Malaysia legislation
Section 89
Section 89
Repeal and saving provisions
The Registration of United Kingdom Patents Act 1951 [Act 215], the Patents Ordinance of Sarawak [Sarawak Cap. 61], the Registration of United Kingdom Patents Ordinance of Sabah [Sabah Cap. 124] and the Patents (Rights of Government) Act 1967 [Act 53 of 1967] are repealed:
Provided that:
(a)
any subsidiary legislation made under the repealed laws shall in so far as such subsidiary legislation is not inconsistent with the provisions of this Act continue in force and have effect as if it had been made under this Act and may be repealed, extended, varied or amended accordingly;
(b)
any appointment made under the repealed laws or subsidiary legislation made thereunder shall continue in force and have effect as if it had been made under this Act unless the
Minister otherwise directs;
*(c) any certificate or grant issued or made, in respect of a patent, under the repealed laws and in force immediately prior to the coming into force of this Act shall remain in force—
(i)
so long as the original patent remains in force in the
United Kingdom; or
(ii)
until the expiration of twenty years from the date of application, whichever is the earlier.
*NOTE—Paragraph 89(c) shall be deemed to be and to have always been an integral part of section 89
from the date of coming into force of the principal Act—see subsection 45(2) of the Patents (Amendment)
Act 1993 [Act A863].
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Transitional
*90. (1) Where an application has been made under an Act or
Ordinance repealed under section 89, the Registrar may issue a certificate or make a grant on such application as if the Act or
Ordinance had not been repealed, and such certificate or grant shall remain in force—
(a)
so long as the original patent remains in force in the United
Kingdom; or
(b)
until the expiration of twenty years from the date of application, whichever is the earlier.
(2)
Where a patent has been granted under the United Kingdom
Patents Act 1977 not earlier than twenty-four months before the coming into force of this Act, the owner of the patent may, within a period of twelve months from the coming into force of this Act, make an application for a certificate or a grant and the Registrar may issue a certificate or make a grant on such application as if the Act or
Ordinance repealed under section 89 had not been repealed, and such certificate or grant shall remain in force—
(a)
so long as the original patent remains in force in the United
Kingdom; or
(b)
until the expiration of twenty years from the date of the application, whichever is the earlier.
(3)
(Deleted by Act A863).
*NOTE—Every grant made in Sarawak before the coming into force of this section and purported to have been made under subsection 90(1) or 90(2) of the principal Act is hereby declared to have been lawfully and validly made notwithstanding the omission of an express reference to the making of such grant—see the Patents (Amendment) Act 1993 [Act A863].
Patents 97
(4)
Where, prior to the coming into force of this Act, an application for a patent has been made under the United Kingdom Patents Act 1977
or an application designating the United Kingdom has been filed at the
European Patent Office, the applicant may, within a period of twelve months from the coming into force of this Act, make an application for the grant of a patent under this Act, and such application shall be accorded the filing date and the right of priority which have been accorded to it in the United Kingdom.
*NOTE—see section 69 of the Patent (Amendment) Act 2022 [Act A1649] w.e.f 18 March 2022 which provides the following provision:
Saving and transitional provisions