulsory licence consents to the said surrender. 
(4) The Registrar shall record the surrender in the Register and 
cause it to be published the Gazette. 
(5) The surrender shall take effect from the date the Registrar 
receives the declaration. 
56. Invalidation of patent. 
(1) Any aggrieved person may institute Court proceedings against 
the owner of the patent for the invalidation of the patent. 
(2) The Court shall invalidate the patent if the person requesting 
the invalidation proves-{Ins. Act 
A 863J 
{Ins. Act 
A863J IPlNllIMYS/P/l 
Page 37 
(a) that what is claimed as an invention in the patent is not an 
invention within the meaning of section 12 or is excluded 
from protection under section 13 or subsection (1) of 
section 31 or is not patentable because it does not comply 
with the requirements of sections 11, 14, 15 and 16; 
(b) that the description or the claim does not comply with the 
requirements of section 23~ 
(c) that any drawings which are necessary for the understand­
ing of the claimed invention have not been furnished; 
(d) that the right to the patent does not belong to the person to 
whom the patent was granted~ or 
(e) that incomplete or incorrect information has been deliber­
ately provided or caused to be provided to the Registrar 
under subsection (4) of section 29A by the person to whom 
the patent was granted or by his agent 
(2A) Notwithstanding subsection (2), the Court shall not invali­
date the patent on the ground mentioned in paragraph (d) of subsec-
tion (2) if the patent has been assigned to the person to whom the 
right to the patent belongs. 
(3) Where the provisions of subsection (1) apply on only some 
of the claims or some parts of a claim, such claims or parts of a claim 
may be declared invalid by the Court and the invalidity of part of a 
claim shall be declared in the form of a corresponding limitation of 
the claim in question. 
57. Date and effect of invalidation. 
(1) Any invalidated patent or claim or part of a claim shall be 
regarded as null and void from the date of the grant of the patent 
(2) When the decision of the Court becomes final, the Registrar 
of the Court shall notify the Registrar who shall record the said 
declaration in the Register and cause it to be published in the Gazette. 
PART XII 
INFRINGEMENT 
580 Acts deemed to be infringement. 
Subject to subsections (1), (2) and (3) of section 37 and section 38, 
an infringement of a patent shall consist of the performance of any 
act referred to in subsection (3) of section 36 in Malaysia by a person 
other than the o:wner of the patent and without the agreement of the 
latter in relation to a product Of a process falling within the scope of 
protection of the patent. IP/N/J/MYS/PIl 
Page 38 
59. Infringement proceedings. 
(1) Th~· owner of the patent shall have the right to institute Court 
proceedings against any person who has infringed or is infringing the 
patent. 
(2) The owner of the patent shall have the same right against any 
person who has performed acts which make it likely that an infringe­
ment will occur, which in this Part is referred to as an "imminent 
infringement" . 
(3) The proceedings in subsections (1) and (2) may not be insti­
tuted after five years from the act of infringement. 
60. Injunction and award of damages. 
(1) If the owner of the patent proves that an infringement has 
been committed or is being committed, the Court shall award dam-
ages and shall grant an injunction to prevent further infringement and 
any other legal remedy. 
(2) If the owner of the patent proves imminent infringement the 
Court shall grant an injunction to prevent infringement and any other 
legal remedy. 
(3) The defendant in any proceedings referred to in this section 
may request in the same proceedings the invalidation of the patent, in 
which case the provisions of subsections (2) and (3) of section 56 
shall apply. 
61. Infringement proceedings by licensee and beneficiary of com~ 
prusory licence. 
(1) For the purposes of this section, "beneficiary" means-
(a) any licensee unless the licence contract provides that the 
provisions of this subsection do not apply or provides dif­
ferent provisions; 
(b) the beneficiary of a compulsory licence granted under sec­
tion 51. 
(2) Any beneficiary may request the owner of the patent to 
institute Court proceedings for any infringement indicated by the 
beneficiary, who shall specify the relief desired. 
(3) The beneficiary may, if he proves that the owner of the patent 
received the request but refuses or fails to institute the proceedings 
within three months from the receipt of the request, institute the 
proceedings in his own name, after notifying the owner of the patent 
of his intention but the owner shall have the right to join in the 
proceedings, (4) Notwithstanding that the three-month period referred to in 
subsection (3) has not been satisfied, the Court shall, on the request 
of the beneficiary, grant an appropriate injunction to prevent in­
fringement or to prohibit its continuation, if the beneficiary proves 
that immediate action is necessary to avoid substantial damage. 
62. Declaration of non-infringement. 
(1) Subject to subsection (4), any interested person shall have the 
right to request, by instituting proceedings against the owner of the 
patent, that the Court declare that the performance of a specific act 
does not constitute an infringement of the patent. 
(2) If the person making the request proves that the act in ques­
tion does not constitute an infringement of the patent, the Court shall 
grant the declaration of non-infringement. 
(3) (a) The owner of the patent shall have the obligation to 
notify the licensee of the proceedings and the licensee shall have the 
right to join in the proceedings in the absence of any provision to the 
contrary in the licence contract. 
(b) The person requesting the declaration of non-infringement 
shall have the obligation to notify the beneficiaries of the compulsory 
licence granted under section 51 of the proceedings and the said 
beneficiaries shall have the right to join in the proceedings. 
(4) If the act in question is already the subject of infringement 
proceedings, the defendant in the infringement proceedings may not 
institute proceedings for a declaration of non-infringement. 
(5) Proceedings for a declaration of non-infringement may be 
instituted together with proceedings to invalidate the patent, except 
where invalidation of the patent is requested under subsection (3) of 
section 60. 
62A. Applications in contravention of section 23A. 
Any person who files or causes to be filed an application for a 
patent in contravention of section 23A commits an offence and is 
liable on conviction to a fine not exceeding fifteen thousand ringgit 
or to imprisonment for a term not exceeding two years or to both. 
6213. Publication of information in contravention of Registrar9s 
directions. 
Any person who publishes or communicates information in con­
travention of any direction issued by the Registrar under section 30A 
commits an offence and is liable on conviction to a fine not exceed­
ing fifteen thousand ringgit or to imprisonment for a term not exceed­
ing two years or to both. IMYS/PI1 
Page 39 IP/N/J/MYS/PI1 
Page 40 
PARTXIU 
OFFENCES 
63. Falsification of Register, etc. 
Any person who makes or causes to be made a false entry in any 
Register kept under this Act, or makes or causes to be made a writing 
falsely purporting to be a copy or reproduction of an entry in any 
such Register, or produces or tenders or causes to be produced or 
tendered in evidence any such false writing, commits an offence and 
is liable on conviction to a fine not exceeding fifteen thousand 
ringgit or to imprisonment for a term not exceeding two years or to 
both. 
64. Unauthorised claim or patent. 
(1) Any person who falsely represents that anything disposed of 
by him for value is a patented product or process commits an offence 
and, subject to the following provisions of this section, is liable on 
conviction to a fine not exceeding fifteen thousand ringgit or to 
imprisonment for a term not exceeding two years or to both. 
(2) For the purposes of subsection (l), a person who for value 
disposes of an article having stamped, engraved or impressed on it or 
otherwise applied to it the word "patent" or "patented" or anything 
expressing or implying that the article is a patented product, shall be 
taken to represent that the article is a patented product. 
(3) Subsection (1) does not apply where the representation is 
made in respect of a product after the patent for that product or, as the 
case may be, the process in question has, expired or been invalidated 
and before the end of a period which is reasonably sufficient to 
enable that person to take steps to ensure that the representation is not 
made or does not continue to be made. 
(4) In proceedings for an offence under this section, it shall be a 
defence for any person to prove that he used due diligence to prevent 
the commission of the offence. 
65. Unauthorised claim that patent has been applied for. 
(1) Any person who represents that a patent has been applied for 
in respect of any article disposed of for value by him and-
(a) no such application has been made, or 
(b) any such application has been refused or withdrawn, 
commits an offence and, subject to the following provisions of this 
section, is liable on conviction to a fine not exceeding fifteen thou­
sand ringgit or to imprisonment for a terrri not exceeding two years or 
to both. [PINIl/MYS/PIl 
Page 41 
(2) Paragraph (b) of subsection (1) does not apply where the 
representation is made or continues to be made before the expiry of a 
period which commences with the refusal or withdrawal and which 
is reasonably sufficient to enable that person to take steps to ensure 
that the representation is not made or does not continue to be made. 
(3) For the purposes of subsection (1), a person who for value 
disposes of an article having stamped, engraved or impressed on it or 
otherwise applied to it the words "patent pending", or anything 
expressing or implying that a patent has been applied for in respect of 
the article, shall be taken to represent that a patent has been applied 
for in respect of the article. 
(4) In any proceedings for an offence under this section, it shall 
be a defence for any person to prove that he used due diligence to 
prevent the commission of the offence. 
66. Misuse of title "Patent Registration Office". 
Any person who uses on his place of business or any document 
issued by him or otherwise, the words ·'Patent Registration Office" or 
any other words suggesting that his place of business is, or is 
officially connected with, the Patent Registration Office commits 
an offence and is liable on conviction to a fine not exceeding fifteen 
thousand ringgit or to imprisonment for a term not exceeding two 
years or to both. 
66A. Unregistered persons practising, etc., as a patent agent. 
Any person who carries on business, practises, acts, describes 
himself, holds himself out, or permits himself to be described or held 
out, as a patent agent without being registered under this Act com­
mits an offence and is liable on conviction to a fine not exceeding 
fifteen thousand ringgit or to imprisonment for a term not exceeding 
two years or to both. 
67. Offences by corporation. 
(1) Where an offence under this Act which has been committed 
by a body corporate is proved to have been committed with the 
consent or connivance of, or to be attributable to any neglect on the 
part of a director, manager, secretary or other similar offi~er of the 
body corporate, or any person who was purporting to act in any such 
capacity, he, as well as the body corporate, commits that offence and 
is liable to be prosecuted against and punished accordingly as pro­
vided by the Act. 
(2) Where the affairs of a body corporate are managed by its 
members, subsection (1) shall apply in relation to the acts and 
defaults of a member in connection with his functions of manage­
ment as if he was a director of a body corporate. IP/N/1/MYS/P/l 
Page 42 
PART XlV 
POWERS RELATING TO ENFORCEMENT 
68. Authorization of officer to exe:rcise powe:rs unde:r this Part. 
(1) The Minister may authorize in writing any public officer to 
exercise the powers under this Part. 
(2) Any such officer shall be deemed to be a public servant 
wi thin the meaning of the Penal Code. 
(3) In exercising any of the powers under this Part, an officer 
shall on demand produce to the person against whom he is acting 
under this Act the authority issued to him by the Minister. 
69. Powe:rs of a:r:rest. 
(1) Any authorized officer or police officer may arrest without 
warrant any person whom he sees or finds committing or attempting 
to commit or abetting the commission of an offence or whom he 
reasonably suspects of being engaged in committing or attempting to 
commit or abetting the commission of any offence against this Act if 
such person refuses or fails to furnish his name and residence or there 
are reasonable grounds for believing that he has furnished a false 
name or residence or that he is likely to abscond. 
(2) Any authorized officer or police officer making an arrest 
without warrant shall, without unnecessary delay, bring the person 
arrested to the nearest police station. 
(3) No person who has been arrested by an authorized officer or 
police officer shall be released except on his own bond or on bailor 
on the special order in writing of a Magistrate. 
70. Sea:rch with wa:rrant. 
0) Whenever it appears to any Magistrate upon written informa­
tion on oath and after any enquiry which he may think necessary that 
there is reasonable cause to believe that in any dwelling house, shop, 
building or place there is being committed an offence against this 
Act, or any regulations made thereunder, he may issue a warrant 
authorizing any authorized officer or police officer named therein, by 
day or night and with or without assistance to enter the dwelling 
house, shop, building or place and there search for and seize or take 
copies of all books, accounts, documents or other articles which 
contain or are suspected to contain information as to any offence so 
suspected to have been committed or any other thing relating to the 
offence. 
(2) Any such officer may if it is necessary so to do-TP/N/1/MYS/PI1 
Page 43 
(a) break open any outer or inner door of the dwelling house, 
shop, building or place, and enter thereinto; 
(b) forcibly enter the dwelling house, shop, building or place 
and every part thereof; 
Cc) remove by force any obstruction to enter, search, seize and 
remove as he is empowered to effect; and 
(d) detain every person found therein until the dwelling house, 
shop, building or place has been searched. 
71. List of things seized. 
The authorized officer or police officer seizing any books, ac­
counts, documents or other articles under this Part shall prepare a list 
of the things seized and forthwith deliver a copy signed by him to the 
occupier or his agents or servants present in the premises. 
72. Return of things seized. 
Where under this Part possession has been taken of any books, 
accounts, documents or other articles, then the authorized officer or 
police officer shall within four weeks of the seizure, where no 
criminal proceedings have been instituted, restore possession to the 
owner. 
73. Power of investigation. 
(1) An authorized officer or police officer shall have the power 
to investigate the commission of any offence under this Act or 
regulations made thereunder. 
(2) Every person required by an authorized officer or police 
officer-to give information or produce any book, account, document 
or other article relating to the commission of such offence which it is 
in the person's power to give shall be legally bound to give the 
information or to produce the book, account, document or other 
article. 
74. Examination of witnesses. 
(1) An authorized officer or police officer making an investiga­
tion under section 73 may examine orally any person supposed to be 
acquainted with the facts and circumstances of the case and shall 
reduce into writing any statement made by the person so examined. 
(2) Such person shall be bound to answer all questions relating to 
such case put to him by such officer: 
Provided that such person may refuse to answer any question the 
answer to which have a tendency to expose him to a criminal charge 
or penalty or forfeiture. lP/Nil 
Page 44 
(3) A person making a statement under this section shall be 
legally bound to state the truth, whether or not such statement is 
made wholly or partly in answer to questions. 
(4) An authorized officer or police officer examining a person 
under subsection (1) shall first inform that person of the provisions of 
subsections (2) and (3). 
(5) A statement made by any person under this section whether 
or not a caution has been administered to him under section 75 shall, 
whenever possible, be reduced into writing and signed by the person 
making it or affixed with his thumb-print, as the case may be, after it 
has been read to him in the language in which he made it and after he 
has been given an opportunity to make any correction he may wish. 
75. Admission of statements in evidence. 
Where any person is charged with any offence under this Act or 
any regulations made thereunder, any statement whether the state­
ment amounts to a confession or not or is oral or in writing, made at 
any time, whether before or after the person is charged and whether 
in the course of investigations made under section 74 or not and 
whether or not wholly or partly in answer to questions by that person 
to or in the hearing of any authorized officer or police officer of or 
above the rank of Inspector and whether or not interpreted to him by 
another authorized officer, police officer or other person, shall be 
admissible in evidence at his trial and, if the person charged tenders 
himself as a witness, any such statement may be used in cross­
examination and for the purpose of impeaching his credit: 
Provided that-
(a) no such statement shall be admissible or used as afore­
said-' 
(i) if the making of the statement appears to the Court to 
have been caused by any inducement, threat or prom­
ise having reference to the charge proceeding from a 
person in authority and sufficient in the opinion of the 
Court to give the person charged grounds which would 
appear to him reasonable for supposing that by mak­
ing it he would gain any advantage or avoid any evil of 
a temporal nature in references to the proceedings 
against him; or 
(ii) in the case of a statement made by the person after his 
arrest, unless the Court is satisfied that a caution was 
administered to him in the following words or words 
to the like effect 
"It is my duty to warn you that you are not obliged 
to say anything or to answer any question, but any­
thing you say, whether or not in answer to a question, 
may be given in evidence"; and lP/Ni liMYSiP/l 
Page 45 
(b) a statement made by any person before there is time to 
caution him shall not be rendered inadmissible in evidence 
merely by reason of no such caution having been adminis­
tered if it had been administered as soon as possible. 
(2) Notwithstanding anything to the contrary contained in any 
written law, a person accused of an offence to which subsection (1) 
applies shall not be bound to answer any questions relating to the 
case after any such caution as aforesaid has been administered to 
him. 
76. Obstruction to search, etc. 
Any person who-
(a) refuses any authorized officer or police officer access to any 
place; 
. (b) assaults, obstructs, hinders or delays any authorized officer 
or police officer in effecting any entrance which he is 
entitled to effect under this Act, or in the execution of any 
duty imposed or power conferred by this Act; or 
( c) refuses or neglects to give any information which may 
reasonably be required of him and which he has it in his 
power to give, 
commits an offence and is liable on conviction to a fine not exceed­
ing three thousand ringgit or to imprisonment for a term not exceed­
ing one year or to both. 
77. Conduct of prosecution. 
Any prosecution in respect of an offence against this Act may be 
conducted by an authorised officer. 
78. Jurisdiction of subordinate Cou.rt. 
(1) Notwithstanding any other written law, a subordinate Court 
shall have power to try any offence under this Act and on conviction 
to impose the full penalty therefor. 
(2) For the purpose of subsection (1), "subordinate Court" means 
a Sessions Court or a Magistrate's Court. IP/NIlIMYS/PI1 
Page 46 
PART XV 
MISCELLANEOUS 
79. Power of Registrar to amend patent application. 
[Subs. Act (1) The Registrar may, upon a request made by an applicant for a 
A863} patent in accordance with regulations made under this Act, amend 
the applicant's patent application, or any document submitted at the 
Patent Registration Office in connection with the application, for the 
purpose of correcting a clerical error or an obvious mistake. 
[Ills. Act 
A 863] (2) Every request under subsection (1) shall be accompanied by 
the prescribed fee. 
79A. Power of Registrar to amend patent. 
(1) The Registrar may, upon a request made by the owner of a 
patent in accordance with regulations made under this Act, amend 
the description, the claim or claims, or the drawings, of the patent, or 
amend any other document associated with the patent, for the pur­
pose of correcting a clerical error or an obvious mistake or for any 
other reason acceptable to the Registrar. 
(2) The Registrar shall not make an amendment under this sec­
tion if the amendment would have the effect of disclosing a matter 
which extends beyond that disclosed before the amendment or if the 
amendment would have the effect of extending the protection con­
ferred at the time of grant of the patent. 
(3) The Registrar shall not make an amendment under this sec­
tion if there are pending before any Court proceedings in which the 
validity of the patent may be put in issue. 
(4) Every request under subsection (1) shall be accompanied by 
the prescribed fee. 
(5) Notwithstanding subsection (4), no fee shall be payable by 
the owner of a patent in respect of a request to correct a mistake or an 
error in any document issued by the Patent Registration Office unless 
such mistake or error is caused or contributed to by such owner. 
80. Other powers of Registrar. 
(1) The Registrar may, for the purpose of this Act­
(a) summon witnesses; 
Cb) receive evidence on oath; 
(c) require the production of any document or article; and 
(d) award costs as against a party to proceedings before him. /lns. Act 
A 863] fPlNl1lMYS/PI1 
Page 47 
(2) Any person who without any lawful excuse fails to comply 
with any summons, order or direction made by the Registrar under 
paragraphs (a), (b) and (c) of subsection (1) commits an offence and 
is liable on conviction to a fine not exceeding two thousand ringgit or 
to imprisonment for a term not exceeding six months or to both. 
