Description
“The grant of patent in Malaysia is governed by the Patent Act 1983 and the Patents Regulations 1986 which came into force on 1 October 1986. These statutes also govern the validity of patent rights for inventions in Malaysia. The Act has repealed the earlier system of registering patents in the UK and re-registering them in Malaysia. The Act provides not only for the grant of patents but also for the grant of ‘petty’ patents which are also known as ‘utility innovations’. This is to cover the ‘lesser’ inventions which may not be covered under the stringent requirements laid down for the grant of a patent. This is to encourage and support creativity in inventions. An applicant must file a patent or utility innovation application with the Intellectual Property Corporation of Malaysia (MyIPO) to secure the grant of a Malaysian patent. This in turn gives the owner protection of the patent or utility innovation and the exclusive right to stop others from manufacturing, using and/or selling the owner’s invention in Malaysia without the owner’s consent or permission. This publication is designed to offer a clear overview of the legislation that governs Patent and seek to explain the legal approach adopted by the courts. The publication includes : Commentaries on defining specific terms within the Act, The commentaries also cross-refer to local and international cases, Relevant local and international legislation, Summary of recent Patent cases This publication will serve as an indispensable guide and an essential reference for intellectual property practitioners specializing in patent, corporate counsel, prosecutors, judges, students, lecturers, as well as researchers.
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