Malaysia legislation

Section 78A

of *PATENTS ACT 1983

Section 78A

For the purposes of this Part—

“International Bureau” means the International Bureau of the World

Intellectual Property Organization and, as long as it subsists, the

United International Bureau for the Protection of Intellectual Property

(BIRPI);

“international search” means a search conducted by the International

Searching Authority appointed under Article 16 of the Treaty to discover relevant prior art with respect to the invention;

“international phase” means the period beginning from the filing of an international application to the time the international application enters the national phase;

“national phase” means the period beginning from the performance, by the applicant, of the acts specified in subsection 78O(1);

Patents 75

“State” means a state which is a party to the Treaty;

“patent” includes utility innovation;

“receiving office” means the national office or the intergovernmental organization with which the international application has been filed;

“elected office” means the national office of or acting for the State elected by the applicant under Chapter II of the Treaty;

“designated office” means the national office of or acting for the

State designated by the applicant under Chapter I of the Treaty;

“international preliminary examination” means a preliminary and non-binding examination carried out by the International Preliminary

Examination Authority appointed under Article 32 of the Treaty on the questions of whether the invention appears to be novel, involves an inventive step and is industrially applicable;

“international application” means an application for a patent filed under the Treaty;

“Treaty” means the Patent Cooperation Treaty done at Washington on 19 June 1970.

Section 78A — PATENTS ACT 1983 | mylaw.my