Malaysia legislation
Section 56
Section 56
(2)
The Court shall invalidate the patent if the person requesting the invalidation proves—
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(a)
that what is claimed as an invention in the patent is not an invention within the meaning of section 12 or is excluded from protection under section 13 or subsection 31(1) or is not patentable because it does not comply with the requirements of sections 11, 14, 15 and 16;
(b)
that the description or the claim does not comply with the requirements of section 23;
(c)
that any drawings which are necessary for the understanding of the claimed invention have not been furnished; or
(d)
that the right to the patent does not belong to the person to whom the patent was granted.
(e)
(Deleted by Act A1649).
(2A)
Notwithstanding subsection (2), the Court shall not invalidate the patent on the ground mentioned in paragraph (2)(d) if the patent has been assigned to the person to whom the right to the patent belongs.
(3)
Where subsection (1) apply on only some of the claims or some parts of a claim, such claims or parts of a claim may be declared invalid by the Court and the invalidity of part of a claim shall be declared in the form of a corresponding limitation of the claim in question.
Invalidation proceedings after filing notice of opposition
*56A. (1) Where the notice of opposition filed by an interested person under section 55A has not been decided by the Registrar, the interested person may not institute any Court proceedings against the owner of the patent for the invalidation of the patent concerned under section 56 unless—
(a)
both parties to the opposition proceedings agree for the invalidation proceedings to be instituted before the Court; or
*NOTE—Section 56A and subsection 57(1) are not yet in force—see P.U. (B) 168/ 2022.
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(b)
the interested person is a defendant in an infringement proceedings.
(2)
Before the interested person institutes the invalidation proceedings under section 56 by virtue of paragraph (1)(a) or (b), the interested person shall—
(a)
notify the Registrar of his intention to institute such proceedings; and
(b)
withdraw the notice of opposition filed under section 55A in the prescribed manner.
Date and effect of invalidation