Malaysia legislation

Section 78Q

of *PATENTS ACT 1983

Section 78Q

Conversion of an international application into a national application

(a)

a foreign receiving office has—

(i)

refused to accord a filing date to an international application;

(ii)

declared that the international application is considered withdrawn; or

(iii)

declared that the designation of Malaysia is considered withdrawn; or

(b)

the International Bureau has declared that an international application is considered withdrawn because it has not received a record copy of the international application within the prescribed period under the Treaty; and

(c)

copies of any document in the international application have been sent to the Patent Registration Office,

82

the applicant may request the Patent Registration Office to review the justification of the refusal or declaration under the Treaty.

(2)

If the Patent Registration Office finds that the refusal or declaration referred to in subsection (1) was the result of an error or omission, it shall treat the international application as if such error or omission had not occurred and shall treat the application as a patent application in accordance with the provisions of this Act.

(3)

(Deleted by Act A1264).