(3) Costs awarded by the Registrar may in default of payment be 
recovered in a Court of competent jurisdiction as a debt due by the 
person against whom the costs were accorded to the person in whose 
favour they were accorded. 
81. Exercise of discretionary power. 
Where any discretionary power is given to the Registrar by this 
Act or any regulations made thereunder, he shall not exercise the 
power on any person who may be adversely affected by his decision 
without giving to the person an opportunity of being heard. 
82. Extension of time. 
Subject to subsection (lA) of section 27, subsection (8) of section [Am. Act 
A863] 
29A and subsection (4) of section 30, where, by this Act or any 
regulations made thereunder a time is specified within which an act 
or thing is to be done the Registrar may, unless otherwise expressly 
directed by the Court, extend the time either before or after its 
expiration upon payment of the prescribed fee. 
83. Extension of time by reason of error in Patent Registration 
Office. 
(1) Where by reason of-
(a) circumstances beyond the control of the person concerned; 
or 
(b) an error or action on the part of the Patent Registration 
Office, 
an act in relation to an application for a patent or in proceedings 
under this Act, not being proceedings in a Court, required to be done 
within a certain time has not been so done, the Registrar may extend 
the time for doing the act 
(2) The time required for doing an act may be extended under 
this section although that time has expired. 
83A. Certificate by the Registrar. 
The Registrar may certify, by writing under his hand, that an entry, 
matter or thing required by or under this Act to be made or done, or 
not to be made or done, has or has not been made or done, as the case 
may be, and such certificate shall be primajacie evidence of the truth 
of the facts stated therein and shall be admissible in evidence in all 
courts. IP/N1l IMYS/P/l 
Page 48 
84. Rights of Government. 
Notwithstanding anything contained in this Act-
(a) the Government of the Federation or of any State, a Minis­
try or Government department or any person authorised by 
such Government, Ministry or Government department may 
make, use and exercise any invention registered or in re­
spect of which exclusive privileges have beeen granted in 
accordance with the provisions of this Act or do any act 
which would otherwise be an infringement of the privileges 
or rights mentioned in this Act; 
(b) the Government of the Federation or any State, Ministry or 
Government department or person authorised by such Gov­
ernment, MInistry or Government department shall pay 
reasonable .compensation for making, using or exercising 
the said invention or arising out of any act which would 
otherwise be an infringement of the privileges or rights 
mentioned in this Act. 
85. Refusal to grant patent by the Registrar. 
The Registrar in the exercise of his powers shall have the right to 
refuse to grant a patent for products or processes scheduled under 
regulations made by the Minister under this Act where it appe~s to 
the Registrar that the granting of such a patent would be prejudicial to 
the interest or security of the nation. 
86. Patent agents. 
(1) There shall be kept at the Patent Registration Office a Regis­
ter of Patents Agents. 
(2) No person shall carry on business, practise, act, describe 
himself, hold himself out, or permit himself to be described or held 
out, as a patent agent unless he is registered in the Register of Patents 
Agents. 
(3) The registration of a patent agent mentioned in subsection (2) 
shall be in accordance with the regulations as may be prescribed by 
the Minister under this Act 
(4) The appointment or change of a patent agent shall not be 
effective ag~lnst any third person unless it is registered in the Regis­
ter of Patents Agents. 
(5) A person who has neither his domicile nor residence in 
Malaysia may not proceed before the Patent Registration Office 
under the provisions of this Act in respect of his patent except 
through a patent agent 87. Regulations. IP/N/lIMYS/P/l 
Page 49 
(1) Subject to the provisions of this Act, the Minister may make 
regulations for the purpose of carrying into effect the provisions of 
this Act. 
(2) In particular and without prejudice to the generality of sub­
section (l), such regulations may provide for all or any of the 
following: 
(a) to regulate the procedure to be followed in connection with 
any proceeding or other matter before the Registrar or the 
Patent Registration Office under this Act including the 
service of documents; 
Cb) to classify goods including methods and processes for the 
purpose of registration of patents; 
Cc) to make or require duplication of patents or other docu­
ments; 
(d) to secure and regulate the publishing, selling or distributing, 
in such manner as the Minister may think fit, of copies of 
patents and other documents; 
(e) to prescribe the fees payable for applications for patents and 
other fees payable for other matters prescribed under this 
Act; 
if) to prescribe forms, books, registers, documents and other 
matters to be used under this Act; 
(g) to regulate generally on matters pertaining to the business 
of patents carried on in the Patent Registration Office whether 
or not specially prescribed under this Act. 
88. Appeal. 
(1) Any person aggrieved by any decision or order of the Regis­
trar or the Board may appeal to the Court. 
(2) The same rules of procedure on appeal shall apply to appeals 
made under subsection (1) as to appeals to the High Court from a 
decision of a subordinate Court in civil matters. 
89. Repeal and saving provisions. 
The Registration of United Kingdom Patents Act 1951, the Pat­
ents Ordinance of Sarawak, the Registration of United Kingdom 
Patents Ordinance of Sabah and the Patents (Rights of Government) 
Act 1967 are repealed: 
Provided that: IP/NI1/MYS/PI1 
Page 50 
(a) any subsidiary legislation made under the repealed laws 
shall so far as such subsidiary legislation is not inconsis­
tent with the provisions of this Act continue in force and 
have effect as if it had been made under this Act and may be 
repealed, extended, varied or amended accordingly; 
(b) any appointment made under the repealed laws or subsid­
iary legislation made thereunder shall continue in force and 
have effect as if it had been made under this Act unless the 
Minister otherwise directs; 
( c) any certificate or grant issued or made, in respect of a {Subs. Act 
patent, under the repealed laws and in force immediately A 863] 
prior to the coming into force of this Act shall remain in 
force-
(i) so long as the original patent remains in force in the 
United Kingdom; or 
(H) until the expiration of twenty years from the date of 
application, 
whichever is the earlier. 
90. Transitional. 
(1) Where an application has been made under an Act or Ordi- [Am. Act 
nance repealed under section 89, the Registrar may issue a certificate A863] 
or make a grant on such application as if the Act or Ordinance had 
not been repealed, and such certificate or grant shall remain in 
force-
(a) so long as the original patent remains in force in the United 
Kingdom; or 
(b) until the expiration of twenty years from the date of applica­
tion, 
whichever is the earlier. 
(2) Where a patent has been granted under the United Kingdom [Am. Act 
Patents Act 1977 not earlier than twenty-four months before the A 863] 
coming into force of this Act, the owner of the patent may, within a 
period of twelve months from the coming into force of this Act, make 
an application for a certificate or a grant and the Registrar may issue a 
certificate or make a grant on such application as if the Act or 
Ordinance repealed under section 89 had not been repealed, and such 
certificate or grant shall remain in force-
(a) so long as the original patent remains in force in the United 
Kingdom; or . 
(b) until the expiration of twenty years from the date of the 
application, 
whichever is the earlier. [ActA863] (3) (Deleted). IPINIIIMYS/P/l 
Page 51 
(4) Where, prior to the coming into force of this Act, an applica­
tion for a patent has been made under the United Kingdom 
Patents Act 1977 or an application designating the United Kingdom 
has been filed at the European Patent Office, the applicant may, 
within a period of twelve months from the coming into force of 
this Act, make an application for the grant of a patent under this 
Act, and such application shall be accorded the filing date and the 
right of priority which have been accorded to it in the United 
Kingdom. 
FIRST SCHEDULE 
(Section 7) 
1. Persons disqualified from being appointed members of the Board. 
The following persons shall be disqualified from being appointed or being 
members of the Board: 
(a) a person who is of unsound mind or is otherwise incapable of per­
forming his duties; 
(b) a bankrupt; 
(c) a person who has been convicted of an offence and sentenced to 
imprisonment for a term of one year or more. 
2. When member deemed to have vacated office. 
A member of the Board shall be deemed to have vacated his office if he is 
absent from three consecutive meetings of the Board without the prior approval 
in writing of the Minister. 
3. Quorum and presiding officer. 
(1) The Chairman, or any member presiding in the absence of the 
Chairman, and six other members shan form a quorum at a meeting of the 
Board. 
(2) In the absence of the Chairman, the Deputy Chairman shall preside at a 
meeting of the Board and in the absence of both of them, the members present 
shall choose one of their number to preside and such member may exercise all the 
powers of the Chairman in respect of that meeting. 
4. Chairman to have casting vote. 
If on any question to be determined there is an equality of votes, the Chairman 
shall have the casting vote in addition to his deliberative vote. 
5. Board to determine its procedure. 
Subject to this Act, the Board shall determine its own rules and procedure. IPINIJlMYS/PI1 
Page 52 
6. Board may appoint committees. 
(1) The Board may with the approval of the Minister appoint such commit­
tees of its members with or without other persons as it may determine. 
(2) Any committee so appointed shan conform to instructions that may 
from time to time be given to it by the Board and the Board may with the approval 
of the Minister at any time discontinue or alter the constitution of such committee. 
(3) Subject to the directions of the Board, the quorum and procedure of a 
committee shall be determined by the committee. 
SECOND SCHEDULE 
(Section 17 A) 
MODIFICA nONS TO THE PROVISIONS OF THE ACT 
APPLICABLE TO UTILITY INNOV ATIONS 
(1) 
Provisions of the Act 
Section 3 
Section 13 
Section 14 (2) 
Modifications 
Substitute "certificate for a utility innovation" and 
"application for a certificate for a utility innovation" 
for "patent" and "patent application" respectively in 
the definition of "right". 
1. Substitute "utility innovations" for "inventions". 
2. Substitute "eligible for a certificate for a utility 
innovation" for "patentable". 
Substitute therefor the foHowing: 
"Novelty. 14. (1) A utility innovation is new to 
Malaysia if it is not anticipated by prior 
art. 
(2) Prior art shall consist of-
(a) everything disclosed to the 
public by written publica­
tion, by oral disclosure, by 
use or in any other way> 
prior to the priority date of 
the application for a cer­
tificate for a utility inno­
vation claiming the utility 
innovation; (1) 
Provisions of the Act 
PART V 
(except as otherwise 
provided below) (2) 
Modifications IP/NIlIMYS/PI1 
Page 53 
(b) the contents of a domestic 
application for a certificate 
for a utility innovation 
having an earlier priority 
date than the application 
referred to in paragraph (a) 
to the extent that such con­
tents are included in the 
certificate for a utility in­
novation granted on the 
basis of the said domestic 
application. 
(3) A disclosure made under 
paragraph (a) of subsection (2) shall 
be disregarded-
(a) if such disclosure occurred 
within one year preceding 
the date of the application 
and if such disclosure was 
by reason or in conse­
quence of acts committed 
by the applicant or his pre­
decessor in title; 
(b) if such disclosure occurr­
ed within one year pre­
ceding the date of the ap­
plication and if such dis­
closure was by reason or 
in consequence of any 
abuse of the rights of the 
applicant or his predeces­
sor in title.". 
L Substitute "certificate for a utility innovation" for 
"patent" , 
2. Substitute "innovator" for "inventor", 
3. Substitute "utility innovation" for "invention". 
4. Substitute "a utility innovation" for "an invention". IP/N/1/MYS/P/! 
Page 54 
(1) (2) 
Provisions of the Act Modifications 
Section 19 Substitute therefor the following: 
PART VI 
(except as otherwise 
provided below) 
Section 28 
Section 29 
Section 31 "Judicial 
assignment of 
application for a 
utility innovation 
or a certificate 
for a utility 
innovation. 19. Where the essential elements of the 
utility innovation claimed in-
(a) an application for a certificate 
for a utility innovation; or 
(b) a certificate for a utility inno­
vation, 
have been unlawfully derived from an 
invention or a utility innovation for which 
the right to the patent or the certificate 
for a utility innovation belongs to an­
other person, such other person may ap­
ply to the Court for an order that the said 
application or certificate be assigned to 
him: 
Provided that the Court shall not 
entertain an application for the assign­
ment of a certificate for a utility innova­
tion after three years from the date of the 
grant of the certificate.", 
1. Substitute "certificate for a utility innovation" for 
"patent". 
2. Substitute "innovator" for "inventor". 
3. Substitute "utility innovation" for "invention". 
4. Substitute "an application for a certificate for a 
utility innovation" for Ha patent application". 
Substitute "the claim" for "a claim or claims" in para­
graph (d) of subsection (1). 
(Deleted). 
1. In subsection (2)-
(a) substitute "Board" for "Registrar"; 
(b) substitute "the Board" for "he"; 
(c) substitute "a certificate for a utility innovation" 
for "a certificate of grant of the patent and a 
copy of the patent" in paragraph (a); (1) 
Provisions of the Act 
Section 32 
Section 33B 
Section 34 
Section 35 (2) 
Modifications IPINI1/MYS/P/J 
Page 55 
(d) substitute the following paragraph for para­
graph (b): 
"(b) direct the Registrar to record the cer­
tificate for a utility innovation in the 
Register for Certificates for Utility In­
novations.". 
2. In subsection (4), substitute "Board" for 
"Registrar" . 
1. Substitute "Register for certificates for Utility 
Innovations" for "Register of Patents". 
2. Substitute "certificate for utility innovations" for 
"patents". 
Substitute "certificate for utility innovation" for "cer­
tificate of grant of the patent". 
Substitute "any application for a certificate for a util­
ity innovation" for "any patent application". 
Substitute therefor the following: 
'~Duration of 
certificate 
for a utility 
innovation. 35. (1) Subject and without prejudice 
to the provisions of this Act, a certificate 
for a utility innovation shall expire five 
years after the date of its grant. 
(2) Notwithstanding subsection (1), 
the owner of a certificate for a utility 
innovation may, before the expiration of 
the period of five years mentioned in 
subsection (1), apply for an extension for 
an additional period of five years and 
may, before the expiration of the second 
period of five years, apply for an exten­
sion for a further period of five years. 
(3) An application for extension 
under subsection (2) shall be accompa­
nied by an affidavit of the owner of the 
certificate for the utility innovation show­
ing that the utility innovation is in com­
mercial or industrial use in Malaysia, or 
satisfactorily explaining its non-use, and 
shall also be accompanied by the pre­
scribed fee. IPlNllIMYS/P/J 
Page 56 
(1) 
Provisions of the Act 
PART VII 
(except as oherwise 
provided below) 
Section 37 
Section 38 (2) 
Modifications 
(4) Where the owner of a certifi­
cate for a utility innovation intends to 
keep the certificate in force, he shall, 
twelve months before the date o~~expira­
tion of the third and each succeeding 
year during the term of the certificate, 
pay the prescribed annual fee: 
Provided, however, that a period of 
grace of six months shall be allowed 
after the date of such expiration upon 
payment of such surcharge as may be 
prescribed. 
(5) If the annual fee is not paid in 
accordance with subsection (4) the cer­
tificate for the utility innovation shaH 
lapse, and a notice of the lapsing of the 
certificate for non-payment of any 
annual fee shall be published in the 
Gazette. " 
1. Substitute "certificate for a utility innovation" 
for "patent". 
2. Substitute "utility innovation for which a certifi­
cate has been granted" for "patented invention". 
3. Substitute "application for a certificate for a 
utility innovation" for "patent application". 
4. Substitute "utility innovation" for "invention". 
1. In subsection (2)-
(a) substitute a fun stop for the semicolon at the 
end of paragraph (Hi); 
(b) delete paragraph (iv). 
2. Delete ", by the provisions on compulsory li­
censes as provided in sections 51 and 52" in subsec­
tion (5). 
In subsection (1)-
(a) substitute a full stop for the colon at the end 
of the first proviso; 
(b) delete the second proviso. (1) 
Provisions of the Act 
PART VIII 
PART IX 
PART XI 
(except as otherwise 
provided below) 
Section 55 
Section 56 (2) 
Modifications IP/NllIMYS/PIl 
Page 57 
1. Substitute "An application for a certificate for a 
utility innovation or a certificate for a utility innova­
tion" for "A patent application or patent". 
2. Substitute "an application for a certificate for a 
utility innovation or a certificate for a utility innova­
tion" for "a patent application or patent". 
3. Substitute "the application for a certificate for a 
utility innovation" for "the patent application". 
4. Substitute "certificate for a utility innovation" 
for "patent". 
5. Substitute "utility innovation for which a certifi­
cate has been granted" for "patented invention". 
1. Substitute "certificate for a utility innovation" 
for "patent". 
2. Substitute "utility innovation" for "invention". 
3. Substitute "utility innovation for which a certifi­
cate has been granted" for "patented invention". 
4. Substitute "application for a certificate for a util­
ity innovation" for "patent application". 
1. Substitute "certificate for a utility innovation" 
for "patent". 
2. Substitute "utility innovation" for "invention". 
Delete subsections (2) and (3A). 
1. Substitute the following paragraph for paragraph 
(a) of subsection (2): 
"(a) that what is claimed as a utility innovation 
in the certificate for a utility innovation is 
not a utility innovation within the meaning 
of section 17 or is excluded from protection 
under section 13 or subsection (1) of section 
31 ;". 
2. Substitute "some parts of a claim, such parts of a 
claim" for "some of the claims or some parts of a 
claim, such claims or parts of a claim" in subsection 
(3). IP/N/l/MYS/P/l 
Page 58 
(1) 
Provisions of the Act 
PART XII 
(except as otherwise 
provided below) 
Section 59 
Section 61 
Section 62 
PART 
(except as otherwise 
provided below) 
Section 64 
PART XV 
(except in section 86) 
Section 86 (2) 
Modifications 
Substitute "certificate for a utility innovation" for 
"patent" . 
Substitute "two" for "five" in subsection (3). 
Substitute the following subsection for subsection 
0): 
"(1) Forthe purposes of this section, "benefi­
ciary" means any licensee unless the licence con­
tract provides that the provision of this subsection 
do not apply or provides different provisions.". 
1. Delete "(a)" after "(3)" in subsection (3). 
2. Delete paragraph (b) of subsection (3). 
1. Substitute "certificate for a utility innovation" 
for "patent". 
2. Substitute "product in respect of which a certifi­
cate for a utility innovation has been granted" for 
"patented product". 
3. Substitute "utility innovation" for "invention". 
1. Substitute "product or process in respect of which 
a certificate for a utility innovation has been granted" 
for "patented product or process" in subsection (1). 
2. Delete 'the word "patent" or "patented" or' 
subsection (2). 
1. Substitute "certificate for a utility innovation" 
for "patent", 
2. Substitute "utility innovation" for "invention". 
3. Substitute "certificates for utility innovations" 
for "patents". 
Substitute "his certificate for a utility innovation" for 
"his patent" in subsection (5), PATENTS REGULATIONS9 1986 
ARRANGEMENT OF REGULATIONS 
PART I 
PRELIMINARY 
Regulation 
1. Citation and commencement. 
2. Fees. 
3. Forms. 
PART 
APPLICA TION AND PROCEDURE FOR GRANT 
AND DURATION OF PATENT 
4. Interpretation. 
5. Application for grant of patent. 
6. Name and declaration of inventor. 
7. Request for the grant of a patent 
8. Names and addresses. 
9. Nationality and residence. 
10. Applicant's right to patent. 
11. Common representative. 
12. Description. 
13 .• Claims. 
