Patents (Amendment) Act 2022

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

by substituting for the word “Gazette” wherever appearing the words “Official Journal” except in section 1; and

by substituting for the words “prescribed time” wherever appearing the words “prescribed period”.

Amendment of section 3

by inserting after the definition of “Corporation”

the following definition:

‘ “Council for TRIPS” means the council established under the TRIPS Agreement;’;

by inserting after the definition of “filing date”

the following definitions:

‘ “International Depositary Authority” means a depositary institution which has acquired the status of international depositary authority under the Budapest

Treaty;

“micro-organism” means any organism of microscopic size and parts of an organism of microscopic size, including sterile organism, virus and viroid;’;

by inserting after the definition of “Minister” the following definition:

‘ “Official Journal” means the Intellectual Property

Official Journal published by the Registrar under section 86a;’;

by inserting after the definition of “patented product”

the following definition:

‘ “pharmaceutical product” means—

any patented product; or

any product manufactured through a patented process, of the pharmaceutical sector that includes active ingredient necessary for its manufacture and diagnostic kit needed for its use;’;

Patents (Amendment)

by inserting after the definition of “Registrar” the following definition:

‘ “resident” includes—

a citizen of Malaysia who is residing in

Malaysia;

a non-citizen of Malaysia who—

has obtained permanent resident status in Malaysia and is ordinarily residing in Malaysia;

or

a body corporate incorporated, established or registered under any written law in

Malaysia other than a foreign company;

or

an unincorporated body established or registered under any written law in

Malaysia;’;

in the definition of “right”, by substituting for the full stop at the end of that definition a semicolon; and

by inserting after the definition of “right” the following definition:

‘ “TRIPS Agreement” means the Agreement on

Trade-Related Aspects of Intellectual Property Rights set out in Annex 1C to the Agreement Establishing the World Trade Organization.’.

by substituting for subsection (4) the following subsection:

“(4)  A request for conversion under this section shall be filed with the Registrar within the prescribed period.”; and

by inserting after subsection (4) the following subsection:

“(4a) Without prejudice to the power of the Registrar to allow conversion, the prescribed period referred to in subsection (4) shall not be extended under section 82.”.

by renumbering the existing provision as subsection (1);

and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  In this section, “Government” means the

Federal Government or a State Government.”.

Amendment of section 23a

in the national language text—

by renumbering the existing provision as subsection (1); and

in the English language text, in subsection (1), by substituting for the words “No person resident in Malaysia shall”

the words “No person who is a resident shall”; and

by inserting after subsection (1) the following subsection:

“(2)  An application for the grant of a written authority by the Registrar referred to in subsection (1) shall be made by the resident in the prescribed manner together with the payment of the prescribed fee.”.

Amendment of section 25

by inserting after the word “submitting” the words

“to the Registrar”; and

by substituting for the words “the prescribed form to the Registrar” the words “the form as determined by the Registrar together with the payment of the prescribed fee”.

by substituting for subsection (1) the following subsection:

“(1)  The applicant may, within the prescribed period, make a request to the Registrar for a divisional application to divide an application into two or more applications in the form as determined by the Registrar together with the payment of the prescribed fee, provided that each divisional application shall not go beyond the disclosure in the initial application.”;

by inserting after subsection (1) the following subsections:

“(1a)  A request for the divisional application under subsection (1) shall not be allowed by the Registrar if before the date of such request, the initial application or the immediate preceding application relating to the initial application has been—

granted a patent;

refused;

deemed to be withdrawn;

Patents (Amendment)

withdrawn; or

abandoned.

Without prejudice to the power of Registrar to allow for divisional application, the prescribed period referred to in subsection (1) shall not be extended under section 82.”; and

The deposit of micro-organism with the National

Depositary Authority referred to in subsection (1) shall be made in the prescribed manner.

The deposit of micro-organism with the International

Depositary Authority referred to in subsection (1) shall be made in accordance with the Budapest Treaty.

The deposit of micro-organism with the National

Depositary Authority or the International Depositary Authority, as the case may be, shall be recognized as fulfilling the requirement of disclosure in a patent application.

Any person may make a request for a sample of the micro-organism deposited under subsection (1) in the prescribed manner together with the payment of the prescribed fee and subject to the conditions as prescribed.

For the purposes of this section, “Budapest Treaty”

means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent

Procedure done at Budapest on 28 April 1977.”.

