Is REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 still in force?

No — REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 has been repealed.

How many sections does REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 have?

REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 contains 12 sections.

Where can I read the official version of REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951?

The official text of REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 is published at lom.agc.gov.my.

/akn/my/act/act/1951/215

REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951

Q: When did REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 take effect?

REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 was first recorded in 1951.

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English Bahasa Malaysia

Type: Act
Status: Repealed
Enacted: 1951
Sections: 12
Languages: EN · MS

Quick answer

About this act

REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 is Malaysia Act, cited as Act 215 1951, currently marked repealed and first recorded in 1951.

Opening note

Preamble

An Act to provide for the egistr~tion "?- West Malaysia of letters patent granted in e United Kingdom. [1st April, 1953.] Fed.L.N . . 1(17/53. i. (1) This Act may be cit as the Registration of United Sh · ; · - Kingdom Patents Act, 195 . · an~:,\~ cation.

(2)

This Act shall apply t West Malaysia only.

Section 2

In this Act unless · the c ritext otherwise requires-

"patent" means letters pa ent for an invention;

"Registrar of Patents"

eans the person appointed as such by name or office by he Yang di-Pertuan Agong for the purposes of. this ,Act;

· "Registrar of Patents, S · gapore" means the person for the time being appointed t such office under any written law of Singapore correspon ing to this Act;

-··

Interpreta-tion~ .

_ "We-st Mal~ysia" has th .. meaning assigned thereto in section 3 of the Interpretat n Act, 1967, and includes the 23/67-

Federal Territory.

3 .. Any person being a gra tee·· of a patent in the United t P=

Kingdom or any p~rson deri ing his right from such grantee ti~n in by assignment, transmission or oth~r _operation of law, may ::ysiaof apply to the Registrar of Pat nts withm three years from the patenm d

d ·

granted ate of issue of the patent t have such patent registere m in the

~es~ Malaysia. Where . an partial assignment ~r. tran_s- ~~m.

nuss1on has been made, all roper parties shall be 3omed m the application for registrati n:

. Provided that ·the Registr r of Patents may, in his_ discr:e~

hon: accept the application where it is s~own to his satis-faction _th~t for any reason the applica~ion could not be

!1}ade withm three years fro the date of 1ssue of the patent in the United Kingdom. . ._

I l1

oocuments which must accompanY application.

Issue of certificate of registra-tion.

ACT 15 6

. .

under se tion 3 shall be accompanied 4 Every apphcation of the s ecification or specifications by a certified ~opy if any) 0 the United Kingdom patent

(including drawmgs,f the Co ptroller-General of Patents and a certificated

O Marks of the United Kingdom giving

Designs _and Traf ~he issue of the patent on such specifica.

full particulars o.

tion or specifications .

hen any su h United Kmgdom patent is

ProV1ded. !ha~ tin Singapord under the provisions of any alr~ady {:~~~~sponding to th~s Act relatin_g to the registra-

::t: United Kingdom _Pate~ts, the Registrar of_ Patents ma in his discretion, waive a~l o_r any of the requ!r~ments of ibis section abs~lutely, or subJect to such cond1ttons as he.may think fit to impose.

s. Upon such applicat!on be!ng received toget_her with the documents mentioned sechoh 4, where req~rred, and ~he application fee, the Reg1strar of Patents shall issue a certifi-cate of registration.

Rights

Section 6

Such certificate of registration shall confer · on the appli-

~= cant privileges and rights similar in all respects to those cate.

conferred by the issue of the pa~ent in the United Kingdom, but subject, nevertheless, to any! privileges or rights acquired under any of the written· 1aws 1specified in the Schedule or under any Ordinance or Enact1