14. Dependent claims. 
15. Drawings. 
16. Abstract. 
17. Measures, terminology and signs. 
18. Physical requirements. 
19. Unity of invention. 
19 A.Di vision of application. 
20. Disclosures to be disregarded for prior art purposes. 
21. Declaration claiming priority. 
22. Copy of earlier application. 
23. Corrections in declaration claiming priority. 
24. Withdrawal of application. 
25. FilinQ date. 
2.6. Preliminary examination. 
27. Request for substantive examination. 
27 A. Request for modified substantive examination. LPINll IMYS/PI 1 
Page 59 fP/N/J/MYS/P/I 
Page 60 
27B. Defennent of filing of request for substantive examination and modi-
fied substantive examination. 
27c. Substantive examination. 
27D. Modified substantive examination. 
28. Notification of refusal of application. 
29. Certificate of grant of patent. 
30. Contents of patent. 
31. Register. 
31 A. Request for certified copies of or extract from Register, etc. 
31 B. Amendment of Register. 
32. Contents of reference to grant of patent published in Gazette. 
33. Annual fees. 
33A. Reinstatement of lapsed patent. 
338. Protection of persons who exploit lapsed patents. 
33c. Conversion of applications. 
PART III 
RIGHTS OF OWNER OF PATENT 
34. Application to record assignment or transmission. 
35. Entry in Register that any person may obtain a licence. 
36. Request to record particulars of licence contracts. 
37. Request to record expiry or termination of recorded licence contracts. 
PART IV 
COMPULSORY LICENCES 
38. Application for compulsory licence. 
39. Procedure for grant of compulsory licence. 
40. Notification of the Board's decision. 
41. Amendment and cancellation of compulsory licence. 
42. Surrender of compulsory licence. 
PART V 
SURRENDER AND INV AUDATION 
43. Surrender of patent 
44. Invalidation of patent 
PART VI 
UTILITY INNOVATIONS 
45. Certificate for a utility innovation. 45A. Interpretation. PART VIA 
PATENT AGENTS 
45B. Representation in proceedings. 
45c. Registration of patent agents. 
45D. Examination for patent agents. 
45E. Renewal of registration of patent agents. 
45F. Cancellation of registration of patent agents. 
45G. Board of Examiners of Patent Agents. IPfNIlIMYS/P/l 
Page 61 
45H. Setting, assessing and marking of examination questions and an­
swers. 
PART VII 
MISCELLANEOUS 
46. Amendment of application. 
46A. Amendment of patent. 
47. Hearing. 
48. (Deleted). 
49. (Deleted). 
50. Signatures by partnerships, companies and associations. 
5 L Address for service. 
52. Service by post. 
53. Request for extension of time. 
SCHEDULES. IP/N/lIMYS/P/l 
Page 62 
PATENTS REGULATIONS, 1986* 
IN exercise of the powers conferred by section 87 of the Patents Act 1983, the 
Minister makes the following regulations: 
PART I 
PRELIMINARY 
1. Citation and commencement. 
These Regulations may be cited as the Patents Regulations 1986 and shaH 
come into force on the 1st October 1986. 
2. Fees. 
(1) The fees to be paid in respect of all matters arising under the Act and 
these Regulations shall be as specified in Schedule I. 
(2) The fees shall be paid to the Patents Registration Office by such means 
and in such manner as the Registrar may direct 
3. Forms. 
The forms referred to in these Regulations are those set out in Schedule 
H. 
PARTII 
APPLICATION AND PROCEDURE FOR GRANT 
AND DURATION OF PATENT 
4. Interpretation. 
In this Part, unless the context otherwise requires, "application" means an 
application for the grant of a patent and "applicant" shall be construed accord­
ingly. 
5. Application for grant of patent. 
(1) An application shall contain-
(a) a request for the grant of a patent; 
( b) a description; 
(c) a claim or claims; 
*Published as P. U. (A) 327186, and as amended by P.U. (A) 295190,262195 [woe! 1.8.95]. (d) a drawing or drawings, where required; and 
( e) an abstract. 
(2) The application shall be filed at the Patent Registration Office. 
6. Name and declaration of inventor. IPINI1/MYS/PI1 
Page 63 
(1) The application shall contain the name and address of the inventor. 
(2) An inventor who does not wish to be named in a patent may, by 
declaration in writing signed by him and submitted to the Registrar, indicate 
that he does not wish to be so named. 
7. Request for the grant of a patent. 
(1) A request for the grant of a patent shall be made to the Registrar on 
Form 1 together with the payment of the prescribed fee. 
(2) The title of the invention shaH indicate clearly and concisely the 
subject-matter to which the invention relates. 
8. Names and addresses. 
Names and addresses given in the application shall in all cases be the 
fuU names and addresses. 
9. Nationality and residence. 
(1) The applicant's nationality shall be indicated by the name of the 
State of which he is a national or, if the applicant is not a natural person, 
the name of the State under whose laws it is constituted. 
(2) The applicant's residence shall be indicated by the name of the State 
of which he is a resident. 
10. Applicant's right to patent. 
(1) Where the applicant is the inventor, the request shall state that fact. 
(2) Where the applicant is not the inventor, the request shaIl be accom­
panied by a statement justifying the applicant's right to the patent. 
H. Common representative. 
If an application is submitted by more than one applicant and the appli­
cants have not appointed a patent agent to represent all of them-
(a) the request shall designate one of the applicants as their common 
representative; or 
(b) if the request does not designate one of the applicants as their 
common representative, the applicant first named in the request 
shaH be considered the common representative. fP/N/l/MYS/P/l 
Page 64 
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, search­
ing 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 indus­
trially 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 shaH be presented in the manner and order specified 
in subregulation (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. 
13. Claims. 
(1) The claims shall be clear and concise and fully supported by the 
description; and the number of the claims shall be reasonable taking into 
consideration the nature of the invention. 
(2) If there are several claims they shaH be numbered consecutively in 
arabic numerals. 
(3) Claims shall not contain drawings and shall not, unless necessary, rely, 
in respect of the technical features of the invention, on references to the 
description or drawings. 
(4) Where the application contains drawings, the technical features 
mentioned in the claims shall, wherever possible be followed by reference 
signs relating to such features and placed between parentheses, subject to the 
following: 
(a) reference signs which do not particularly facilitate quicker under~ 
standing of a claim should not be induded; 
( b) the same features, when denoted by reference signs, shall, through~ 
out the application, be denoted by the same signs. [P/N/lIMYS/P/1 
Page 65 
(5) The claims shaH define the invention in terms of the technical features 
of the invention. 
(6) Whenever appropriate, claims shall contain-
(a) a statement indicating those technical features of the invention 
which are necessary for the definition of the claimed subject­
matter but which, in combination, are part of the prior art; 
(b) a characterizing portion, preceded by the words "characterized 
in that", "characterized by", "wherein the improvement com­
prises", or any other words to the same effect stating concisely the 
technical features which, in combination with the features stated 
under paragraph (a), it is desired to protect. 
14. Dependent claims. 
(1) Any claim which includes all the features of one or more other claims 
("dependent claim") shall contain, if possible at the beginning, a reference to 
the other claim or claims and shaH then state the additional features claimed. 
(2) (Deleted). 
(3) A dependent claim shall be construed as including an the limitations 
contained in the claims to which it refers or, if the dependent claim is a 
multiple dependent claim, all the limitations contained in the particular 
claim in relation to which it is considered. 
(4) All dependent claims referring back to a single previous claim, and all 
dependent claims referring back to several previous claims, shall be grouped 
together to the extent and in the most practical way possible. 
15. Drawings. 
0) Subject to subregulation (2), drawing shall be required when they are 
necessary for the understanding of the invention. 
(2) Notwithstanding subregulation 0), where the nature of the invention 
admits of illustration by drawings the applicant may include drawings in the 
application when filed. 
(3) Flow sheets and diagrams shall be considered drawings for the 
purposes of these Regulations. 
16. Abstract. 
(1) The abstract shaH commence with a title for the invention. 
(2) The abstract shall contain-
(a) a summary of the disclosure as contained in the description and 
the claims and drawings, if any; and 
(b) where applicable, the chemical formula which, among an the 
formulae contained in the application, best characterizes the 
invention. IP/N/1/MYS/P/1 
Page 66 
(3) The summary mentioned in subregulation (2)(a) shall indicate the 
technical field to which the invention pertains and shall be drafted in a 
way which allows the clear understanding of the technical problem, the gist 
of the solution of that problem through the invention, and the principal use 
or uses of the invention. . 
(4) The abstract shall be as concise as the disclosure permits and shall 
preferably not contain more than one hundred and fifty words. 
(5) The abstract shall not contain statements on the alleged merits or 
value of the invention or on its speculative application. 
(6) Each main technical feature mentioned in the abstract and illustrated 
by a drawing in the application shall be followed by the reference sign used 
in that drawing placed between parentheses. 
(7) The abstract shan not contain drawings but shall be accompanied by 
the most illustrative of any drawings furnished by the applicant. 
(8) The abstract shall be so drafted that it constitutes an efficient instru­
ment for the purposes of searching in the particular technical field, in parti­
cular by making it possible to assess whether there is a need to consult the 
description, the claims or the drawings. 
17. Measures, terminology and signs. 
(1) Units of weight and measures shall be expressed in terms of the 
metric system. 
(2) Temperatures shaH be expressed in degrees Celsius. 
(3) Densities shaH be expressed in metric units. 
(4) For heat, energy, light, sound, and magnetism, as wen as for mathe­
matical formulae and electrical units, the rules of international practice shall 
be observed. 
(5) For chemical formulae, the symbols, atomic weights, and molecular 
formulae in general use shall be employed. 
(6) In general, only such technical terms, signs and symbols as are gener­
ally accepted in the field in question should be used. 
(7) The terminology and the signs shall be consistent throughout the 
application. 
18. Physical requirements. 
(1) Unless provided otherwise, the application and any accompanying 
statements or documents shall be filed in duplicate, but the Registrar may 
require that they be filed in more than two copies, 
(2) All documents of the application shall be so presented as to admit of 
direct reproduction by photography, electrostatic processes, photo offset 
and microfilming. 
(3) All sheets shall be free from cracks, creases and folds and only one 
side of each sheet contained in the application shaH be used. IP/N/lIMYS/P/l 
Page 67 
(4) All documents of the application shall be on A4 paper (29.7 cm x 21 
cm) which shall be strong, white, smooth, non-shiny and durable. 
(5) Notwithstanding subregulation (4), the Registrar may accept sheets 
of sizes other than A4. 
(6) The minimum margins of sheets shall be 2 cm. 
(7) All sheets shall be numbered at the top of the sheet and in the middle, 
in consecutive arabic numerals. 
(8) The text matter of the application shall be typed or printed in a dark, 
indelible colour in at least 1 Y2 line spacing, but graphic symbols, chemical or 
mathematical formulae and certain characters may, if necessary, be hand 
written or drawn. 
(9) In the application, every fifth line of each sheet of the description and 
the claims shaH be numbered in arabic numerals placed to the left of the 
relevant lines but to the right of the margin. 
(10) Drawings shall be executed in durable, black, sufficiently dense and 
dark, uniformly thick and wen-defined lines and strokes without colouring. 
(11) The application and any associated statement or document shall be 
filed in the national language or in the English language. 
19. Unity of invention. 
(1) For the purposes of section 26 of the Act, the same patent application 
may include-
(a) in addition to an independent claim for a given product, an indepen­
dent claim for a process specially adapted for the manufacture of 
the product, and an independent claim for a use of the product; or 
(b) in addition to an independent claim for a given process, an indepen­
dent claim for an apparatus or means specifically designed for 
carrying out the process; or 
( c) in addition to an independent claim for a given product, an indepen­
dent claim for a process specially adapted for the manufacture of 
the product, and an independent claim for an apparatus or means 
specifically designed for carrying out the process. 
(2) Subject to section 26 of the-Act, an application may contain two or 
more independent claims of the same category which cannot be covered 
readily by a single generic claim. 
(3) Subject to section 26 of the Act, an application may contain a reason­
able number of dependent claims claiming specific forms of the invention 
claimed in an independent claim even when the features of any dependent 
claim could be considered as constituting in themselves an invention. 
19Ao Division of application. 
For the purposes of section 26B( 1) of the Act-IPlNllIMYS/P/l 
Page 68 
(a) where an application is divided pursuant to an objection in an 
Examiner's report made under section 30(1) or 30(2) of the Act 
for non-compliance with section 26 of the Act, the request for 
the division of the application shall be made within three months 
from the date of mailing of such report; 
(b) in any other case, the applicant may, of his own volition, request for 
the division of the application not later than three months from 
the date of mailing of the Examiner's first report made under 
section 30(1) or 30(2) of the Act. 
20. Disclosures to be disregarded for prior art purposes. 
An applicant shall state in the request or at any other time any disclosure 
which he is aware of and which in his opinion should be disregarded for 
prior art purposes under section 14(3) of the Act and shall state the facts in 
an accompanying statement. 
21. Declaration claiming priority. 
(1) A declaration claiming priority under section 27(1) of the Act shall 
state-
(a) the date of each earlier application; 
(b) subject to subregulation (2), the number of each earlier applica­
tion; 
(c) subject to subregulation (3), the symbol, if any, of the International 
Patent Classification which has been allocated to each earlier 
application; 
(d) the name of the State in which each earlier application was filed or, 
where the earlier application is a regional or an international appli­
cation, the name of the State or States for which it was filed; and 
(e) where the earlier application is a regional or an international 
application, the office with which it was filed. 
(2) Where at the time of filing the declaration referred to in subregulation 
(1) the number of any earlier application is not known, that number shall be 
furnished within three months from the date on which the application con­
taining the declaration was filed. 
(3) When a symbol of the International Patent Classification has not 
been allocated to the earlier application or had not yet been allocated at the 
time of filing the declaration referred to in subregulation 0), the applicant 
shall state this fact in the declaration. 
(4) Whe:-e the priorities of two or more earlier applications are claimed in 
accordance with subregulation 0), the information relating to those earlier 
applications may be included in a single declaration. 
(5) (Deleted). 22. Copy of earlier application. fPlNl1/MYS/PIl 
Page 69 
(1) Where section 27(2) of the Act applies, the applicant shall furnish 
the certified copy of each earlier application within three months from the 
date of the Registrar's request. 
(2) Where the copy referred to in subregulation (1) has already been 
furnished for another application, the applicant may make a reference to that 
other application. 
(3) Where the earlier application referred to in subregulation (1) is in a 
language other than the national language or the English language, the 
Registrar may require the applicant to furnish him, within three months 
from the date of the Registrar's request, with a translation of the earlier 
application in the national language or in the English language. 
23. Corrections in declaration claiming priority. 
(1) If the Registrar finds that the requirements of regulations 21 and 22 
have not been complied with he shaH request the applicant to file the required 
particulars, documents or corrections within three months from the date of 
the request. 
(2) If the applicant does not comply with the request referred to in sub­
regulation (1), the Registrar shall inform the applicant in writing that the 
declaration is deemed to be invalid under section 27(4) of the Act and shall 
state the reasons. 
24. Withdrawal of application. 
(1) An applicant may withdraw his application by a declaration on Form 2 
addressed to the Registrar and signed by the applicant or his agent so autho­
rized for that specific purpose. 
(2) In the case of several applicants the declaration referred to in 
subregulation (1) shall be signed by all the applicants or on behalf of all the 
applicants by their agent so authorized for that specific purpose. 
(3) Where a declaration is signed by an agent, such declaration shall be 
accompanied by the letter authorizing him to sign the declaration. 
25. Filing date. 
(1) When the Registrar records the filing date of the application he shaH 
send to the applicant a certificate of filing in the form of a copy of the 
request with the filing date and application number marked thereon. 
(2) The required correction under section 28(2) of the Act shall be filed 
within three months from the date of the Registrar's request. 
(3) Where the Registrar treats the application as invalid in accordance 
with section 28 (3) of the Act, he shall inform the applicant in writing of 
the reasons. 
(4) The drawings under section 28(4) of the Act shall be furnished within 
three months from the date of the Registrar's request. IP/NIIIMYS/PIl 
Page 70 
26. PreUmhmryexamination. 
(1) The requirements of regulations 5, 6, 7(1), 8, 9, 11, 18 and 51 shaH 
be fonnal requirements for the purposes of section 29(1) of the Act. 
(2) Where section 29(2) of the Act applies, the Registrar shall notify the 
applicant of his findings and the applicant shall make any observation on 
such finding or any amendment to the application or both within three 
months from the date of mailing of the Registrar's notification. 
27. Request for substantive examination. 
(1) A request for a substantive examination shall be made to the Registrar 
on Form 5 together with the payment of the prescribed fee within two years 
from the filing date of the application. 
(2) Where an application is divided under regulation 19A more than two 
years from the filing date of the application, a further request for a substantive 
examination shall be made at the time of the filing of the request for the 
division of the application. 
(3) A request for a substantive examination shaH, where appropriate, 
be accompanied by-
(a) infonnation relating to the application number and filing date of 
any application for a patent or other title of industrial property 
protection filed with any prescribed industrial property office relat­
ing to the same or essentially the same invention as that claimed in 
the application; 
( b) infonnation relating to the number assigned to a patent or other title 
of industrial property protection granted for the same or essentially 
the same invention as that claimed in the application by any pre­
scribed industrial property office; 
(c) the results of any searches or examinations carried out by any 
prescribed industrial property office relating to the same or esseu­
tially the same invention as that claimed in the application. 
(4) The Registrar may waive, as he deems fit, any requirement under 
subregulation (3). 
(5) Where an application is deemed to be withdrawn under section 29A(5) 
of the Act, the Registrar shaH inform the applicant in writing of that fact and 
shall state the reasons therefor. 
(6) For the purposes of these Regulations, "prescribed industrial property 
office" means the Patent Office of Australia, the Patent Office of the United 
Kingdom, the Patent Office of the United States of America or the European 
Patent Office, as the case may require, in its capacity as a national office or, 
where appropriate, as an International Searching Authority or as an Inter­
national Preliminary Examination Authority under the Patent Cooperation 
Treaty. 
27ft., Request for modified §ubst~ntive ex~min~tion, 
(1) A request for a modified substantive examination shaH be made to 
the Registrar on Form 5A together with the payment of the prescribed fee 
within two years from the filing date of the application. IPIN/1/MYS/PIl 
Page 71 
(2) Where an application is divided under regulation 19A more than two 
years from the filing date of the application, a further request for a modified 
substantive examination shall be made at the time of the filing of the request 
for the division of the application. 
(3) A request for a modified substantive examination shaH be accom­
panied by-
( a) a certified true copy of the patent or other title of industrial property 
protection granted to the applicant or his predecessor in title in the 
prescribed country or under the prescribed treaty or Convention, 
and where the patent or other title of industrial property protection 
is not in the English language, a certified translation in the 
English language thereof; 
(b) where the description, claims or drawings of the invention granted 
a patent or other title of industrial property protection by the pre­
scribed country or under the prescribed treaty or Convention are 
not, apart from matters of form, substantially the same as the 
description, claims or drawings of the invention claimed in the 
application, the amendments required for the purpose of bringing 
them into conformity. 
