Malaysia legislation
Section 21
Section 21
Substantive examination
(1)
Where a request for substantive examination has been made under section 20, the Board shall refer the application to an Examiner who—
(a)
shall determine whether the application complies with the requirements of section 14; and
(b)
shall report his determination to the Board.
(2)
If the Examiner reports in accordance with subsection (1)
that the requirements of section 14 are not complied with, the
Board shall give the applicant an opportunity to make observations on the report and to amend the application so as to comply with the requirement within the specified period.
(3)
If the applicant fails to satisfy the Board within the specified period that the requirements of section 14 are complied or to amend the application so as to comply with the requirements, the
Board shall reject the application for the registration of a plant variety and grant of a breeder’s right.
(4)
If the Examiner reports in accordance with subsection (1)
that the application as originally filed or as amended complies with the requirements of section 14, the Examiner shall inform the Board in writing of the findings of his examination.
Application for registration of new plant variety and grant of breeder’s right to be published