Malaysia legislation

Section 27

of *PATENTS ACT 1983

Section 27

(1A)

The period of twelve months mentioned in subsection (1) may not be extended under section 82.

Patents 27

(1B)

Where the applicant fails to claim the right of priority during the period of twelve months referred to in subsection (1), the right of priority may be restored if—

(a)

a request for restoration of right of priority is made by the applicant to the Registrar in the form as determined by the

Registrar together with the payment of the prescribed fee; and

(b)

such request under paragraph (a) fulfils the conditions as prescribed.

(2)

Where the application contains a declaration under subsection (1), the Registrar may require that the applicant furnish, within the prescribed period, 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 international 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 regulations pertaining thereto have not been complied with, the declaration referred to in subsection (1) shall be deemed to be invalid.

Priority date