(4) Where an application is deemed to be withdrawn under section 29A(5) 
of the Act, the Registrar shaH inform the applicant in writing of that fact 
and shall state the reasons therefor. 
(5) For the purposes of these Regulations-
"prescribed country" means Australia, the United Kingdom or the United 
Stated of America, as the case may require; 
"prescribed treaty or Convention" means the European Patent Convention. 
27B. Deferment of filing of request for substantive examination and 
modified substantive examination. 
(1) A request for a deferment of the filing of a request for a substantive 
examination under regulation 27 or a modified substantive examination 
under regulation 27 A or a deferment of the provision of information or 
documents required under regulation 27(3) shall be made to the Registrar 
on Form 5B. 
(2) For the purposes of section 29A(7) of the Act, the maximum period 
of deferment allowed-
(a) for the filing of a request under regulation 27, shall be three years 
from the filing date of the application; 
(b) for the filing of a request under regulation 27 A, shall be four years 
from the filing date of the application; 
(c) for the provision of the information or documents required under 
regulation 27(3), shall be three years from the filing date of the 
application. IP/NllIMYS/P/l 
Page 72 
27c. Substantive examination. 
(1) The requirements of sections 13, 14, 15 and 16, Part V, and sections 
26, 26A, 26B and 27 of the Act and regulations 7(2), 10, 12 to 17, 21 and 50 
shall be substantive requirements for the purposes of section 30( I) of the Act. 
(2) For the purpose of determining whether the application complies with 
the substantive requirements, in particular sections 14 and 15 of the Act, the 
Examiner shall search such documents as the Registrar deems necessary. 
(3) Upon receipt of the Examiner's report under section 30(l)(b) of the 
Act, the Registrar may request the Examiner to conduct a further search or 
other investigation to determine whether the requirements of sections 14 
and 15 of the Act have been satisfied and subregulation (2) shall apply in 
relation to such further search or other investigation. 
(4) Where section 30(3) of the Act replies, the Registrar shall send a copy 
of the Examiner's report to the applicant and the applicant shall make any 
observation on such report or any amendment to the application or both 
within three months from the date of mailing of the report. 
(5) Where the applicant makes any observation on the Examiner's report 
of any amendment to the application or both within the prescribed period, 
the Registrar shall refer them to the Examiner who shaH report his deter­
mination to the Registrar. 
(6) Without prejudice to the foregoing provisions the prescribed period 
for compliance with the substantive requirements shall be five years from the 
filing date of the application. 
27D. Modified substantive examination. 
(1) The requirements of sections 13 and 14, Part V, and sections 26A, 
26B and 27 of the Act and regulations 10, 21 and 50 shall be substantive 
requirements for the purposes of section 30(2) of the Act. 
(2) In addition, it shall also be a substantive requirement that the descrip­
tion, claims and drawings of the invention claimed in the application, whether 
as filed or as amended under the Act or these Regulations, apart from matters 
of form, shall be the same or substantially the same as the description, claims 
and drawings of the invention granted a patent or other title of industrial pro­
perty protection by the prescribed country or under the prescribed treaty or 
Convention. 
(3) For the purpose of determining whether the application complies with 
the substantive requirements, in particular section 14 of the Act, the Examiner 
shall search such documents as the Registrar deems necessary. 
(4) Upon receipt of the Examiner's report under section 30(2)(b) of the 
Act, the Registrar may request the Examiner to conduct a further search or 
other investigation to determine whether the requirements of section 14 of the 
Act have been satisfied and subregulation (3) shall apply in relation to such 
further search or other investigation. 
(5) Where section 30(3) of the Act applies, the Registrar shall send a copy 
of the Examiner's report to the applicant and the applicant shaH make any 
observation on such report or any amendment to the application or both 
within three months from the date of mailing of the report. IP/NIIIMYS/P/1 
Page 73 
(6) Where the applicant makes any observation on the Examiner's report 
or any amendment to the application or both within the prescribed period, the 
Registrar shall refer them to the Examiner who shall report his determination 
to the Registrar. 
(7) Without prejudice to the foregoing provisions, the prescribed period 
for compliance with the substantive requirements shall be five years from the 
filing date of the application. 
28. Notification of refusal of application. 
Where an application is refused under section 29(2), 30(3), 30(6), 31(1) 
or 85 of the Act, the Registrar shall notify the applicant in writing of that 
decision and shall state the reasons therefor. 
29. Certificate of grant of patent. 
(1) The certificate of the grant of a patent referred to in section 31(2)(a) 
of the Act shaH contain-
(a) the number of the patent; 
( b) the name and address of the owner of the patent; 
(c) the name of the inventor (except where he has indicated he does 
not wish to be named); 
(d) the filing date and the priority date, if any, of the application; 
(e) the date of the grant of the patent; and 
if) the title of the invention. 
(2) (Deleted). 
30. Contents of patent. 
The patent granted pursuant to section 31 (2) of the Act shall contain­
(a) the number of the patent; 
( b) the name and address of the owner of the patent; 
(c) the name and address of the inventor (except where he has indi-
cated he does not wish to be named); 
(d) the name and address of the agent, if any; 
(e) the filing date of the application; 
if) the priority date of the application, if any, and the name of the 
country or countries in which or for which the earlier application 
was filed; 
(g) the date of the grant of the patent; 
(h) the title of the invention; 
(i) the symbol of the International Patent Classification; 
(j) the abstract; 
(k) the description; 
(l) the claims; and 
(m) an the drawings, any. lIMYS/PIl 
Page 74 
31. Register. 
(1) The Register shall be kept in such form and on such medium as the 
Registrar may determine. 
(2) The Register shall contain the particulars specified in paragraphs (a) 
to (j) of regulation 30. 
31A. Request for certified copies of or extracts from Register, etc. 
A request for certified copies or extracts for the purposes of sections 33, 
33A(2), 34 and 83A of the Act shall be made to the Registrar on Form 5e 
together with the payment of the prescribed fee. 
3IB. Amendment of Register. 
0) A request under section 33B of the Act to amend the Register shall 
be made to the Registrar on Form 5D together with the payment of the 
prescribed fee. 
(2) The Registrar may require the submission of such information or 
documents, induding a written explanation by the owner of the patent, in 
support of the request for the amendment. 
32. Contents of reference to grant of patent published. in Gazette. 
A reference to the grant of a patent published pursuant to section 31 (3)( a) 
of the Act shall indicate the particulars specified in (a) to (j) of regulation 
30 as well as the most illustrative of any drawings. 
33. Annual fees. 
(1) The prescribed annual fee shaH be paid to the Registrar who shaH 
record the payment in the Register. 
(2) The lapse of a patent for non-payment of the prescribed annual fee 
shall be recorded in the Register. 
(3) Annual fees paid shall not be refundable. 
33A.Reinstatement of lapsed. patent. 
(1) A request under section 35A(l) of the Act for the reinstatement of a 
lapsed patent shall be made to the Registrar on Form 5E together with the 
payment of the prescribed fee. 
(2) The Registrar may require the submission of such information or 
documents, including a written explanation by the person making the 
request, in support of the request for the reinstatement of the lapsed 
patent 
(3) Where a case for reinstatement has not been made out to the satisfac­
tion of the Registrar, he shall notify the person making the request in writing 
of that fact and shall state the reasons therefor and shaH give the person 
making the request an opportunity to be heard. IP/N/l/MYS/PIl 
Page 75 
(4) Upon receipt of a notification under subregulation (3), the person 
making the request may, within one month from the date of the mailing of 
the notification, request for a hearing. 
(5) Where the Registrar receives a request for a hearing under subregulation 
(4), he shall give the person making the request an opportunity to present 
his case and shall thereafter give his decision. 
(6) Where no request for a hearing is received within the prescribed period 
where the person making the request does not appear on the date fixed for 
the hearing of the request the Registrar shall refuse the request for reinstate­
ment and shall inform the person making the request in writing of that 
decision. 
(7) Where a case for reinstatement has been made out to the satisfaction 
of the Registrar, he shall notify the person making the request in writing of 
that fact. 
(8) Upon receipt of a notification under subregulation (7), the person 
making the request shall, within one month from the date of the mailing of 
the notification, pay to the Registrar all annual fees due and the prescribed 
surcharge for reinstatement. 
(9) The Registrar shall, upon receipt of the annual fees due and the 
prescribed surcharge for reinstatement, reinstate the patent; and the date of 
reinstatement shall be recorded in the Register. 
3313. Protection of persons who exploit lapsed patents. 
(1) Any person who has exploited or taken definite steps, by contract or 
otherwise, to exploit a patent after it is notified in the Gazette that the patent 
has lapsed and before it is notified in the Gazette that the patent has been 
reinstated may request for a licence to exploit the patented invention. 
(2) A request under subregulation (1) shall be made to the Registrar on 
Form 5F. 
(3) A copy of the request shall be served on the owner of the patent. 
(4) The Registrar may require the person making the request or the owner 
of the patent or both to appear before him for the purpose of giving a 
statement or submitting any document or other information. 
(5) The Registrar may, where he is satisfied that a licence to exploit the 
patented invention should be granted, grant a licence to the person making the 
request subject to such terms and conditions as the Registrar deems fit and 
the owner of the patent shall be deemed to have consented to such grant 
(6) The Registrar shall inform the person making the request and the 
owner of the patent in writing of his decision. 
33c. O:m.version of appHcatiomL 
(1) A request under section 17B (3) of the Act to convert an application for 
a patent into an application for a certificate for a utility innovation or to 
convert an (l.oplication for a certificate for a utility innovation into an appli­
cation for a patent shaH be made to the Registrar on Form 5G together with 
the Davment of the prescribed fee. fP/N/lIMYS/PIl 
Page 76 
(2) Where a case for conversion has been made out to the satisfaction 
of the Registrar, he shaH notify the person making the request in writing of 
that fact. 
(3) Upon receipt of a notification under subregulation (2), the person 
making the request shall, within one month from the date of the mailing of 
the notification, pay to the Registrar-
(a) in the case of a request to convert an application for a patent into an 
application for a certificate for a utility innovation, the prescribed 
fee payable under regulation 45; 
( b) in the case of a request to convert an application for a certificate for 
a utility innovation into an application for a patent, the prescribed 
fee payable under regulation 7. 
(4) For the avoidance of doubt it is declared that where an application has 
been converted in accordance with this regulation, the prescribed fee paid 
on the original application shall not be refundable. 
PART III 
RIGHTS OF OWNER OF PATENT 
34. Application to record assignment or transmission. 
(1) Any application under section 39(2) of the Act to record in the Regis­
ter the assignment or transmission of a patent application or a patent shall 
be made to the Registrar on Form 6 together with the payment of the pre­
scribed fee. 
(2) The application shall be signed, in the case of an assignment, by or on 
behalf of the parties to the transfer and, if the case of a transmission, by or 
on behalf of the person entitled to the patent application or patent. 
(3) The application shall be accompanied by documents proving to the 
satisfaction of the Registrar the change of ownership. 
(4) When subregulations (1) to (3) have been complied with, the Registrar 
shall record the assignment or transmission in the Register. 
(5) Where a change in ownership related to a patent, a reference thereto 
shall also published in the Gazette. 
35. Entry in Register that any person may obtain a licence. 
0) An application under section 42(1) of the Act shall be made on 
Form 7 together with the payment of the prescribed fee. 
(2) An application under section 42(6) of the Act shaH be made on 
Form 8 together with the payment of the prescribed fee. 
36. Request to recoll"d palrticuhu-s of licence contracts. 
A request under section 42(4) of the Act shall be made to 
Form 9 together with the payment the prescribed fee. Registrar on IP/N/l/MYS/PIl 
Page 77 
37. Request to record expiry or termination of recorded licence contracts. 
A request under section 47(a) of the Act shall be made to the Registrar 
on Form 10 together with the payment of the prescribed fee. 
PART IV 
COMPULSORY LICENCES 
38. Application for compulsory licence. 
An application under sections 49 and 49A of the Act shall be made to the 
Registrar on Form 11 together with the payment of the prescribed fee. 
39. Procedure for grant of compulsory licence. 
(1) The Registrar shall, within three months from the date of the applica­
tion, examine whether the requirements of section 50( 1) of the Act and 
regulation 38 are satisfied and, if the requirements are satisfied, send a copy 
of the application to the licensor and licensee and invite the licensor or 
licensee, as the case may be, to make any observations. 
(2) The Registrar shaH give the notice required by section 50(2) of the 
Act, in writing, not later than three months before the date set for the Board 
to consider the application. 
40. Notification of the Board's decision. 
(1) The Registrar shall notify in writing any party required to appear 
before the Board under section 51(1) of the Act not later than one month 
before the date set for the appearance. 
(2) Within one month from the date the Board makes its decision, the 
Registrar shall notify the applicant, the licensor or the licensee, as the case 
may be, of the decision and shall record the decision in the Register setting 
out the following particulars: 
(a) the name and address of the applicant; 
( b) the date of filing of the application; 
(c) the applicable statutory provision under which the application was 
made; 
(d) the title of the patented invention; 
( e) the number and date of the grant of the patent in question; 
(j) the date and pature of the decision; and 
(g) if a compulsory licence was granted, the particulars referred to in 
section 52 of the Act. 
(3) The Registrar shall publish the decision of the Board under section 
51 Cl) of the Act in the Gazette setting out the particulars mentioned in 
paragraphs (a) to (j) of subregulation (2). 
41. Amendment and cancellation of compulsory licence, 
(l) The request under section 54( 1) of the Act to amend the decision 
granting a compulsory licence shaH be made to the Registrar on Fonn 12 
together with the payment of the prescribed fee. fPINIlIMYSIPll 
Page 78 
(2) The request under section 54(2) of the Act to cancel a compulsory 
licence shall be made to the Registrar on Form 13 together with the payment 
of the prescribed fee. 
(3) The procedure set out in sections 50 and 51 of the Act and in regula­
tions 38, 39 and 40 shall apply, to the extent relevant, for amending or 
cancelling a compulsory licence. 
42. Surrender of compulsory licence. 
(1) The written declaration of surrender of a compulsory licence under 
section 54 (3) of the Act shall be accompanied by the payment of the pre­
scribed fee. 
(2) The Registrar shall record the surrender in the Register and notify the 
owner of the patent as required by section 54(3) within one month from the 
date ofreceipt of the declaration of surrender. 
(3) The Registrar shall publish the surrender as required by section 54(3) 
of the Act in the Gazette. 
PART V 
SURRENDER AND INVALIDATION 
43. Su.rrender of patent. 
The written declaration of surrender of a patent under section 55( 1) of 
the Act shall be accompanied by the payment of the prescribed fee. 
44. Invalidation of patent. 
(1) The owner of the patent shall notify any licensees of any proceedings 
brought under section 56 of the Act. 
(2) The person requesting the invalidation shaH notify any beneficiaries 
of compulsory licences of any proceedings brought under section 56 of the 
Act. 
PART VI 
UTILITY INNOVATIONS 
45. Certificate for a utility innovation. 
(1) An application for the grant of a certificate for a utility innovation 
under Part IVA of the Act shall be made to the Registrar on Form 14 together 
with the payment of the prescribed fee. 
(2) An application to extend the term of a certificate for a utility innova­
tion shall be made to the Registrar on Form 15 together with the payment of 
the prescribed fee. 
(3) The provisions of these Regulations, except regulation 19 and Part IV, 
shall apply to utility innovations to the extent relevant. IP/N/I/MYS/P/1 
Page 79 
(4) In the forms made applicable to utility innovations under subregulation 
(3), "certificate" means a certificate for a utility innovation. 
45A. Interpretation. PART VIA 
PATENT AGENTS 
In this Part, unless the context otherwise requires-
"Board of Examiners" means the board of Examiners of Patent Agents 
established under regulation 45G; 
"Secretary-General" means the Secretary-General of the Ministry charged 
with the responsibility for the development of industrial property. 
45s. Representation in proceedings. 
(1) Unless the Act or any regulation made thereunder otherwise pre­
scribes, or the Registrar otherwise directs, any person may be represented in 
proceedings before the Patent Registration Office by a patent agent who may 
attend, file documents and sign documents on that person's behalf. 
(2) The appointment or change of a patent agent shall be made on Form 
17, signed by the person or persons to be represented by the agent and 
submitted to the Registrar. 
45c. Registration of patent agents. 
(1) An application to be registered as a patent agent in the Register of 
Patents Agents shall be made to the Registrar on Form 18 together with the 
payment of the prescribed fee. 
(2) In order to be registered in the Register of Patents Agents, the appli­
cant shall satisfy the Registrar-
(a) that he is domiciled in or is a permanent resident of Malaysia; 
(b) that he is an advocate and solicitor of the High Court in Malaya or 
an advocate of the High Court in Sabah and Sarawak, or has a 
relevant degree or its equivalent in an appropriate branch or engi­
neering or science from an institution of higher learning approved 
by the Board of Examiners, or has qualifications entitling him to 
graduate membership of a professional engineering or scientific 
in~titution or the like recognized by the Board of Examiners; and 
( c) that he has passed the examination specified in regulation 45D. 
(3) The Registrar may, at any time, require proof of the matters specified 
in paragraphs (a), (b) and (e) of subregulation (2). 
(4) The Registrar may refuse to register any person who has been con­
victed of an offence involving fraud or dishonesty. 
(5) The Registrar, upon being satisfied that the applicant qualifies to be 
registered in the Register of Patents Agents, shaH register the applicant for a 
term expiring on the 31st December of that year. IP/NIl/MYS/P/l 
Page 80 
45D. Examination for patent agents. 
(1) For the purposes of regulation 42c(2)(c), the board of Examiners 
shall conduct an examination which shall consist of the following subjects: 
(a) technology; 
(b) Malaysian patent law and practice; 
(c) Malaysian trade mark and designs law and practice; and 
(d) foreign industrial property law and practice. 
(2) An application for registration as a candidate for the examination 
specified in subregulation (1) shall be made to the Board of Examiners on 
Form 18A together with the payment of the prescribed fee. 
(3) An application under subregulation (2) shall be sent to the Secretary 
to the Board of Examiners at the Patent Registration Office on or before 
the date determined by the board of Examiners for the submission of such 
applications. 
(4) A candidate shall be required to sit for each of the subjects specified 
in subregulation (1) at a sitting of the examination. 
(5) A candidate who has sat for and failed to pass any of the subjects 
specified in subregulation (1) may, if he is dissatisfied with his results, appeal 
to the Secretary-General for re-scrutiny of the results within fourteen days 
from the date of the notification of such results together with the payment 
of the prescribed fee. 
(6) Upon receipt of an appeal under subregulation (5), the Secretary­
General shall consider the appeal and make a decision thereon. 
(7) The decision of the Secretary-General shall be final and conclusive. 
(8) A candidate who has sat for and failed to pass any or all of the subjects 
specified in subregulation Cl) at an examination may apply to re-sit such 
subject or subjects, as the case may be, at the next sitting of the examination 
and such application shall be made to the Board of Examiners on Form 18B 
together with the payment of the prescribed fee. 