ent repealed by any of the said written laws.

~~~ce-

Section 7

(2)

Any t

lapse in theett~ston, !apse, rev cation and restoration after this Act ma bited l9ngdom of any patent registered under any person Y

~otifi~d by th grantee of such patent or

Patents, who d:ivmg title und. r him to the Registrar of order issued by a~ 00P!0duct~!n of a certified copy o! t~e one year from the nited K~gdom Patent Office withm

Register of Patentse date the! f, enter the same in the cribed form in resp~d sfhall 1s ue a certificate in the pres-c O such ntry. Any extension of the

[S. 7-8]

REGISTRATION OF UNI

D KINGDOM PATENTS

term, or restoration after lap_ e, o! a patent in the United

I{ingdo!ll shall, on such regi tration, have effect in West

Malaysia to extet?-d t~e term ~f the patent for the period such patent remains force the United Kingdom.

· (3) Notwith~tan~ing_ sub_se tion (2), the Registrar of patents J?~Y, m his dis~ebo , ac~pt a notification under the pr<:>vis10!1s of the said sub ection, where it is shown to bis satisfaction _th~t for any_ r ason such notification could not b_e made w1thm the peno or before the date specified therem.

s. (1) Subject to subse~tions ( ) and (3), the following shall Special not be deemed to constitute in ringement-

~~ons

(a)

~he us~ on. board a .f reign vessel of the patented :':!ft mventlon m the bo y of the vessel or in the and land machinery, tackle ap aratus or other accessories· vehicles.

thereof, if. the vessel co es into the territorial waters of Malaysia temporar y or accidentally only, and the invention is used e elusively for the actual needs of the vessel;

(b)

the use of the patented invention in the construction or working of a fore gn aircraft or foreign land vehicle or of the acce sories thereof if · the aircraft or vehicle comes intf Malaysia temporarily or accidentally only.

(2)

The ·provisions of this seetion shall apply only to-

. (a) vessels, aircraft and 1 \ d vehicles of the United

·· Kingdom;

(b)

vessels aircraft and 1 nd vehicles. of those oth~r f oreigi{ countries with r spect to which the Yang rl;i-Pertuan Agong may y notification. published m

· the Gazette declare thj m to be apphca~le, and so long only, in the case of the vess~ls, arrcr~t and land vehicles of each f such foreign_ countnes, as the notification con tin es in force Wh!tt res~ec~h~~

· the vessels, aircraft nd land ve ic es 0

country.

(3)

For the purposes of this s ction-

(a)

vessels and aircraft sh 11 be d~emedhi~h bfh:;8 8!e and aircraft of the c _untry ID deemed to be registered, and .land ve icle~ths~allwhich the owners vehicles of the coun,t-Wl m are ordinarily resident; nd

•' ·ti 1-101 8

t "

eans any co'LID:try outside

(bl "forei~ co~ ;'hall be dee!lled to ~elude any

MalaySJa, an rate r temtory subiect to the colony, protecto der he suzerainty of a foreign authority 0J un terri ory which is ad~inistered by country, an anJy un er the trusteeslup system of a forei~ dcoNuntions nd "foreign" shall be cons-the Umte . a

trued accordmgly •

. Court shall blave power, upon the applica-p...,,o1

Section 9

(2)

Such grounds shall be ~eemed to ~clu~ th~ manu-facture publication, use or ~e of the mvention m West

Malay;ia before the pri.o rity ~

li ate applicable to the patent in the United Kingdom, but n t to include the tnanuf acture, publication, use or sale of th invention in West Malaysia after the priority date applicable to the patent in the United

Kingdom and before the datd] of the issue of the certificate of .registration under section 5

" (~) for th~, puryoses _of I this section, the expression

~nonty date m its a~pliC!ltf ?n to a ~a~t in the-United

Kingdom has the meanmg assigned to 1t m section S of the

U.K.I

949

Patents Act 1949 of the Un 1·tLd Kin d c,62.

, e g om.

~• i ?enever the Sjlecifi.cat_ilin, or drawings · of a United catio~and b g om Patent registered u1 West Malaysia has or have drawms,.

een. amended by way f d~ 1 .

nation, according to th

1 1, c aimer, col!ection_ or expla-request aceom

e a of the United Kingdom, a drawing8 (if ~8;{ed by a ~opy of the specification and

Comptroller-Gener _as llln~ ded, ~uly certified by the of the United Kin: of Pate, ts DeSJgns and Trade Marks

Patents to substitu~m, may be made to the Registrar of dr~~gs as amended f co Y of the specification and origma11y filed:

or t e specification and drawings

Provided thatm ·

f · ·

, any ca

~hon 4 have been

. e Ui Which the requirements section, an:i: snch substitu~·ai ed ~er the proviso to ·that by the Regis!rar of Paten:O ~aWfuUy effected in Singapore

