Malaysia legislation
Section 79A
Section 79A
Registration Office in relation to the application, for the purpose of—
(1A)
Where the Registrar finds that the request for amendment of patent under subsection (1) requires an Examiner to re-examine the patent, the owner of a patent shall file a request for re-examination in the form as determined by the Registrar together with the payment of the prescribed fee within the prescribed period.
(1B)
Notwithstanding subsection (1A), the applicant may on his own volition, make a request for re-examination of the patent in the form as determined by the Registrar together with the payment of the prescribed fee.
(2)
The Registrar shall not make an amendment under this section if the amendment would have the effect of disclosing a matter which extends beyond that disclosed before the amendment or if the amendment would have the effect of extending the protection conferred at the time of grant of the patent.
*(3) The Registrar shall not make an amendment under this section if there are—
(a)
pending before any court any proceedings in which the validity of the patent may be put in issue; or
(b)
pending before the Registrar any opposition proceedings under section 55A.
(4)
Every request under subsection (1) shall be accompanied by the prescribed fee.
*NOTE—Subsection 79A(3) is not yet in force—see P.U. (B) 168/ 2022.
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(5)
Notwithstanding subsection (4), no fee shall be payable by the owner of a patent in respect of a request to correct a mistake or an error in any document issued by the Patent Registration Office unless such mistake or error is caused or contributed to by such owner.
Other powers of Registrar