(9) Any candidate who has failed to pass an of the subjects specified in 
subregulation (1) after three attempts shall be deemed to have failed the 
overall examination and subregulations (5), (6), (7) and (8) shall not apply 
thereto. 
(10) Any candidate who is deemed to have failed the overall examination 
under subregulation (9) may re-apply to be registered as a candidate under 
subregulation (2). 
45E.Renewal of registration of patent agents. 
(1) An application for the renewal of registration as a patent agent shall be 
made to the Registrar on Form 19 together with the payment of the prescribed 
fee by the 31st January of each year: 
Provided that in the case of a person who immediately before the date of 
coming into force of this regulation was registered as a patent agent the 
application for the renewal of registration as a patent agent shall be made 
within thirty days of the expiry of the registration. IPlNll/MYS/P/l 
Page 81 
(2) The Registrar shall, upon being satisfied that the conditions specified 
in regulation 45c continue to be satisfied, renew the registration of the 
patent agent for a term expiring on the 31 st December of that year: 
Provided that a person who immediately before the date of coming into 
force of this regulation was registered as a patent agent shall be deemed to 
have satisfied the conditions specified in regulation 45c (2)( c). 
(3) Notwithstanding subregulation (2), the Registrar may refuse to renew 
the registration of any person who has been convicted of an offence involving 
fraud or dishonesty. 
4SF, Cancellation of registration of patent agents. 
(1) The Registrar may cancel the registration of any person who has been 
convicted of an offence involving fraud or dishonesty. 
(2) Where the registration of any person is cancelled under this regulation 
no fees paid for the purpose of registration or renewal of registration shall 
be refundable. 
4SG. Board of Examiners of Patent Agents, 
(1) There is established a Board of Examiners of Patent Agents which 
shall consist of-
(a) the Registrar of Patents, who shall be Chairman; and 
( b) four other persons proficient in the field of industrial property 
appointed by the Secretary-General. 
(2) An officer of the Patent Registration Office shall be Secretary to the 
Board of Examiners. 
(3) A member of the Board of Examiners appointed under subregulation 
(l)(b) shall, unless his appointment is sooner revoked or he sooner resigns, 
hold office for such period not exceeding three years as the Secretary­
General may determine and shall be eligible for reappointment. 
(4) At a meeting of the Board of Examiners three members shall form a 
quorum. 
(5) In the absence of the Chairman, a member nominated by the Chair­
man shall preside at the meeting and such member may exercise all the 
powers of the Chairman in respect of that meeting. 
(6) If on any question to be determined there is an equality of votes, 
the Chairman shall have the casting vote in addition to his deliberative 
vote. 
(7) The Board of Examiners shall be responsible for-
(a) the conduct of the examination specified 111 regulation 
45D; 
(b) preparing and publishing the examination syllabus and 
determining the study material to be recommended; 
( c) preparing examination papers; 
(d) registering and admitting candidates; IP/NIl/MYS/PIl 
Page 82 
(e) determining the time, date and place for the examination; 
(j) awarding certificates; and 
(g) advising the Registrar as to the persons who have satisfied 
the requirements of paragraphs (b) and ( c) of su bregulation 
45c(2). 
(8) The Board of Examiners shall enjoy the prerogative of awarding and 
withdrawing certificates, withholding and cancelling the results of any 
candidate, and barring any person from taking the examination. 
45H. Setting, assessing and marking of examination questions and 
answers. 
(1) The Board of Examiners may appoint suitably qualified persons to be 
examiners for the purpose of setting, assessing and marking questions or 
answers for the examination specified in regulation 450. 
(2) The Board of Examiners may give such instructions in relation to the 
setting, assessing and marking of questions or answers as it considers neces­
sary. 
(3) The examiners appointed under subregulation (1) shall be paid such 
allowances as the Minister may direct. 
PART VII 
MISCELLANEOUS 
46. Amendment of application. 
A request under section 79(1) of the Act to correct a clerical error or 
obvious mistake in an application for the grant of a patent shall be made to the 
Registrar on Form 16 together with the payment of the prescribed fee. 
46A. Amendment of patent. 
A request under section 79 A( 1) of the Act to correct a clerical error or 
obvious mistake in a patent or any other document associated with the 
patent, or to amend a patent or any other document associated with the 
patent for any other reason shall be made to the Registrar on Form 16A 
together with the payment of the prescribed fee. 
47. Hearing. 
(1) The Registrar shall give the person entitled to a hearing pursuant 
to section 81 of the Act not less than one month's notice of the date of 
hearing. 
(2) Within twenty-one days of the date of the notice, the person notified 
shall inform the Registrar whether he desires to be heard. 
(3) If the person notified fails to inform the Registrar within twenty­
one days of his desire to be heard, the Registrar may proceed to exercise his 
power in the absence of such person. IMYS/P/l 
(4) The Registrar may invite an Examiner to assist him in the hearing, 
48. (Deleted). 
49. (Deleted). 
50. Signatures by partnerships, companies and associations. 
(1) A document purporting to be signed for or on behalf of a partnership 
shall contain the names of an the partners in full and shall be signed-
Ca) by an the partners; or 
(b) by any qualified partner stating that he signs on behalf of the 
partnership; or 
(c) by any other person who satisfies the Registrar that he is authorized 
to sign the document. 
(2) A document purporting to be signed for or on behalf of a body 
corporate shall be signed-
(a) by a director or the secretary or other principal officer of the body 
corporate; or 
(b) by any other person who satisfies the Registrar that he is authorized 
to sign the document. 
(3) A document purporting to be signed for or on behalf of an association 
of persons may be signed by any person who appears to the Registrar to be 
duly qualified. 
51. Address for service. 
(1) Every person concerned with any proceedings under the Act or any 
regulation made thereunder and every owner of a patent shall furnish to the 
Registrar, on Form 20 together with the payment of the prescribed fee, an 
address for service in Malaysia, which may be treated for all purposes con­
cerning or connected with such proceedings or patent as the address of the 
person concerned. 
(2) Notwithstanding subregulation (1), where a patent agent has been 
appointed, the address for service shall be the address of the patent agent 
(3) The furnishing of Form 20 is not required if the address for service 
has already been furnished in any other Form in Schedule n to these Regu­
lations, and that address for service has not changed in any way. 
52. Service by post. 
(1) Any notice, application or other document sent to the Registrar by post 
shall be deemed to have been given, made or filed at the time when it would 
have been delivered in the ordinary course of the post. 
(2) For the purpose of proving that a notice, application or other document 
has b'een sent to the Registrar by post, it shall be sufficient to prove that the 
letter containing such notice. application, or other document was addressed 
and sent by registered post. Page 83 IP/N/l 
Page 84 
53. Request for extension of time. 
A request under section 82 of the Act shall be made to the Registrar on 
Form 21 together with the payment of the prescribed fee. 
SCHEDULE I 
(Regulation 2(2) 
FEES 
PART I 
(1) (2) 
Item Matterl 
No. Proceeding 
1. (a) Request for grant of patent 
(b) Claims 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 16. 
17. 
18. 
19. 
20. 
21. 
22. (i) for first ten claims 
(ii) for every additional claim 
Declaration of withdrawal of application 
Request for substantive examination 
Request for modified substantive 
examination 
Request for deferment of filing of request 
for examination or provision of information 
Request for certified copies or extracts 
Request to amend Register 
Request for reinstatement of lapsed 
patent 
Request for licence to exploit patented 
invention 
Request to convert application for patent 
into application for certificate for utility 
innovation or vice versa 
Application for recording of assignment 
or transmission 
Application for entry in Register 
that any person may obtain a licence 
Application for cancellation of entry in 
Register that any person may obtain a licence 
Request for recording of particulars of 
licence contract in Register 
Request for recording expiry or termination 
of licence contract in Register 
Application for compulsory Jicence 
Request for amendment of decision 
granting compulsory licence 
Request for cancellation of 
compulsory licence 
Application for grant of certificate 
for utility innovation 
Application to extend term of 
certificate for utility innovation 
Request to amend application for 
grant of patent 
Request to amend patent (3) 
Fee 
(RM) 
200.00 
Nil 
10.00 per claim 
700.00 
450.00 
50.00 
50.00 
100.00 
200.00 
100.00 
50.00 
50.00 
100.00 
75.00 
75.00 
75.00 
75.00 
100.00 
100.00 
50.00 
50.00 (4) 
Corresponding 
Form 
Form 1 
Form 2 
Form 5 
Form SA 
Form Ss 
Form Se 
Form 5D 
Form SE 
Form 5F 
Form 50 
Form 6 
Form 7 
Form 8 
Form 9 
Form 10 
Form 11 
Form 12 
Form 13 
Form 14 
Form 15 
Form 16 
Form 16A (1) 
item 
No. 
23. 
24. 
25. 
26. 
27. 
28. 29. 
30. 
(1) 
Item 
No. (2) 
Matter! 
Proceeding 
Appointment or change of patent 
agent 
Application for registration of 
patent agent 
Application for registration as 
candidate for examination 
Application to re-sit examination 
Examination fee 
Application for renewal of 
registration of patent agent 
Furnishment of address for service 
Request for extension of time 
(2) 
Matter! 
Proceeding PART n 
1. Copy of patent 
2. Copy of search report 
3. Examination of Register 
4. Certified extract from Register 
5. Photocopy of extract from Register 
6. Inspection of file relating to patent or 
patent application 
7. Certified extracts from file relating to 
patent or patent application-
(a) for first five pages 
(b) for every additional page 
8. Annual fee for patent: 
Ca) for second year 
(b) for third year 
(c) for fourth year 
(d) for fifth year 
(e) for sixth year 
(f) for seventh year 
(g) for eighth year 
(h) for ninth year 
(0 for tenth year 
(j) for eleventh year 
(k) for twelveth year 
(I) for thirteenth year 
(m) for fourteenth year 
(n) for fifteenth year 
9. Surcharge for reinstatement (3) 
Fee 
(RM) 
2000.00 
100.00 100.00 
100.00 
per subject 
400.00 
100.00 
200.00 lP/NI! IMYS/PIl 
Page 85 
(4) 
Corresponding 
Form 
Form 17 
Form 18 
Form 18A 
Form 18B 
Form 19 
Form 20 
Form 21 
(3) 
Fee 
(RM) 
30.00 
20.00 
10.00 per hour 
10.00 per page 
2.00 per page 
10.00 per hour 
10.00 per page 
2.00 per page 
200.00 
250.00 
300.00 
350.00 
400.00 450.00 
500.00 
550.00 
600.00 
650.00 
700.00 
800.00 
900.00 
1100.00 
100% 
of fee for year 
concerned lP/Nil IMYS/PI [ 
Page 86 
Item Matter! 
No. Proceeding 
10. Surrender of compulsory licence 
1l. Surrender of patent 
12. Annual fee for certificate for utility 
innovation: 
(a) for third year 
(b) for fourth year 
(c) for fifth year 
(d) for sixth year 
(e) for seventh year 
if) for eighth year 
(g) for ninth year 
Ch) for tenth year 
(i) for eleventh year 
(j) for twelveth year 
(k) for thirteenth year 
(I) for fourteenth year 
(m) for fifteenth year 
13. Holding of hearing 
14. Certificate of grant of a patent 
15. Certificate for a utility innovation 
16. Appeal against examination results 
17. Extension of time (for every month or 
part of a month) Fee 
(RM) 
60.00 
60.00 
120.00 
160.00 
160.00 
200.00 
200.00 
240.00 
240.00 
280.00 
400.00 
600.00 
700.00 
800.00 
1000.00 
100.00 
150.00 
100.00 
200.00 per subject 
50.00 per month 
SCHEDULE 
(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 
Malaysia 
Please submit this Form in duplicate 
together with the prescribed fee. FORMS 
For Official Use 
Application received on: ............................................ . 
Fee received on: ........................................................ .. 
Amount: ...................................................................... . 
-Cheque/Postal Order/Money Order/Draft/Cash 
No.: ........................................................................... . 
Applicant's file reference 
THE ApPLlCA.'-rr (8) REQUEST (s) THE GRANT OF A PATENT IN RESPECT OF THE FOLLOWING 
PARTICULARS: 
1. Title of Invention: ................................................................................................................... . 
• Delete whichever does not apply. IPrf\T1lIMYS/PI 1 
Page 87 
n. ApPUCATION(S) (the data concerning each applicant must appear in this box or, if the space is 
insufficient, in the space below): 
Name: .......................................................................................................................................... .. 
I.C./Passport No: .......................................................................................................................... . 
Address: ....................................................................................................................................... .. 
Address for service in Malaysia: ................................................................................................ .. 
Nationality: .................................................................................................................................. . 
* Permanent residence or principal place of business: 
Telephone Number 
(if any) 
Additional Information (if any) 
m. INVENTOR: 
Applicant is the inventor 
If the applicant is not the inventor: Fax Number 
(ifany) 
Yes c=J No c=J 
Name of inventor: .................................................................................................................... . 
Address of inventor: ................................................................................................................ . 
A statement justifying the applicant's right to the patent accompanies this Form: 
Yes c=J 
Additional Information (if any) 
IV. AGENT OR REPRESENTATIVE: 
Applicant has appointed a patent agent in accompanying Form 
No.n No c=J 
Yes c=J 
No c=J 
Agent's Registration No.: ........................................................................................................ . 
Applicants have appointed ....................................................................................................... . 
to be their common representative. 
• Delete whichever does not apply. IP/N/I/MYS/P/l 
Page 88 
V. DIVISIONAL ApPLICATION: 
This application is a divisional application 
The benefit of the filing date priority date 
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: 
Ca) Disclosure was due to acts of applicant or his predecessor in title 
Date of disclosure: .......................................................................... . 
(b) Disclosure was due to abuse of rights of applicant or his predecessor 
in title 
Date of disclosure: .......................................................................... . 
A statement specifying in more detail the facts concerning the 
disclosure accompanies this Form 
Additional Information (if any) 
VU. PRIORITY CLAIM (if any): 
The priority of an earlier application is claimed as follows: Yes 
No 
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 
The priority of more than one earlier application is claimed: 
Yes c=J No c=J 
The certified copy of the earlier application (s) accompanies this Form: 
Yes c=J No c=J 
If No, it will be furnished by ............................................................................... (date) 
Additional Infonnation (if any) VUI. CHECK L!ST: 
A. This application contains the following: 
1. request IP/NI1 iMYS/PI 1 
Page 89 
2. description . ............................................................................................... sheets 
3. claim .. .............................................................................................. sheets 
4. abstract . ............................................................................................... sheets 
5. drawings 
Total . ............................................................................................... sheets 
................................................................................................ sheets 
B. This Form. as filed, is accompanied by the items checked below: 
(a) signed Form No. 17 
(b) declaration that inventor does not wish to be named in the 
patent 
(e) statement justifying applicant's right to the patent 
(d) statement that certain disclosures be disregarded 
(e) priority document (certified copy of earlier application) 
(/) cash, cheque, money order, banker's draft or postal order for 
the payment of application fee 
(g) other documents (specify) 
IX. SIGNATURE ................................................................... . 
**(ApplicantIAgent) (Date) D 
D 
D 
D 
D 
D 
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: 
Patents Form No. 2 
PATENTS ACT 1983 
DECLARATION OF WITHDRAWAL OF 
ApPLICATION 
(Regulations 24 and 45(3» 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit this Form in duplicate. 
L IN THE MATTER OF: 
Patent Application No.: For Official Use 
ApPLICATION No: ............................................ .. 
Filing Date: .................................................. .. 
Declaration received on: .............................. .. 
Date of mailing: ........................................... .. 
Applicant's or Agent's file reference 
Filing Date: ...................................... . 
Certificate Application No.: ......................... .. Filing Date: ...................................... . Page 90 
H. ApPLICANT (3): 
Name 
Address .... ~ .............. ~ ................................................. ~~ .... ~ ....... " .............................. ....... -. 
.......... " .......................................................................................................... . 
HI. DECLARATION: 
* I/We declare *my/our desire that the above-identified application be withdrawn under 
section 25 of the Patents Act 1983. 
IV. SiGNATURE ......................................................... . 
** (Applicant/Agent) (Date) 
If Agent, indicate Agent's Registration No: 
Patents Form No. 5 
PATENTS Aa 1983 
REQUEST FOR SUBSTANTIVE 
EXAMINA nON 
(Regulations 27(1) and 45(3» 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit this Form in duplicate 
together with the prescribed fee. 
1. IN THE MA TIER OF: 
Patent Application No.: For Official Use 
ApPLlCATION'No.: ............................................ . 
Filing Date: ................................................... . 
Request received on: ..................................... . 
Fee received on: ............................................ . 
Amount: ......................................................... . 
*ChequeIPostal Order/Money OrderlDraft/Cash 
No.: ................................................................. . 
Date of mailing: ............................................ . 
Applicant's or Agent's file reference 
Filing Date: ......................................... .. 
Certificate Application No.: ......................... . Filing Date: ........................................ . 
H. ApPLICANT (s): 
Name 
Address 
m. REQUEST: oo .. ~ •• 0 •••• ~" .... " •••••• 000"'.0" .................... 00. 0 ••••••• " ••••••• " •••• 0 .... " •••••••••••••••• " •• ,H ••••••••• o' •••••••• 
The applicant (s) request (5) the Registrar to refer the patent application identified 
above to an Examiner for a substantive examination in accordance with section 29A(l) of 
the Patents Act 1983. 
Delete whichever does no! apply. 
$* Type name under signature. Pursuant 10 regulation 24, a declaration of withdrawal mUSI be signed by Ihe applicant (s) 
or by Ihe agent so 2ulhorized for Ihat specific purpose. IPINIl/MYS/PIl 
Page 91 
rv. ADDlTlONAL INFORMATION accompanies this Form: 
Yes D No D 
IV. SiGNATURE ......................................................... . 
** (Applicant/Agent) (Date) 
If Agent, indicate Agent's Registration No: 
Patents Form No. SA 
PATENTS Acr 1983 
REQUEST FOR MOD !FlED 
SUBSTANTIVE EXAMINATION 
(Regulations 27 A(1) and 45(3» 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Mala sia 
Please submit this Form in duplicate 
together with the prescribed fee. 
1. IN THE MATTER OF: 
Patent Application No.: For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ., ................................................. . 
Request received on: .................................... .. 
Fee received on: ............................................ . 
Amount: ......................................................... . 
*Cheque!postal Order!Money Order/DraftlCash 
No.: ................................................................. . 
Applicant's or Agent's file reference 
Filing Date: 
Certificate Application No.: .......................... .. Filing Date: 
n. ApPLICANT (s): 
Name 
Address 
m. REQUEST: 
The applicant (s) request (s) the Registrar to refer the patent application identified 
above to an Examiner for a modified substantive examination in accordance with section 
29A(2) of the Patents Act 1983. 
IV. PRESCRIBED FOREIGN FA TENT: 
I provide herewith a certified copy of the specification of Patent No.: .......................................... . 
granted in ....................................................... on ................................. , .......................... . 
Copy of granted patent from: >1< UK/US/EP/AustraHa 
Delete whichever does nol apply. 
