Malaysia legislation

Section 28

of *PATENTS ACT 1983

Section 28

(a)

the name and address of the applicant;

(b)

the name and address of the inventor;

(c)

a description including a sequence listing, if any;

(d)

a claim or claims; and

(e)

that at the time of receipt of the application the prescribed fee has been paid.

(1A)

For the purposes of paragraph (1)(d), where the application comprises more than ten claims, each subsequent claim shall be subject to the payment of the prescribed fee.

(2)

Where the Registrar finds that the application made by the applicant does not fulfil the requirement under paragraph (1)(a), (b),

(c)

or (d), the Registrar shall request the applicant to file the required correction within the prescribed period.

(2A)

Where the Registrar finds that the application made by the applicant does not fulfil the requirement under subsection (1A), the

Registrar shall request the applicant to make payment of the prescribed fee for each subsequent claim within the prescribed period.

(3)

Where—

(a)

the applicant complies with the request of the Registrar to file the required correction under subsection (2), the Registrar shall record as the filing date the date of receipt of the required correction;

Patents 29

(b)

the applicant does not comply with the request of the

Registrar to file the required correction under subsection (2), the application shall be treated as abandoned;

(c)

the applicant complies with the request of the Registrar to make payment of the prescribed fee for each subsequent claim under subsection (2A), the Registrar shall record as the filing date the date of receipt of the application under subsection (1); or

(d)

the applicant does not comply with the request of the

Registrar to make payment of the prescribed fee for each subsequent claim under subsection (2A), the Registrar shall record as the filing date the date of receipt of the application under subsection (1) for the first ten claims only.

(4)

Where the application refers to drawings which in fact are not included in the application, the Registrar shall request the applicant to furnish the missing drawings within the prescribed period.

(5)

Where the applicant complies with the request referred to in subsection (4), the Registrar shall record as the filing date the date of receipt of the missing drawings and where the applicant does not so comply, the Registrar shall record as the filing date the date of receipt of the application and make no reference to the said drawings.

(6)

The prescribed period referred to in subsections (2), (2A) and (4)

shall not be extended by the Registrar under section 82.

Preliminary examination

Section 28 — PATENTS ACT 1983 | mylaw.my