Amendment of section 27

in subsection (1)—

by substituting for the words “the priority”

the words “the right of priority”; and

by inserting after subsection (1a) the following subsection:

“(1b) Where the applicant fails to claim the right of priority during the period of twelve months referred to in subsection (1), the right of priority may be restored if—

a request for restoration of right of priority is made by the applicant to the Registrar in the form as determined by the Registrar together with the payment of the prescribed fee; and

such request under paragraph (a) fulfils the conditions as prescribed.”.

Amendment of section 28

in paragraph (1)(c), by inserting after the words

“a description” the words “including a sequence listing, if any”;

Patents (Amendment)

by inserting after subsection (1) the following subsection:

“(1a) For the purposes of paragraph (1)(d), where the application comprises more than ten claims, each subsequent claim shall be subject to the payment of the prescribed fee.”;

by substituting for subsection (2) the following subsection:

“(2)  Where the Registrar finds that the application made by the applicant does not fulfil the requirement under paragraph (1)(a), (b), (c) or (d), the Registrar shall request the applicant to file the required correction within the prescribed period.”;

by inserting after subsection (2) the following subsection:

“(2a) Where the Registrar finds that the application made by the applicant does not fulfil the requirement under subsection (1a), the Registrar shall request the applicant to make payment of the prescribed fee for each subsequent claim within the prescribed period.”;

by substituting for subsection (3) the following subsection:

“(3)  Where—

the applicant complies with the request of the

Registrar to file the required correction under subsection (2), the Registrar shall record as the filing date the date of receipt of the required correction;

the applicant does not comply with the request of the Registrar to file the required correction under subsection (2), the application shall be treated as abandoned;

the applicant complies with the request of the Registrar to make payment of the prescribed fee for each subsequent claim under subsection (2a), the Registrar shall record as the filing date the date of receipt of the application under subsection (1); or

the applicant does not comply with the request of the Registrar to make payment of the prescribed fee for each subsequent claim under subsection (2a), the Registrar shall record as the filing date the date of receipt of the application under subsection (1) for the first ten claims only.”;

in subsection (4), by inserting after the words “the missing drawings” the words “within the prescribed period”; and

by inserting after subsection (5) the following subsection:

“(6)  The prescribed period referred to in subsections (2), (2a) and (4) shall not be extended by the Registrar under section 82.”.

Amendment of section 29a

in subsection (2), by substituting for the words “the applicant may, instead of requesting for a substantive examination, request for a modified substantive examination”

the words “the applicant may, instead of filing a request for a substantive examination, file a request for a modified substantive examination within a prescribed period”;

in subsection (3), by substituting for the words

“prescribed form” the words “form as determined by the Registrar”;

by deleting subsection (4);

by substituting for subsection (5) the following subsection:

“(5)  If the applicant fails to—

file a request for a substantive examination under subsection (1); or

file a request for a modified substantive examination under subsection (2),

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13

within the prescribed period, the application for a patent shall be deemed to be withdrawn at the end of that period.”;

by substituting for subsection (6) the following subsections:

“(6)  Notwithstanding paragraph (5)(b), the Registrar may, upon the request of the applicant in the form as determined by the Registrar together with the payment of the prescribed fee, allow a deferment of the filing of a request for a modified substantive examination referred to in subsection (2).

The deferment under subsection (6) may be allowed only on the grounds that the patent or other title of industrial property protection has not been granted or is not available by the expiration of the prescribed period for the filing of a request for modified substantive examination.”; and

A notice of an express trust or a beneficiary of an express trust, or both, may be accepted by the Registrar and entered in the Register.

Notwithstanding subsection (2), the Registrar shall not be affected by the notice of an express trust or a beneficiary of an express trust, and failure to enter such notice in the Register does not affect any right or duty under the trust.”.

any document relating to a patent application or patent which may be obtained pursuant to the provisions of this Act; or

any document which is not to be made available to any third party in accordance with this Act.”.

Amendment of section 33b

in subsection (1), by inserting after the words

“prescribed manner” the words “together with the payment of the prescribed fee”; and

in paragraphs (1)(a) and (b), by inserting after the words

“owner of the patent” the words “or the inventor”.