*-Type name under signature and delete whichever doos not apply. JP/NllIMYS/PIl 
Page 92 
Amendments in accordance with regulation 27A(3)(b) accompany this form. 
Yes D No D 
VI. SIGNATURE ......................................................... . 
** (Applicant/Agent) (Date) 
If Agent, indicate Agent's Registration No: ................................................................... .. 
Patents Form No. Ss 
PATENTS Acr 1983 
REQUEST fOR DEFERMENT OF FILING OF REQUEST 
FOR ExAMINATION OR PROVISION OF INFoRMATION 
(Regulations 278(1) and 45(3) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit this Form in duplicate. For Official Use 
ApPLfCATION No.: ............................................ . 
Filing Date: .................................................. .. 
Request received on: ..................................... . 
Applicant's or Agent's file reference 
Patent Application No.: .................................................... Filing Date: ......................................... . 
Certificate Application No.: ............................................. Filing Date: ......................................... . 
n. APPUCANT (5): 
Name 
Address 
m. REQUEST: 
*(a) The applicant requests deferment of the filing of a request for examination referred to in 
section 29A(l) or 29A(2) of the Patents Act 1983. 
Particulars of the $patent/certificate application for essentially the same invention referred 
to in section 29A(2) of the Patents Act 1983 are as follows: 
Name of COWltry: 
Application No.: 
$ Delete whichever dces 001 2Wly. 
". Type !'MOO under signature and delete whichever does \'lol apply. Date Application Lodged: !PIN/ J /MYS/P/] 
Page 93 
I certify that a *patentlcertificate has not been granted in .................................................. or 
is not available in respect of the above application. 
or 
(b) The applicant requests deferment of the provision of the *information/supporting document 
referred to in section 29A(4) of the Patents Act 1983. 
I certify that the *information/supporting document is not available in respect of the above 
application. 
IV. AnnmoNAL L"IFORMATION accompanies this Form: 
Yes D No 
V. SIGNATURE .................................................................. .. 
** (Applicant/Agent) (Date) 
If Agent, indicate Agent's Registration No: ........................................................................ .. 
Patents Form No. 5c 
PATENTS ACT 1983 
REQUEST FOR CERTIFIED COPIES 
OR EXTRACTS 
(Regulations 31A and 45(3)} 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. 
I. APPLICANT: 
Name 
Address : 
n. REQUEST: For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: .................................................. .. 
Request received on: ..................................... . 
Fee received on: ............................................ . 
Amount: ......................................................... . 
*Cneque!Postal OrderfMoney Order/Draft/Casn 
No.: ................................................................. . 
Applicant'S or Agent's file reference 
The applicant requests the Registrar to issue a certified copy/extract of the matter specified below 
in accordance with section 33/33A(2)/34/83A of the Patents Act 1983: 
In. SIONATVRE .................................................................. . 
** (Applicant/Agent) (Date) 
If Agent, indicate Agent's Registration No: ......................................................................... . 
* Delete whichever does not apply. 
* .. Type name under signature and delete whichever does no! apply. fP/N/l/MYS/PI1 
Page 94 
Patents Form No. 5D 
PATEl:',S ACT 1983 
REQUEST TO AMEND REGISTER 
(Regulations 31 B (l) and 45(3» 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit this Form in duplicate 
together with the prescribed fee. 
I. IN THE MA ITER OF: For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: .................................................. .. 
Request received on: ...................................... 
Fee received on: ............................................. 
Amount: ......................................................... . 
*Cheque!Postal Order!Money OrderIDraft/Cash 
No.: ................................................................. . 
Applicant's or Agent's file reference 
Patent No.: ........................................................ Date of Grant: .................................................... . 
Certificate No.: ................................................. Date of Grant ................................................... .. 
n. OWNER (s): 
Name 
Address 
m. REQUEST: 
The owner (s) request (s) the Registrar to amend the Register in accordance with section 33a of 
the Patents Act 1983 by-
*( a) correcting an error in the *name/address of the owner (s); or 
(b) changing the *name/address of the owner (s) 
in respect of the above identified *patent/certificate. 
IV. * CORRECTED/CHANGED * NAME/ADDRESS OF OWNER (s): 
Name 
Address 
V. SiGNATURE ............................................................ . 
** (Owner (s)/Agent) (Date) 
If Agent, indicate Agent's Registration No: ................................................................................... .. 
Delete whichever does not apply. 
•• Type name under signarure and delete whichever does not apply. Patents Form No. SE 
PATENTS Ac:r 1983 
REQUEST FOR REINSTATEMENT OF LAPSED 
PATENT 
(Regulations 331. (1) and 45(3)) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpl.lr 
Malaysia 
Please submit this Form in duplicate 
together with the prescribed fee. 
1. IN THE MATTER OF: For Official Use IPlN/1/MYS/P/1 
Page 95 
A!>PLlCATION No.: ........................................... .. 
Filing Date: ................................................... . 
Request received on: ..................................... . 
Surcharge received on: ................................. .. 
Amount: ........................................................ .. 
Annual fees due received on: ...................... .. 
*Cheque!Postal Order!Money OrderlDraft/Cash 
No.: ................................................................. . 
Applicant's or Agent's file reference 
Patent No.:....................................................... Date of Grant ..................................................... . 
Certificate No.:............................................. Date of Grant: ..................................................... . 
n. OWNER. (s): 
Name 
Address 
m. REQUEST: 
The owner (5) request (s) the Registrar to reinstate the *patentlcertificate identified above in 
accordance with section 35;. of the Patents Act 1983. 
rv. EVIDENCE IN SUPPORT accompanies this Form: 
Yes D No D 
V. SIGNATURE .................................................... . 
(Date) 
**( Owner ( s)1 Agent) 
.. [k:iete whichever does oot !!pp!)'. 
0.. Type 1I!1lOO lIi11der sigrult!lre Md delele whicllever dm1; oot apply. lP/Nil IMYS/PI 1 
Page 96 
Patents Form No. SF 
PATENTS ACT 1983 
REQUEST FOR LICENCE TO EXPLOIT 
PATENTED INvENTION 
(Regulations 338(2) and 45(3» 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit this Form in duplicate. For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Application received on: ............................... . 
Applicant's or Agent's file reference 
Patent No.:............................................................. Date of Grant ................................................ . 
Certificate No.:...................................................... Dale of Grant ................................................ . 
n. OWNER (s): 
Name 
Address 
m. REQUEST: Date of Reinstatement of * Patent! 
Certificate: 
The applicant applies to the Registrar for a licence under the "'patent/certificate identified above in 
accordance with regulation 338 of the Patents Regulations 1986. 
IV. AnDmoNAL INFORMATION accompanies this Form: 
Yes No D 
V. A COpy OF THIS REQUEST HAS BEEN SERVED ON THE OWNER (s) IDENTIFIED ABOVE: 
Yes No D 
VI. SiGNATURE .................................................... . 
(Datej 
(**( Applicant( s )/Agent) 
If Agent, indicate Agent's Registration No.: ................. " ..................................................... .. 
• Delete whichever does nol apply. 
$$ Type Ml1iC under signature and delete whichever does no! apply. Patents Form No. 50 
PATENTS ACT 1983 
REQUEST TO CONVERT APPLlCA TION FOR 
PATENT INTO ApPLICATION FOR CERTIFICATE 
FOR UTILITY ANNOV A TION OR VICE VERSA 
(Regulations 33c and 45(3» 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit this Form in duplicate 
together with the prescribed fee. 
1. IN TIffi MATTER OF: 
*Patent/Certificate IPINIl 
Page 97 
For Official Use 
ApPLICATION No.: ........................................... .. 
Filing Date: .................................................. .. 
Application received on: ............................... . 
Fee received on: ............................................ . 
Amount: ......................................................... . 
"'Cheque!Postal Order!Money OrderlDraft/Cash 
No.: ............................................................... . 
Applicant's or Agent's file reference 
Application No.: .............................................................. Filing Date: ....................................... . 
n. APPLICANT (s): 
Name 
Address 
rn. REQUEST: 
The applicant applies to the Registrar for the conversion of the "'patent/certificate application 
identified above into an application for a "'certificate for a utility innovation/patent in accordance 
with section 178(3) of the Patents Act 1983. 
IV. SIGNATURE ............................................................ . 
(Date) 
(**{ Applicant! Agent) 
If Agent, indicate Agent's Registration No.: ...................................................................... .. 
" Delete which does not apply . 
• $ Type name under signature and delete whichever does not apply. IP/N/J/MYS/P/J 
Page 98 
Patents Form No. 6 
PATENTS ACT 1983 
ApPLICATION FOR RECORDING OF 
ASSIGNMENT OR TRANSMISSION 
(Regulations 34(1) and 45(3» 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit this Form in duplicate 
together with the prescribed fee. 
L IN THE MATTER OF: For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Application received on: .............................. .. 
Fee received on: ............................................ . 
Amount: ........................................................ .. 
* Cheque!Postal Order/Money Order/Draft!Cash 
No.: ................................................................ . 
Date of mailing: ............................................. . 
Applicant's or Agent's file reference 
Patent Application No.:.................................................... FilingDate: ........................................... . 
Patent No.:........................................................................ Date of Grant: ....................................... . 
Certificate Application No.:.......................................... Filing Date: ....................................... .. 
Certificate No.: ............................................................... Date of Grant ................................... .. 
n. *APPLlCANT (S)/OWNER (s): 
Name 
Address 
m. ApPLICATION: 
The new *applicant(s)!new owner(s) below *applies/apply to the Registrar to record the 
*assignment/transmission of the above identified *patent application/patent/certificate applicationl 
certificate. 
IV. *NEW APPLICANT (S)!NEW OWNER (s): 
Name 
Address 
Address for service in Malaysia: ...................................................................................................... .. 
Nationality: ....................................................................................................................................... . 
* Permanent residence or principal place of business: 
Telephone Number 
(if any) 
$ Delete whichever does no! apply. Fax Number 
(if any) V. AODmONAL INFORMATION: 
The foHowing items accompany this Form: IP/N/l/MYS/P/l 
Page 99 
(a) the original or a certified copy of the assignment signed by or on 
behalf of the contracting parties D 
D D (b) other documents evidencing the change of ownership (specify) 
(c) other (specify) 
VI. SIGNA TURB .................................................... . 
**(New Applicant/New Owner/ 
Agentfor New Applicant 
or New Owner) (Date) 
If Agent, indicate Agent's Registration No.: ......................................................................... . 
(in case of assignment) ....................................... . 
**( Applicant/Owner! (Date) 
Agent for Applicant of Owner) 
If Agent, indicate Agent's Registration No.: ........................................................................ . 
Patents Form No. 7 
PATENTS Acr 1983 
APPLICATION FOR ENTRY IN REGISTER THAT 
ANY PERSON MAY OBTAIN A LICENCE 
(Regulations 35(1) and 45(3)) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. 
L IN nm MATTER OF: For Official Use 
ApPLICATION ~o.: ........................................... . 
Filing Date: .................................................. .. 
Application received on: ............................... . 
Fee received on: ........................................... .. 
Amount: ......................................................... . 
*Cheque!Postal Order/Money OrderIDraft/Cash 
No.: ............................................................... , .. . 
Date of mailing: ............................................ .. 
Applicant's or Agent's file reference 
Patent No.: ....................... ".................................... Date of Grant: ............................................ .. 
Certificate No. :...................................................... Date of Grant : ............................................. .. 
$ Delete whichever does not apply. 
•• Type name under signature and dele!e whichever dces not apply. IP/N/1/MYS!P!l 
Page 100 
Name 
Address *o .... " .... ~ •• "._ •• .,." ........ " ......... ~ •••• " ... ~" .......... " .......................................... _ .......... " ........... H<t h ................ " .. " ., ..... ".". 
............................... " ............................................................................................................ . 
........................................................................................................................................................ 
m. AmlCATION: 
The *patent/certificate owner (5) *applies/apply to the Registrar for an entry to be made in the 
Register to the effect that any person may obtain a licence under the *patent/certificate identified 
above. (The "patent/certificate owner (s) *is/are not precluded by contract from granting licences 
under the "patent/certificate). 
IV. ADornONAL INFoRMATION accompanies this Form: 
Yes D No D 
V. SIGNATURE ............................................................ . 
(Date) 
"'''''(Applicant/Agent) 
If Agent, indicate Agent's Registration No.: .................................................................................. .. 
Patents Form No. 8 
PATENTS Acr 1983 
A!>PUCATION FOR CANCEllATION Of ENTRY IN 
REGISTER THAT ANY PERSON MAY OBTAIN 
A LICENCE 
(Regulations 35(2) and 45(3) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Application received on: .............................. .. 
Fee received on: ............................................ . 
Amount: ........................................................ .. 
*Cheque!postal Order/Money OrderJDraft/Cash 
No.: .................................................................. . 
Date of mailing: ............................................. . 
Applicant's or Agent's file reference 
Patent No. :.................................................................... Date of Grant: ........................................ . 
Certificate No. : ............................................................. Date of Grant : ....................................... .. 
* Delete whichever does ne! aWl)'. 
U Type MIne WIder signalllre and delete wltichev~ ~ not app!)!. n. LICENSOR: 
Name 
Address 
m. AwuCATION: IP/N/1/MYS/PIl 
Page 10] 
The licensor applies to the Registrar for the cancellation of the entry made that any person may 
obtain a licence. 
IV. ADDmoNAL INFoRMATION accompanies this Form: 
Yes D No D 
V. SiGNATURE ............................................................ .. 
(Date) 
**(LicensorIAgent) 
If Agent, indicate Agent's Registration No.: ..................................................................... ,. .. 
Patents Form No. 9 
PATENTS ACT 1983 
REQUEST FOR REcORDING OF P ARTIC!JLARS OF 
LICENCE CONTRACT IN REGISTER 
(Regulations 36 and 45(3)) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. 
I. IN THE MATTER Of : For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Request received on: ..................................... . 
Fee received on: ............................................ . 
Amount: ......................................................... . 
* Cheque/Postal Order/Money OrderJDraft/Cash 
No.: ................................................................. .. 
Date of mailing: .H .......................................... . 
Applicant's or Agent's file reference 
~ .~ ... ~ .... ,,~ ... ~ ...... ~ ........ ~ ••• ~ .... ~.o .......... 0 •• ~ .. ~ ................. ~ .......... , .. 
Patent No. : ............................... m....................................... Date of Grant: ...................................... . 
Certificate No. :.................................................................. Date of Grant: ..................................... .. 
and the licence contract relating thereto. 
n. LICENSOR: 
Name 
Address 
$ Delere whichever does not spply. 
"* Type name under signature IUld delete whichever does no! awly. [P/N/] IMYS/PIl 
Page 102 
rn. LICENSEE: 
Name 
Address 
IV. REQUEST: 
The above parties request the Registrar to record in the Register the following particulars relating to 
the licence contract: 
V. ADDmONAL INFORMATION accompanies this Form: 
Yes D No 
VI. SIGNA TtJRE ................................................................... . 
(Date) 
**(LicensorIAgentfor Licensor) 
If Agent, indicate Agent's Registration No.: .................................................................................... . 
**(LicenseeIAgent for Licensee) (Date) 
If Agent, indicate Agent's Registration No.: .................................................................................... . 
Patents Form No. 10 
PATENTS ACT 1983 
REQUEST FOR RECORDING EXPIRY OR TERMINATION 
OF LICENCE CONTRACT IN REGISTER 
(Regulations 37 and 45(3») 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpl.lr 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. For Official Use 
ApPLICATION No.: ........................... 00 .............. .. 
Filing Date: ................................................... . 
Request received on: ..................................... . 
Fee received on: ........................................... .. 
Amount: ......................................................... . 
* Cheque!Postal Order!Money OrderIDraft/Cash 
No.: .................................................................. . 
Date of mailing: ............................................ .. 
Applicant's or Agent's file reference 
Patent No:.................................................................... Date of Grant: ........................................... . 
Certificate No.;............................................................ Date of Grant: ........................................... .. 
and the licence contract relating thereto. 
"* Type Mr!"1e under sig!'lJ.lure and delete whichever does /lot apply. n. LICENSOR: 
Name 
Address 
m. LICENSEE: 
Name 
Address : 
IV. REQUEST: IPINllIMYS/P!l 
Page 103 
The parties to the licence contract identified above request the Registrar to record in the Register the 
expiry D or termination o 
of the licence contract 
V. AnnmONAL INFORMATION 
The following items accompany this Form: 
(aJ documentation evidencing the above fact (specify) 
Cb) other (specify) 
VI. SiGNATURE ............................................................... . 
*-*-(Licensor/Agentfor Licensor) (Date) 
If Agent, indicate Agent's Registration No: ........................................................................................... . 
*-*-(Licensee/Agent/or Licensee) (Date) 
If Agent, indicate Agent's Registration No: ..................................................................................... . 
Patents Form No. 11 
PATENTS ACT 1983 
ApPLICATION FOR COMPULSORY LICENCE 
(Regulations 38) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit One copy of this Form 
together with the prescribed fee. 
I. IN mE MATTER OF: For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Application received on: ............................... . 
Fee received on: ............................................ . 
Amount: ......................................................... . 
'" Cheque/Postal Order!Money Order/Draft/Cash 
No.: .................................................................. . 
Date of mailing: ............................................. . 
Applicant's or Agent's file reference 
Patent Application No.: ............. " ............................. . Filing Date: .............................................. . 
~. Type name IJooer signa.lUre Md delete whichever dOJ!S not apply. IP/N/lIMYS/P/l 
Page 104 
U. ApPLICANT: 
Name 
Address ......... ~." .......... ,," .... "" ........ e ~ ............................................................................................................................................................ . 
....... ............................................. " ............................................................................................................. 0 ................................................ ~ ...... .. 
"""0"""", • 6 ..................................... ~ ............................. 0 ............................ ............................................................................. 0 ................. .. 
Address for service in Malaysia: .............................................................................................. . 
........................................................................................................................................................ 
Nationality: ........................................................................................................................ . 
*' Permanent residence or principal place of business: 
Telephone Number 
(if any) 
••••• .,,, •• ~ ........ ., .... " ••............ ~ ............ 0"". 0 ., ... o-o.~.-
m. REQUEST Fax Number 
(if any) 
The above applicant applies to the Registrar to transmit to the Board the req,uest, in 
respect of the patent identified above, for the grant of a compulsory licence under section 49 
and/or 49A of the Patents Act 1983, in accordance with the terms proposed in Part IV of this 
Form and upon the grounds set out in Part V of this Form. . 
IV. PROPOSED TERMS: 
A statement setting out the amount of royalty. the conditions of the exploitation of the 
patent and the restriction of the rights of the licensor or licensee, as the case may be, is 
attached. 
V. ** STATEMENT OF GROUNDS attached. 
VI. ADDITIONAL INFORMATION 
The following items accompany this Form: 
(Il) evidence that the patent owner has received a request from the 
applicant to obtain a licence contract but that he has been 
unable to obtain such a licence on reasonable terms and within 
a reasonable time 
(b) plan according to which the applicant intends to work the 
patented invention, including evidence that he has the ability 
to do so in Malaysia 
(c) other (specify) 
VII. SIGNATURE ................................................................ . 
***{ApplicantlAgent) 
If Agent, indicate Agent's Registration No.: 
• D?!CIC whichever ~ nO! awly. D 
D 
D 
(Date) 
U The ground upon which !he request b based shall be indiclllOO by a reference iO !he sllWlOry provision !he awlicml cOIlSiders 
applicable (section49(l)(a) M/or49(I)(b) andlor49A of !he Patents Ac! 1983) and to !he fmcl3 he cOIlSiders IlSjllSufying!he granl 
of a compu!oory Iicenre. 