West Malaysia as if it had t lilgapore, shall have effect in

Patents under this Act.

1 n effected by the Registrar of r

[S. 11-13]

REGISTRATION OF UNI° ED KINGDOM PA: TENTS

(O When any per~on be omes entitled b ass·

11• sJ11ission or operation of aw to the privile~es 1~ent, Registration tr~erred by a ~rt{ficate of r gistration or to a sh: high~s :ei::::Fr·

co becomes entitled as mort . agee, licensee or oth t . erem ~n~-

· t t the ·

erwtse to nuss1on.

other m eres rem, e or t e assignor m t rsub FM fJnsor or other part}'. t<! th~ instrument c;eafugga!~ o...,:61·157.1

interest may make applicab n m the prescribed manner t

the Registrar for the entr>7

the Register of particulars o1

such assignment, transmiss~ n, m~rtgage, licence or other instrument o~ of any event affecting the title or giving an interest therem.

(Z)

A docum~nt · in respe t_ of ~hich no entry has been made in the Registe_r under t 1s sec!ton shall not be admitted in any court evidence o the title of any person to the privileges and nghts conf err d by a certificate of registration or to a share thereof or i terest therein unless the court otherwise directs.

Section 12

Where a certificate p.as een issued by the Comptroller-Registration

General of Patents Designs 1and Trade Marks of the United of a:rtain

Kingdom, or by any othrr officer authorized so to do entrtes.

under the provisions of ~ection 16 (8) of the Paten~ u.K.1949

Act, 1949 ?f the _United !n~dom, and where an entry c.

in the Umted Kingdom Register of Patents has been rectified under the provisio. s of that subsection, an applica-tion may be made to the :&.egistrar of Patents accompanied by a certificate of such reF,tification under the seal of the

United Kingdom Patent .Qffice or a duly certified copy of the certificate issued by sudh-Comptroller-General that such entry may be made in thb Register, and upon receipt of such application the Reg strar shall make the necessary entries in the Register.

Section 13

(2)

e e

t d or a hall be prima facie eviden horized by this Act to :

of all matter~ direc e inserted therein.

. ster of Paten s and the e<:rtified copies of

Section 14

Th R gt. ster of Patents

(2)

Nothing in this sections I all !mpose upon ~he Re~istrar of Patents any duty to make !available to. the l!)Spectton of the ublic copies of specificat~ons or drawu~gs, m respect of an P case in which the ~equirements o~ section 4 have been wa1ved under the provtso to .fhat section ..

Certificate

Section 15

A certificate purporting ro be under the ban~ of the

:::~~ar R~gis~rar ?f Patents or unde~ the hand of the Registrar of or-Registrar Patents Smgapore, as the ci se ~ay be, as to any entry,

0f Patents,

. ma.tter 'or thing which such Registrar of Patents or such

Smgapore;

•

th · d b th'

to _be

Registrar of Patents, Smgap; re, 1s au onze . y 1s Act

~:1e~~~~

Section 1e

· or by any rules made_ thereup~er or by any wntten law . in

Singapore.correspondmg t? tp1s A~t, as_ the case may be, to ni~ke or do,. shall. be pnm~ f ac1e evidence of the entry having been made and of tije contents thereof and of the matter or thing having been done or left undone.

Certified

Section 16

In any proceedings in ahy court, a printed, written or

~~fj::. be photographic copy or extra4 of or from any certified copy of any specification, drawing or other document filed with t~e Registrar_ of Patents or /w!th the Registrar of Patents,

Smgapore, or of or from 11 g1sters or other books in the custo~y of the Registrar of Patents or of the Registrar of

_ ·'Patepts, Singapore, shall be admissible in evidence without

· further proof or' production, of the originals, if-

(a)

in t~e case of ce tified copies of specifications, drawmgs or other d cuments filed with the Registrar of Patents .or of re isters or books in his custody, such . printed, . writ en or photographic copy or

.extract-purports to,. e .certified as a true copy under

.. the hand of the Re 1strar of Patents; or

(b)

in t~e case of c titled copies of specifications,

· · drawmgs or o!her cuments filed with the Registr~r of Patents, Smgap re, or of registers or books m

REGISTRATION OF UNIT D ICINGD

[S. 16-18]

OM PATENTS

his custody, such prin ed, writte copy or · extract purp rts to be

~iliphotograpbic copy under the hand of the ReJ!t ed as a true

Singapore.

O" rar of Patents,

Section 17

The .Minister may make such regulations h think exp~~ent for regulating rocedure under tbi~ Ae may Power to .

for prescnbmg the forms to b used and the fees t · b ct ~d =fati in respect of proceedings und r this Act.

0 e paid ons.

Section 18

