Malaysia legislation

Section 26C

of *PATENTS ACT 1983

Section 26C

(2)

The deposit of microorganism with the National Depositary

Authority referred to in subsection (1) shall be made in the prescribed manner.

(3)

The deposit of microorganism with the International Depositary

Authority referred to in subsection (1) shall be made in accordance with the Budapest Treaty.

(4)

The deposit of microorganism with the National Depositary

Authority or the International Depositary Authority, as the case may be, shall be recognized as fulfilling the requirement of disclosure in a patent application.

(5)

Any person may make a request for a sample of the microorganism deposited under subsection (1) in the prescribed manner together with the payment of the prescribed fee and subject to the conditions as prescribed.

(6)

For the purposes of this section, “Budapest Treaty” means the

Budapest Treaty on the International Recognition of the Deposit of

Microorganisms for the Purposes of Patent Procedure done at Budapest on 28 April 1977.

Right of priority