.... Type IWtle 1!00er sigrmmre and delete whichever does not awly. Patents Form No. 12 
PATENTS ACT 1983 
REQUEST FOR AMENDMENT OF DECISION 
GRANTING COMPULSORY LICENCE 
(Regulation 41 (1) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. 
1. IN THE MATTER OF: For Official Use IPlNllIMYS/P/l 
Page 105 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Request received on: .................................... .. 
Fee received on: ............................................ . 
Amount: ......................................................... . 
* ChequelPostal OrderlMoney OrderlDraft/Cash 
No.: ............................................................... .. 
Date of mailing: ............................................ ,. 
Applicant's or Agent's file reference 
Patent No ..................................................... .. Date of Grant: ...................................... . 
and the compulsory licence relating thereto. 
n. PATENT OWNER (s): 
Name 
Address 
HI. BENEFICIARY OF COMPULSORY LICENCE: 
Name 
Address 
IV. REQUEST 
The above *patent owner(s) beneficiary of a compulsory licence ask(s) the Registrar to 
transmit to the Board the present request for the following amendment of the decision granting 
the compulsory licence identified above upon the grounds that the new facts set out below 
justify such amendment. 
V. STATEMENT OF GROUNDS, including new facts that justify the amendment are attached. 
VI. ADDITIONAL INFORMATION accompanies this Form: 
Yes No D 
VU. SIGNATURE ................................................................ . 
**(Patent Owner/Beneficiary! (Date) 
Agent) 
If Agent, indicate Agent's Registration No.: ................................................................. ,. ................ .. 
" Delete whichever does 110t apply. 
M Type name under signature and delete whichever does not apply. IP/N/l/MYS/PIl 
Page 106 
Patents Form No. 13 
PATENTS ACT 1983 
REQUEST FOR CANCEllATION OF 
COMPULSORY LICENCE 
(Regulation 41(2») 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. 
I. IN THE MA TIER OF; For Official Use 
ApPLICATION No.: D. ~ b ..... ,. .. ~o. 0-.,. •••• ~ ... D ............... OD ........... ~ .. .. 
Filing Date: 0-. ~ .............. ~ ................. ~ .... o-•••• 0-................ 
0 .. " •••• <1 
Request received on: ................................. $ ....... . 
Fee received on: ... " ..... ~ ........................ 0 .............................. .. 
Amount: 
* Cheque!Postal Order/Money OrderlDraft/Cash 
No.: .................................................................. . 
Date of mailing: ............................................. . 
Applicant's or Agent's file reference 
Patent No.: .................................................... .. Date of Grant: ...................................... . 
and the compulsory licence relating thereto. 
n. PATENT OWNER (s); 
Name 
Address 
m. REQUEST: 
The above patent owner (s) ask (s) the Registrar to transmit to the Board the present request 
for the cancellation of the compulsory licence identified above upon the grounds set out below. 
IV. **STATEMENT OF GROUNDS attached. 
V. ADDITIONAL INFORMATION accompanies this Form: 
Yes D No D 
VI. SIGNATURE ............................................................... .. 
(Date) 
***(Patent Owner/Agent) 
If Agent, indicate Agent's Registration No.: ............................................. oH .................................... . 
• Delete whichever does not apply. 
•• The ground upon which the request is based shall be indicated by a referel1ce to !he siaMOf)' provisioo the applicant col1siders 
applicable (section 54(2)( a) or 54(2)(b} or 54(2)( c) or S4(2)( d) of the Patents Act 1983) Md 10 the facts he considers as justifying 
the cancellation of the compulsory licence. 
"u Type name IInder signllture and delete whichever does not apply. Patents From No. 14 
PATENTS ACT 1983 
ApPLICATION FOR GRANT OF CERTIFICATE FOR 
UTILITY INNOVATION 
(Regulation 45(1)) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit this Form in duplicate together 
with the prescribed fee. For Official Use IPlNllIMYS/P/l 
Page 107 
ApPLICATION No.: ............................................ . 
Filing Date: .......... ~ ........................................ . 
Application received on: ............................... . 
Fee received on: ........................................... .. 
Amount: ........................................................ .. 
* Cheque!postal OrderlMoney OrderIDraftlCash 
No.: .................................................................. . 
Date of mailing: ............................................ .. 
Applicant's or Agent's file reference 
THE ApPLICANT (s) REQUEST (5) THE GRANT OF A CERTIFICATE FOR A UTILITY INNOVATION IN RESPECT 
OF THE FOLLOWING PARTICULARS: 
L TITLE OF INVENTION 
H. ApPLlcANT(s) (the data concerning each applicant must appear in this box or, if the space is 
insufficient, in the space below): 
Name 
LC/Passport No. 
Address 
Address for service in Malaysia: ......................................................................................... . 
Nationality: ..................................................................................................................... . 
* Permanent residence or principal place of business: 
Telephone Number 
(if any) 
Applicant is the innovator 
If the applicant is not the innovator: 
Name of innovator 
Addres's of illilovator 
• Delete whichever does not apply. Yes 0 Fax Number 
(if any) 
No 0 lP/N/1/MYS/PIl 
Page 108 
A statement justifying the applicant's right to the certificate accompanies this Form: 
Yes D 
IV. AGENT OR REPRESENTATIVE: 
Applicant has appointed a patent agent in 
accompanying Form No. 17 No D 
Yes D 
No D 
Agent's Registration No: .................................................................................................... . 
Applicants have appointed .................................................................................................. . 
to be their common representative 
V. DIVISIONAL ApPLICATION: 
This application is J. divisional application D 
The benefit of the 
filing date D priority date D 
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 D 
Date of disclosure: ............................................................................................. .. 
(b) Disclosure was due to abuse of rights of 
applicant or his predecessor in title D 
Date of disclosure : .............................................................................................................. .. 
A statement specifying in more detail the facts 
concerning the disclosure accompanies this POIm 
• Delete whichever does !'IOI "'pply. Yes D 
No D VII. PRiORITY CLAIM (if any): 
The priority of an earlier application is claimed as follows: IP/N/1/MYS/P/l 
Page 109 
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 W 
The priority of more than one earlier application is claimed: 
Yes D No D 
The certified copy of the earlier application (s) accompanies this Form: 
Yes D No D 
If No, it will be furnished by ....................................................................................... (date) 
VIn. CHECK LIST: 
A. This application contains the foHowing; 
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: 
(a) signed Form No. 17 D 
(b) declaration that innovator does not wish to be named in the certifi.cate D 
(c) statement justifying applicant's right to the certificate D 
(d) statement that certain disclosures be disregarded D 
(e) priority document (certified copy of earlier application) D 
(f) cash, cheque. money order. banker's draft or postal order for the D payment of application fee 
(g) other documents (specify) D IP/NIlIMYS/PI 1 
Page 110 
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: 
Patents Form No. 15 
PATENTS ACT 1983 
ApPLICATION TO EXTEND TERM OF CERTIFICATE 
FOR UTILITY INNOVATION 
(Regulation 45(2}) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this' Form 
together with the prescribed fee. 
I. IN THE MATTER OF: For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Application received on: .............................. .. 
Fee received on: ............................................ . 
Amount: ......................................................... . 
* Cheque!postal Orderlfvioney Order!Draft/Cash 
No.: .................................................................. . 
Date of mailing: ............................................. . 
Applicant's or Agent's file reference 
Certificate No.: .................................................. Date of Grant: .................................................... .. 
H. APPLICANT (s) (The data concerning each applicant must appear in this box or, if the space is 
insufficient, in the space below) 
Name 
Address 
Address for service in Malaysia ; .................................................................................................. .. 
liL APPUCATION: Telephone Number 
(if any) Fax Number 
(if any) 
The owner of the Certificate applies for an extension of the term of the Certificate for an additional 
period of five years. 
* Delete whichever does no! apply. 
$0 Type name under 5ignature and delete whichever does not apply. IV. AffIDAVIT: IPlNl1lMYS/P/l 
Page 11 I 
An affidavit showing that the utility innovation is in commercial or industrial use in Malaysia or 
satisfactorily explaining its non-use is attached in accordance with section 35 (3) of the Patents Act 
1983. 
V. AnDmONAL INFORMATION accompanies this Form: 
Yes D No D 
VI. SrGNATIJRE ....................................................... . 
** (Owners (s)!Agent) (Date) 
If Agent, indicate Agent's Registration No: .................................................................................... . 
Patents Form No. 16 
PATENTS ACT 1983 
REQUEST TO AMEND APPLICATION FOR GRANT 
OF PATENT 
(Regulations 46 and 45(3» 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: .................................................. .. 
Request received on: ..................................... . 
Fee received on: ........................................... .. 
Amount: ......................................................... . 
>I< Cheque!Postal Order!Money Order/Draft/Cash 
No.: .................................................................. . 
Date of mailing: ............................................. . 
Applicant's or Agent's file reference 
Patent Application No. :......................................................... Filing Date : ................................... . 
Certificate Application No. :.................................................. Filing Date: ................................... . 
Other documents (identify) : ........................................................................................................... .. 
n. PERSON (s) MAKING REQUEST: 
Name 
Address 
Address for service in Malaysia : ..................................................................... "' .......................... . 
Telephone Number 
Of any) 
• Delete whichever does no! apply. 
M Type name urnlet si~l ... re and delete whlchev~". doe., nOllllJlPly. Fax Number 
(if any) IP/NIlIj'v1YS/PIl 
Page 112 
m. REQUEST: 
The person (s) above-identified request (s) the Registrar that. after * his/their paying the prescribed 
fee, the clerical error or obvious mistake in the document identified above may, in accordance with 
section 79 of the Patents Act 1983. be corrected as attached. 
IV. ADomONAL INFoRMATION accompanies this Form: 
Yes D No D 
V. SIGNATVRE ...................................................... . 
** (Applicant/Agent) (Date) 
If Agent, indicate Agent's Registration No: ................................................................................... .. 
Patents Form No. 16A 
PATENTS ACT 1983 
REQUEST TO AMEND PATENT 
(Regulations 46A and 45(3») 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Ll.Impur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Request received on: ..................................... . 
Fee received on: ............................................ . 
Amount ......................................................... . 
* Cneque!Postal OrderfMoney Order/Draft/Casn 
No.: .................................................................. . 
Applicant's or Agent's file reference 
Patent No. :.................................................................. Date of Grant ............ , ...... , .................... . 
Certificate No. :........................................................... Date of Grant : ........................................ . 
n. OWNER (5): 
Name 
Address 
m. ASSOCIATED DocuM:Em (if any): 
Document : ...................................................... ' ..... , .......... , ... , ............................ , ............. , ............... , 
$ Delete whichever does not apply. 
•• Type name under signarure and delete whichever does not apply. IV. REQUEST: IP/NIIIMYS/PIl 
Page 113 
The owner (s) request (8) the Registrar to amend, as attached, the above-identified "patent! 
certificate/document in accordance with section 79A(1) of the Patents Act 1983. 
V. REASON FOR REQUEST: 
* (a) Correction of clerical error 
( b) Correction of obvious mistake 
(c) Other ** reason .............................................................................................................. . 
VI. ADDmONAL INFORMATION accompanies this Form: 
Yes D No D 
vrr. SlGNATIJRE ...................................................... .. 
(Date) 
*** (Applicant/Agent) 
If Agent, indicate Agent's Registration No: .................................................................................... . 
Patents Form No. 17 
PATENTS ACT 1983 
APPOINTMENT OR CHANGE OF PATENT 
AGE1'rr 
(Regulations 45B (2) and 45(3») 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form. 
* I/W e the undersigned, 
Name 
Address 
appoint 
Name 
Address 
Telephone Number 
. (if any) 
.. Delete whichever does no! apply. 
"* Specify other reasoll. For Official Use 
ApPLICATION No.: ........................................... .. 
Filing Date: ................................................... . 
Received on: .................................................. . 
i Date of mailing: ............................................. . 
Applicant's or Agent's file reference 
Fax Number 
(if any) 
"". Type name under signature. and delete whichever does not apply. [P/N/l/MYS/P/l 
Page 114 
to act as *my/our agent in connection with the foHowing matter (s): 
~ •••••••••••••••••••••••••••••••••••••••••••• " ............................................. " ............................................... 0 •••••••••••••••••• 
ratify all acts done by the agent on ""my I our behalf in connection with ""that/those matter (s), and 
request that all notices, requisitions and communications relating thereto be sent to the agent at the 
abovementioned said address. 
Any previous appointment in respect of the same matter (s) is revoked. 
**SIGNATURE ............................................... . 
Patents Form No. 18 
PATENTS ACT 1983 
ApPLICATION FOR REGISTRATION OF PATENT 
AGENTS 
(Regulation 45c (1) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. 
I. APPLICANT: 
Name: 
Address: (Date) 
For Official Use 
Application received on: .............................. . 
Fee received on: ............................................ . 
Amount: ......................................................... . 
"" Cheque!Posta! Order!Money Order/Draft/Cash 
No.: .................................................................. . 
Applicant's file reference 
Nationality: ...................................................................................................................................... . 
* Permanent residence or principal place of business: ................................................................. " .. 
n. APPLICA :ION: Telephone Number 
(if aflY) Fax Number 
(if any) 
The above applicant applies for registration as a patent agem in the Register of Patents Agents. 
• Delete whiche'ler does no! apply . 
• * Must be signed by the yer;on (s) appointing the agent; Iype name under sigl'l!!ture. ill. QuAUFlCATIONS: 
The applicant (tick: whichever is applicable): 
(a) is an advocate and solicitor of the High Court 
(b) has passed the examination specified in regulation 45D 
(c) has a relevant degree or its equivalent in engineering or science 
(d) has not been convicted of any offence involving fraud or dishonesty 
(e) has been convicted of an offence involving fraud or dishonesty and a 
record thereof with a statement of explanation accompanies this Form lP/Nil IMYS/PIl 
Page 115 
D D 
D D 
D 
IV. Proof of the matters specified in paragraphs (a), (b), (c) and (d) of Part illI of this Form, if applicable, 
accompanies this Form. 
V. SIGNA TURB ....................................................... . 
Patents Form No. 18A 
PATENTS ACT 1983 ** (Applicant) 
APPI..lCATION FOR REGISTRATION AS CANDIDATE 
FOR EXAMINATION 
(Regulation 45D(2») 
To: The Secretary 
Board of Examiners of 
Patent Agents 
Patent Registration Office 
KuaJa Lumpur 
Malaysia 
Please submit this Form in duplicate 
together with the prescribed fee. (Date) 
For Official Use 
Application Received on: ............................. . 
Fee received on: ............................................ . 
Amount: ....................................................... '" 
>I< ChequelPostal Order!Money OrderlDraft/Cash 
No.: .................................................................. . 
Applicant's file reference 
1. 1........................................................................................... of ...................................................... . 
hereby apply for: registration as a candidate at the Examination for Registration as Patent Agents to 
be held in the month of ..................................... 19 ........... .. 
n. SIGNA.TURE ............................................... . 
**(Applicant) 
Telephone Number 
(if any) 
'" Delete whichever ~ oot apply. 
$$ Type: name wuler sigmmm;. (Date) 
Fax Number 
(if any) IP/N/l!MYS!P!l 
Page 116 
Patents Form No. 1 Bs 
PATENTS ACT 1983 
APPLICATION TO RE-Srr EXAMINATION 
(Regulation 45o(8» 
To: The Secretary 
Board of Examiners 
of Patent Agents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one this Form in duplicate 
together with the prescribed fee. For Official Use 
Application Received on: ............................ .. 
Fee received on: ........................................... .. 
Amount: ......................................................... . 
'" ChequelPostal Order!Money Order/Draft/Cash 
No.: .................................................................. . 
Applicant's file reference 
L I. .......................................................................................... of .......................................... . 
hereby apply to submit myself to re-sit the examination in the following subject (s) at the 
Examination for Registration as Patent Agents to be held in the month of ............ 19 .......... . 
Subjects: .............................................................................................................................. . 
n. SIGNATURE ................................................ , 
Patents Form No. 19 
PATENTS ACT 1983 """(Applicant) 
Telephone Number 
(if any) 
APPLICATION FOR RENEWAL OF REGISTItA TION OF 
PATENT AGENT 
(Regulation 45E(l)) 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. 
I. ApPUCANT: 
Name 
Address 
Delete whichever does no! apply. 
Type name under signature. (Date) 
Fax Number 
(if any) 
For Official Use 
Application Received on: ............................ .. 
Fee received on: ............................................ . 
Amount: .......... " ............................................. . 
'" ChequelPostal Order!Money Order/DraftlCash 
No.: .................................................................. . 
Applicant's file reference IPll'·m IMYS/P/l 
Page 117 
Nationality: h ..................................................................................................................................... . 
* Permanent residence or domicile: 
n. ApPLICATION: Telephone Number 
(if any) Fax Number 
(if any) 
The above applicant applies for renewal of the registration in the Register of Patents Agents. 
m. QUALIFICATIONS: 
The applicant (tick whichever is applicable): 
(a) is an advocate and solicitor of the High Court 
(b) has passed the examination specified in regulation 45D 
( c) has a relevant degree or its equivalent in engineering or science 
(d) has not been convicted of any offence involving fraud or dishonesty 
(e) has been convicted of an offence involving fraud or dishonesty and 
a record thereof with a statement of explanation accompanies this Form 
IV. ADomONAL INfORMATION accompanies this Form: 
Yes 
V. SIGNATURE ...................................................... . 
Patents Form No. 20 
PATENTS ACT 1983 **(Applicant) No D 
(Date) .. 
For Official Use 
Request No: D 
D 
D 
D 
FURNISHMENT Of ADoRESS FOR SERVlCE 
(Regulations 51 and 45(3)) Fee received on: ........................................... .. 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Malaysia 
Please submit one copy of this Form 
together with the prescribed fee. Received on: ................................................... . 
Amount: ......................................................... . 
* Cheque!Postal Order!Money Order!Draft/Casn 
No.: ....................................................... " ........ .. 
)ateof 111ailiclg: ............................................. . 
Applicant's 01' Agent's file reference 
Patent Application No.: ...................................... Filing Date: ........................................................ .. 
Patent No.: ......................................................... Date of Grant ..................................................... . 
Certificate Application No.:.............................. Filing Date: ......................................................... . 
Certificate No.:.................................................. Date of Grant ...................................................... . 
'" Delete whichever doos not apply. 
*" Type name under signature. IP/NIl/MYS/PIl 
Page 118 
n. MruCANT (S): 
Name 
Address 
m. REQUEST: 
The applicant (s) identified above request (s.) the Registrar for the *inclusion/addition/alteration/ 
substitution of an address for service in Malaysia as follows: 
IV. ADDmoNAL INFORMATION accompanies this Form: 
Yes. D No 
V. SIGNATURE ................................................... ... . 
**( Applicant/Agent) (Date) 
If Agent, indicate Agent's Registration No. : ...................................................................................... . 
