Malaysia legislation
Section 34
Section 34
*(1) Where a patent application has been published under section 33D, upon receipt of a payment of the prescribed fee, the
Registrar shall make available for public inspection in the prescribed manner the following information or document relating to a patent application to the extent that such information or document is in the possession of the Registrar—
(a)
the name, address and description of the applicant, and the name and address of his agent, if any;
(b)
the application number;
(c)
the filing date of the application, and if a right of priority is claimed, the priority date, the number of an earlier application, the name of a country in which the earlier application was filed, or where the earlier application is a regional or an international application, the name of the country for which and the office at which it was filed;
(d)
the particulars of the application including the description, claim or claims, drawings, if any, and the abstract and any amendments to the application, if any;
(e)
any change in ownership of the application and any reference to a licence contract relating to the application;
(f)
search and examination reports;
(g)
communications in respect of the patent application from the applicant to the Patent Registration Office as determined by the Registrar; and
(h)
patent and non-patent related literature citations submitted by the applicant or any other person to the Patent Registration
Office.
*NOTE—Subsection 34(1) is not yet in force—see P.U.(B) 168/2022.
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(2)
(Deleted by Act A1649).
(3)
Where there is no request made by the applicant under paragraph 33D(1)(b), any person who intends to inspect the information or document relating to a patent application referred to in subsection (1) before the expiry of the eighteen months from the filing date, or if right of priority is claimed, the priority date of a patent application, shall make a request to the Registrar in the form as determined by the Registrar accompanied by—
(a)
a written permission of the applicant; and
(b)
a payment of the prescribed fee.
(4)
A certified extract of the information may be obtained upon payment of the prescribed fee.
(5)
After an application is published under section 33D, an applicant may in writing warn a person who has commercially or industrially worked the invention which is the subject matter of the application that a patent application for the invention has been filed.
(6)
An applicant may demand that a person who has commercially or industrially worked the invention pay as compensation to the applicant in respect of the invention—
(a)
from the time the person is given the warning under subsection (5); or
(b)
in the absence of a warning, after the patent application in respect of the invention has been published under section 33D, an amount equivalent to what he would have normally received for the working of the invention to the time of the grant of the patent.
(7)
The right to demand compensation as provided for in subsection (6) shall be exercised only after the grant of the patent.
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(8)
The exercise of the right to demand compensation under subsection (6) shall not prevent the applicant from exercising his rights as the owner of the patent in respect of the invention after the grant of the patent.
(9)
Where a patent application is withdrawn or refused after the application is published under section 33D, the right under subsection (6) shall be deemed never to have existed.
Third party observation