The writte~ laws specifie in the Schedule to th· Ac are hereby repealed:

is t !,CJ?eaiand

VIDgs •

. Provided that-

. (a) in re!~tion to any gra · t lo_dged or tnade under the prov1s1ons of _:the I entions Enactmen.t of the F.M.s.

Federated Malay Sta es or the Inventions Enact-Cap. 12.

ment of the State

Johore or the Inventions lohore

Ordinance of the St aits Settlements or of any ;;~0 - 3•

Enactment or Ord~ ce rep~aled by any such I5a. ap.

Enactment or Ord1n nee or m relation to any application or petitio lodged or made thereunder for the extension of he period of the duration of any grant, right or p ivilege conferred thereunder the provisions of the nactment or Ordinance unde;

which such applicatio ,. petition or grant was lodged or made shall contin e in force as if this Act had not been passed but subject in every case-to the following modificatio s-

(i)

in computing a y period of time limited for the duration o¥.

1 ny grant or right or privilege conferred by the said Enactments or Ordinance the period bet een 15th February, 1942 and 5th September, 945, shall be excluded;

(ii)

when under a y of the said Enactments or

Ord~ance, any time is l~ted for an _applica-tion or for the present~tion of a petlb<?n for the extension o the penod of the duration of any grant, righ or privilege conferre~ there-under, it shall e lawful for the appli~~t or petitioner to ap ly or present such petition at any time within a period of one year from t~e commencement of this Act. Every such appli-cation or petit · n shall be addressed to _the

Registrar of atents who shall, notwith-standing anythi g in any such Enactment or

), i

I cs._1~1,1

[S. 18, Schedule]

S.S. No.2

of 1937.

JohoreEn.

No.7 of 1937,

KedahEn.

No.

54.

Kelantan

En.No.JI of 1928.

S.S. No.2

of 1937.

F.M.S.

Cap. 72.

JohoreEn.

No. 7 of 1937.

KedahEn.

No. 54.

Ktlantan

En. No. JI of 1928.

th contrary, have sole power

Ordmance toh tension under such Enact-to grant s6 d; nee Every such extension ments or r t fro~ the date of the grant

~~u::V:x:U~1

unless the Registrar shall otherwise direct;

(b)

the provisions of t e Registration of Um~

Kingdom patents Or · ance, 1937, ~f the. Straits

Settlements, the Regi tration of United Kingdom

Patents Enactment, 1 37, of the State of Johore,

Enactment (No. 54) Inventions of the State of

Kedah and the Jnven ions Enactment, 1928, of the

State of Kelantan s all continue in force, in the

States concerned, as i this Act had not been passed, in relation to any grant made or registration effected under any s ch Ordinance or Enactment whereb~ any !ight o exclusive privilege in respect of any mventiort or patent was conferred.

DULE

(Sections 6 and 18)

The Registration of United Kingd m Patents Ordinance, 1937.

The Inventions Enactment.

The 'Registration of United Kingd m Patents Enactment, 1937.

Enactment (No. 54) Inventions.

The Inventions Enactment, 1928.

Act 215

[List of Anien.:1-

ument, J

l{EGJSTRATION OF ~~~tlNGDOM PATENTs

(Revised-1978)

particulars under section 7 (iz) and (iii) of the Revision of

Laws Act, 1968 (Ac( J)

LIST OF AMENDMENTS

Amending law

Short title

In force from

Ord. 38/56

...

Registration of United Kingdom 25-10-1956

Patents

(Amendment) Ordi-nance, 1956

Ord. 67 /57

Registration of United Kingdom 19-12-1957

Patents

(Amendment) Ordi-nance, 1957

L.N. 332/58

Federal Constitution (Modifica-

13-11-1958

tion of Laws) (Ordinances and

Proclamations) Order, 1958

LIST OF LAWS OR PARTS THEREOF SUPERSEDED

No.

9 of 1951

Title

Registration of United Kingdom Patents Ordi-nance, 1951.

XUALA LUMPVR

GAN PERINTAH PAnA

DICETAJC OLEH KEn.lA PENGARAH PERC£rAKAN DAN DITERBITKAN DEN

26HB OXTOBER 1978

Harga: 50 sen

Common questions

What is REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951?: REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 is Malaysia Act, cited as Act 215 1951, currently marked repealed and first recorded in 1951.
Is REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 still in force?: No — REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 has been repealed.
When did REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 take effect?: REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 was first recorded in 1951.
How many sections does REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 have?: REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 contains 12 sections.
Where can I read the official version of REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951?: The official text of REGISTRATION OF UNITED KINGDOM PATENTS ACT 1951 is published at lom.agc.gov.my.