Patents Form No. 21 
PATENTS Acr 1983 
REQUEST FOR EXTENSION OF TIME 
(Regulations 53(1) and 45(3») 
To: The Registrar of Patents 
Patent Registration Office 
Kuala Lumpur 
Ma.laysia 
Please submit this Form in duplicate 
together with the prescribed fee. 
1. L" THE M-\TrER OF; For Official Use 
ApPLICATION No.: ............................................ . 
Filing Date: ................................................... . 
Request received on: ..................................... . 
Fee received on: '" ......................................... . 
Amount: ......................................................... . 
*' Cheque!Postal Order!Money Order/Draft/Cash 
No.: .................................................................. . 
Date of mailing: ............................................ .. 
Applicant'S or Agent's file reference 
Patent Applica.tion No.: ...................................... FilingDate: ........................................................... .. 
Patent No.: .......................................................... Date of Grant: ........................................................ . 
Certificate Application No.: ............................... FilingDate: ............................................................ . 
Certificate No.: ................................................... Date of Grant: ....................................................... .. 
" Delete whichever does not apply. 
"* Type name under signature and delete whichever does !lot apply. H. ApPLICANT (s): 
Name 
Address 
m. REQUEST: 
**The applicant (s) request (s) the Registrar to extend the time within which to; 
IV. EXTENSION PERIOD SOUGHT: lIMYS/PIl 
Page 119 
From: ....................................................... . To: ............................................................... . 
V. ***STATEMENT OF GROUNDS attached o 
VI. ADDITIONAL INFORMATION accompanies this Form: 
Yes o No o 
vn. SIGNATURE .................................................. .. 
****(ApplicantIAgent) (Date) 
If Agent, indicate Agent's Registration No.: .......................................................................... . 
.. Delete whichever does not apply . 
.. * Insert brief description of the act or things to be done. 
*** The applicant shall state the facts he considers as justifying the extension. 
**"". Type name under signature and delete whichever does not apply. 
Made 29 June 1995. 
Note: The saving and transitional provisions under P.U. (A) 262/95 [w.eJ. 1.8.1995} read as follows: 
30 (1) Any registration as a patent agent granted under the principal Regulations and in force immedi­
ately before the commencement of these Regulations shall, in so far as its grant is not inconsistent with 
these Regulations, be deemed to have been granted under these Regulations and shall continue in force 
until it expires. 
(2) Any application for registration as a patent agent or application for renewal of registration as 
a patent agent made or pending before the date of coming into force of these Regulations shall be 
deemed to have been made under the principal Regulations and the principal Regulations shall continue 
to apply to such applications as if the principal Regulations had not been amended: 
Provided that the registration of such person as a patent agent shall be for a term ex.piring on 
the 31st December 1995 and for the purposes of this proviso the prescribed fee payable shall be 
proportionate to the term to be renewed. lP/NIl 
Page 120 
LAWS F MAL YSIA 
Act AI088 
PATENTS (AMENDMENT) ACT 2000 
Date of Royal Assent 
Date of publication in thf' 
Gazette 18 August 2000 
31 August 2000 LA WS OF MALAYSIA 
Act AI088 
PATENTS (AMENDMENT) ACT 2000 
An Act to amend the Patents Act 1983. 
ENACTED by the Parliament of Malaysia as follows: 
Short title and commencement IPlNllIMYS/P/] 
Page 12J 
] 
1. (1) This Act may be cited as 
2000. Patents (Amendment) Act 
(2) This Act shall come into operation on a date to be appointed 
by the Minister by notification in the Gazette. 
Amendment of section 17 
2. The Patents Act 1983 [Act 291], which in this Act is referred 
to as the "principal Act", is amended in section 17 by substituting 
for the words "which can be made or used in any kind of industry" 
the words "which is capable of industrial application". 
Amendment of section 17 A 
3. Subsection 17 A(2) of the principal Act is amended by deleting 
the words "16,". 
Amendment of section 31 
4. Subsection 31(1) of the principal Act is amended by inserting 
after the words "public order" the words "or morality". 
Amendment of section 35 
5. Section 35 of the principal Act is amended-
(a) by substituting for subsection (1) the foHowing subsection: 
(b) by "( 1) The duration of a patent shall be twenty years 
from the filing date of the application."; and 
after subsection (1) the following subsection: fP/N/I/MYS/PI1 
Page 122 
"(lA) Without prejudice to subsection (1) and subject 
to the other provisions of this Act, a patent shan be 
deemed to be granted and shall take effect on the date 
the certificate of grant of the patent is issued.". 
Amendment of section 37 
6. Section 37 of the principal Act is amended-
(a) by inserting after subsection (1) the following subsection: 
"(1A) The rights under the patent shall not extend 
to acts done to make, use, offer to sell or sell a patented 
invention solely for uses reasonably related to the 
development and submission of information to the 
relevant authority which regulates the manufacture. 
use or sale of drugs."; and 
(b) in subsection (2) by substituting for the words "The right" 
the words "Without prejudice to section 58A, the rights". 
Substitution of section 49 
7. The principal Act is amended by substituting for section 49 
the following section: 
"Applica­
tion for 
compul­
sory 
licences. 49. (1) At any time after the expiration of three years 
from the grant of a patent, or four years from the filing 
date of the patent application, whichever is the later, 
any person may apply to the Registrar for a compulsory 
licence under any of the following circumstances: 
( a) where there is no production of the patented product 
or application of the patented process in Malaysia 
without any legitimate reason; 
( b) where there is no product produced in Malaysia 
under the patent for sale in any domestic market, 
or there are some but they are sold at unreasonably 
high prices or do not meet the public demand 
without any legitimate reason. 
(2) A compulsory licence shall not be applied for 
unless the person making the application has made efforts 
to obtain authorisation from the owner of the patent on 
reasonable commercial terms and conditions but such 
efforts have not been successful within a reasonable period 
of time. 
(3) The application for a compulsory licence shall be 
in compliance with such regulations as may be prescribed 
by the Minister.". 
Amendment of section 49 A 
8. Subsection 49AO) of the principal Act is amended by inserting 
after the words "an important technical advance" the words 
"of considerable economic significance". IP/N/I/MYS/P/l 
Page 123 
Substitution of section 53 
9. The principal Act is amended by substituting for section 53 
the following section: 
"Limitation 53. (1) A compulsory licence granted by the Board­
of compul-
sory 
licence. (a) shall not be assigned otherwise than in connection 
with the goodwill or business or that part of the 
goodwill or business in which the patented 
invention is used; 
(b) shall be limited to the supply of the patented 
invention predominantly in Malaysia. 
(2) The beneficiary of the compulsory licence shall 
not conclude licence contracts with third persons under 
the patent in respect of which the compulsory licence 
was granted.". 
New section 58A 
10. The principal Act is amended by inserting after section 58 
the following section: 
"Acts 58A. (1) It shall not be an act of infringement to import, 
deemed to offer for sale, sell or use-
be 000-
infringement. (a) any patented product; or 
(b) any product obtained directly by means of the 
patented process or to which the patented process 
has been applied, 
which is produced by, or with the consent, conditional 
or otherwise, of the owner of the patent or his licensee. 
(2) For the purposes of this section, "patent" includes 
a patent granted in any country outside Malaysia in respect 
of the same or essentially the same invention as that for 
which a patent is granted under this Act.". 
Substitution of section 84 
11. The principal Act is amended by substituting for section 84 
the following section: 
"Rights of 84. (1) Notwithstanding anything contained in this Act-
Govern-
ment. (a) where there is national emergency or where the 
public interest, in particular, national security, 
nutrition, health or the development of other vital 
sectors of the national economy as determined by 
the Government, so requires; or IP/NIl/MYS/P/1 
Page 124 
(b) where a judicia] or relevant authority has 
determined that the manner of exploitation by the 
owner of the patent or his licensee is anti­
competitive, 
the Minister may decide that, even without the agreement 
of the owner of the patent, a Government agency or a 
third person designated by the Minister may exploit a 
patented invention. 
(2) The owner of the patent shall be notified of the 
decision of the Minister as soon as is reasonably 
practicable. 
(3) The exploitation of the patented invention shall 
be limited to the purpose for which it was authorised 
and shall be subject to the payment to the owner of the 
patent of an adequate remuneration for such exploitation, 
taking into account-
(a) the economic value of the Minister's authorisation 
as determined in the decision; and 
(b) where a decision has been taken under paragraph 
(b) of subsection 0), the need to correct anti­
competitive practices. 
(4) The Minister shall make his decision under 
subsection (3) after hearing the owner of the patent and 
any other interested person if they wish to be heard. 
(5) The exploitation of a patented invention in the 
field of semi-conductor technology shaH only be authorised 
either-
(a) for public non-commercial use; or 
(b) where a judicial or relevant authority has 
determined that the manner of exploitation of the 
patented invention, by the owner of the patent or 
his licensee, is anti-competitive and if the Minister 
is satisfied that the authorisation would remedy 
such anti-competitive practice. 
(6) The authorisation shall not exclude-
(a) the continued exercise by the owner of the patent 
of his rights under subsection (1) of section 36; 
or 
( b) the issuance of compulsory licences under Part 
X. (7) Where a third person has been designated by the 
Minister, the authorisation may only be transferred with 
the goodwill or business of that person or with that part 
of the goodwill or business in which the patented invention 
is being exploited. 
(8) The exploitation of the invention by the 
Government agency or the third person designated by 
the Minister shall be predominantly for the supply of 
the market in Malaysia. 
(9) Upon the request of-
(a) the owner of the patent; or 
(b) the Government agency or the third person 
authorised to exploit the patented invention, 
the Minister may, after hearing the parties, if either or 
both wish to be heard, vary the terms of the decision 
authorising the exploitation of the patented invention to 
the extent that changed circumstances justify such 
variation. 
(10) Upon the request of the owner of the patent, the 
Minister shall terminate the authorisation if he is satisfied, 
after hearing the parties, if either or both wish to be 
heard, that the circumstances mentioned in subsection 
(1) which led to his decision have ceased to exist and 
are unlikely to recur or that the Government agency or 
the third person designated by him has failed to comply 
with the terms of the decision. 
(11) Notwithstanding subsection (10), the Minister 
shaH not terminate the authorisation if he is satisfied 
that the need for adequate protection of the legitimate 
interests of the Government agency or the third 
person designated by him justifies the maintenance of 
the decision. 
(12) The owner of a patent, a Government agency or 
the third person authorised to exploit a patented invention 
may appeal to the Court against the decision of the Minister 
under this section. 
(13) In this section "Government agency" means the 
Federal Government or the Government of a State and 
includes a Ministry or Department of that Government.". IPINI1IMYS/P/l 
Page 125 IPINI1/MYS/Pil 
Page 126 
Amendment of Second Schedule 
12. The Second Schedule to the principal Act is amended­
(a) by inserting, after the reference in column (1) to section 
14 and the modifications in column (2) in respect of 
section 14, the following provision: 
'Section 16 .... Substitute "utility innovation" for 
"invention".'; and 
(b) in the modifications in column (2) in respect of section 
35-
0) by substituting for subsection (1) the following 
subsection: 
"(1) The duration of a certificate for a utility 
innovation shaH be ten years from the filing date 
of the application."; 
(ii) by inserting after subsection Cl) the following 
subsection: 
"(lA) Without prejudice to subsection 0) and 
subject to the other provisions of this Act, a 
certificate for a utility innovation shall be deemed 
to be granted and shall take effect on the date 
the certificate for utility innovation is issued."; 
and 
(iii) in subsection (2) by substituting for the word "five" 
appearing after the words "expiration of the period 
of' the word "ten". 
13. (1) The amendment to section 35 of the principal Act shall 
not affect any application for the grant of a patent or application 
for a certificate for utility innovation, as the case may be, made 
under the principal Act before the commencement of this Act and 
the provisions of the principal Act relating to such applications 
shaH apply to that application as if those provisions had not been 
amended by this Act. 
(2) Inventions or utility innovations in respect of which patents 
or utility innovation certificates are granted under the principal 
Act and are still protected on the commencement of this Act shaH 
remain protected for such duration as was provided for in section 
35 of the principal Act as if that section had not been amended 
by this Act. PATENTS ACT 1983 
PATENTS REGULATIONS (AMENDMENT) 2001 IPINI1IMYS/PIl 
Page 127 
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 IPlN/l/MYS/P/l 
Page 128 
(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) (2) (3) 
Item Matter/ Fee 
No. Proceeding (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 
(i) for tenth year after grant of 
patent 
for eleventh year after grant of 
patent 
(k) for twelfth year after grant of 
patent 
(1) for thirteenth year after grant of 
patent 
(m) for fourteenth year after grant of 
patent 
(n) for fifteenth year after grant of 
patent 
(0) for sixteenth year after grant of 
patent 
(p) for seventeenth year after grant 
of patent 
(q) for eighteenth year after grant of 
(r) patent 
for nineteenth year after grant of 
patent 
(s) for twentieth year after grant of 
patent lP/N/l/MYS/P/l 
Page 129 
550.00 
600.00 
650.00 
700.00 
800.00 
900.00 
1000.00 
1200.00 
1400.00 
1600.00 
1800.00 
2000.00: 
Provided that the duration of a patent shall not 
exceed twenty years from the filing date of the 
application." ; lP/N/1/MYS/P/l 
Page 130 
(b) by substituting for item no. 12 the following item: 
(1) (2) 
Item Matter/ 
No. Proceeding 
"12. Annual fee for certificate for utility 
innovation: 
(a) for third year after grant of 
certificate 
(b) for fourth year after grant of 
certificate 
(c) for fifth year after grant of 
certificate 
(d) for sixth year after grant of 
certificate 
(e) for seventh year after grant of 
certificate 
(f) for eight year after grant of 
certificate 
(g) for ninth year after grant of 
certificate 
(h) for tenth year after grant of 
certificate 
(i) for eleventh year after grant of 
certificate 
(j) for twelfth year after grant of 
certificate 
(k) for thirteenth year after grent of 
certificate 
(1) for fourteenth year after grant of (3) 
Fee 
(RM) 
120.00 
160.00 
160.00 
200.00 
200.00 
240.00 
240.00 
280.00 
400.00 
600.00 
700.00 certificate 
(m) for fifteenth year after grant of 
certificate 
(nl for sixteenth year after grant of 
certificate 
(0) for seven teen th year after grant of 
certificate 
(p) for eighteenth year after grant of 
certificate 
(q) for nineteenth year after grant of 
certificate 
(r) for twentieth year after grant of 
certificate lP/NII/MYS/P/l 
Page 131 
800.00 
1000.00 
1100.00 
1200.00 
1300.00 
1400.00 
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 100% of fee for year 
annual fee 
19. Pu bUc search through computer 
20. Computer print-out 
(Bibliography data) concerned 
20.00 per hour 
5.00 per page fP/NIl/MYS/P/l 
Page 132 
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 n to the principal Regulations is amended by substituting 
for Form 1 the following 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 ApPLICATION No.: SCHEDULE 
(Regulation 29) 
FORM 
For Official Use 
Filing Date: .............................................................................................................. . 
Request received on: ................................................................................................. .. 
*Fee received on: .......................................................... " ........................................... .. 
Amount: .................................................................................................................. . 
*Cheque/Postal Order/Money Order/Draft/Cash No.: IP/N/1/MYS/P/l 
Page 133 
I Please submit this Form in 
duplicate together with the 
prescribed fee. Applic('mt's or Agent's file reference 
THE APPLICANT (S) REQUEST (S) THE GRANT OF A PATENT IN RESPECT OF THE FOLLOWING PARTICULARS: 
L TITLE OF INVENTION: 
n. ApPLlCANT(S) (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): 
r-
m. INVENTOR 
Applicant is the inventor: Yes D No o 
If the applicant is not the inventor: 
Name of inventor: ..................................................................................................................................... .. 
Address of inventor: ................................................................................................................................. .. 
•••• ~ ••••••••••• <>. ~~ ••• w .... _ ••• ~ ••••••••••• ~ ••••••• " ........ <> .... " <> ............ K ••••••••••••• <> ............ ., •• ~ ••••• , ...... <> ................................. . 
A Statement justifying the applicant's right to the patent accompanies this Form: 
Yes I I 
'-----' ! ! IPlNl1IMYS/P/l 
Page 134 
Information (if any): 
IV. AGENT OR REPRESENTATIVE 
Applicant has appointed a patent agent in accompanying 
Form No.17: Yes 
No D 
D 
Agent's Registration No.: ......................................................................................................... .. 
Applicants have appointed ........................................................................................................ . 
to be their common representative. 
V. DIVISIONAL ApPLICATION 
This appJication is a divisional application D 
The benefit of the 
filing date D priority date D 
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: 
Application No.: ........................................................................................................................... .. 
of filing of initial application: ......................................................................................................... .. 
VI. DISCLOSURES TO BE DISREGARDED FOR PRIOR Arrr PURPOSES 
Additional information is contained in supplemental box: 
(a) Disclosure was due to acts of applicant or his predecessor in title D 
Date of disdosure : 
(b) Disclosure was due to abuse of rights of applicant or his predecessor in title \ 1 
L......._-l 
Date of disclosure: ................................................................................................................ .. 
A statement speciJYing in more detail the facts concerning the disclosure 
accompanies this form: 
Yes 
No o o L ____ . ________________________________ ---' i\ddiLionallnfonnauon (if a."1.)'): 
VII. PRIORITY CLAIM (if any) 
The priority of an earlier application is claimed as follows: {PIN!l iMYS/P/l 
Page 135 
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 D 
The priority of more than one earlier application is claimed: 
Yes No D 
The certified copy of the earlier application (s) accompanies this Form: 
Yes D No D 
If No, it will be furnished by ................................................................................................. (date) 
Additional Infonnation (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 Fonn, as filed, is accompanied by the items checked below [please tick where appropriate): 
(a) signed Form No. 17 D -f 
I 
IX 
** IPlN/l/MYS/P/l 
Page 136 
(h) 
(c) 
(d) 
(e) 
(j) 
(g) declaration that inventor does not wish to be named in the patent 
statement justifying applicant's right to the patent 
statement that certain disclosures be disregarded 
priority document (certified copy of earlier application) 
cash, cheque, money order, banker's draft or postal order for the payment of 
application fee 
other documents (specify) 
SIGNATURE ................................... . 
(Date) 
"''''(Applicant! Agent) D 
D 
D 
D 
f 1 
D 
If Agent, indicate Agent's Registration No.: ........................................................................................... . 
For Official Use 
1. Date application received: ......................................................................................... . 
2. Date of receipt of correction, later flled papers or drawings completing the application: 
Delete where inapplicable. 
Type name under signature and delete where inapplicable:. 
Made 
[KPDNjB July 2001. 
jPAT j201JSJ.1 ;PN(PU2)410jVl 
TAN SRI DATO' RAJ! MUHYIDDIN HAJI MOHD. YASSIN 
Minister of Domestic Trade and Consumer Affairs 