Malaysia legislation

Section 17C

of *PATENTS ACT 1983

Section 17C

(a)

made an application for a certificate for a utility innovation;

or

Patents 21

(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mentioned in paragraph (b), a patent shall not be granted until the application mentioned in paragraph (a) has been withdrawn or the certificate mentioned in paragraph (b) has been surrendered.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 mentioned 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a certificate for a utility innovation shall not be granted until the application mentioned in paragraph (a) has been withdrawn or the patent mentioned in paragraph (b) has been surrendered.