Amendment of section 33c

by substituting for subsection (2) the following subsection:

“(2)  For the purposes of the application under subsection (1), the Registrar shall have the right to appear and be heard, and shall appear if so directed by the Court.”; and

by deleting subsection (4).

by substituting for subsection (1) the following subsection:

“(1)  Where a patent application has been published under section 33d, upon receipt of a payment of the prescribed fee, the Registrar shall make available

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17

for public inspection in the prescribed manner the following information or document relating to a patent application to the extent that such information or document is in the possession of the Registrar—

the name, address and description of the applicant, and the name and address of his agent, if any;

the application number;

the filing date of the application, and if a right of priority is claimed, the priority date, the number of an earlier application, the name of a country in which the earlier application was filed, or where the earlier application is a regional or an international application, the name of the country for which and the office at which it was filed;

the particulars of the application including the description, claim or claims, drawings, if any, and the abstract and any amendments to the application, if any;

any change in ownership of the application and any reference to a licence contract relating to the application;

search and examination reports;

communications in respect of the patent application from the applicant to the Patent Registration

Office as determined by the Registrar; and

patent and non-patent related literature citations submitted by the applicant or any other person to the Patent Registration Office.”;

by deleting subsection (2);

by substituting for subsection (3) the following subsection:

“(3)  Where there is no request made by the applicant under paragraph 33d(1)(b), any person who intends to inspect the information or document relating to a patent application referred to in subsection (1) before the expiry of the eighteen months from the filing date, or if right of priority is claimed, the priority date of a patent application, shall make a request to the Registrar in the form as determined by the Registrar accompanied by—

a written permission of the applicant; and

a payment of the prescribed fee.”; and

in subsection (5), paragraph (6)(b) and subsection (9), by substituting for the words “made available for public inspection” the words “published under section 33d”.

by substituting for the words “two years” the words

“twelve months”; and

by substituting for the words “the prescribed form”

the words “the form as determined by the Registrar together with the payment of the prescribed fee”.

Amendment of section 36

in subsection (1)—

by substituting for the full stop at the end of paragraph (c) the words “; and”; and

by inserting after subsection (4) the following subsection:

“(5)  In proving to the contrary in any proceedings referred to in subsection (4), the person other than the owner of the patent or his licensee shall not be required to disclose any manufacturing or commercial secret if the court is satisfied that it is unreasonable or unnecessary to do so, or prejudicial to the manufacturing or commercial secret of that person.”.

Amendment of section 37

in subsection (1), by substituting for the words “and in particular not to acts done only for scientific research”

the words “and shall not extend to acts done for experimental or scientific research purposes”;

in subsection (1a)—

by inserting after the words “relevant authority”

the words “either in Malaysia or outside

Malaysia”; and

in subsection (3), by substituting for the words

“temporarily in Malaysia” the words “which temporarily or accidentally enters Malaysia”.

in the shoulder note, by substituting for the words

“Assignment and transmission of patent applications and patents” the words “Assignment, transmission and security interest transaction”;

in subsection (1), by inserting after the word “transmitted”

the words “in the same way as other personal or moveable property”;

by inserting after subsection (1) the following subsection:

“(1a)  A patent may be the subject of a security interest in the same way as other personal or moveable property.”;

Patents (Amendment)

by inserting after subsection (2) the following subsections:

“(2a)  Any person who is a party to a security interest transaction in respect of a patent may apply to the Registrar in the prescribed manner to have such security interest transaction recorded in the Register.

Any security interest in respect of a patent may be enforced in the same way as other personal or moveable property.”;

The Registrar may remove the recorded security interest transaction from the Register on the application of any person who is a party to the security interest transaction in the prescribed manner.”.

in the definition of “beneficiary of the compulsory licence”, by deleting the word “and” at the end of that definition;

in the definition of “compulsory licence”, by substituting for the full stop at the end of that definition the words

“; and”; and

by inserting after the definition of “compulsory licence”

the following definition:

‘ “eligible importing country” means—

a least developed country which is a member of the World Trade Organization; and

any other country which is a member of the World Trade Organization which—

notifies the Council for TRIPS of its intention to act as an importer in accordance with Article 31bis and the Annex to the TRIPS Agreement; and

in paragraph (1)(b), by deleting the words “are sold at unreasonably high prices or”;

by inserting after subsection (1) the following subsection:

“(1a)  Notwithstanding subsection (1), at any time after the grant of a patent, any person may make an application to the Registrar for a compulsory licence—

where the products produced in Malaysia under the patent for sale in the domestic market are sold at unreasonably high prices without any legitimate reason; or

Patents (Amendment)

for the purposes of production of a pharmaceutical product in Malaysia and exportation of such pharmaceutical product to an eligible importing country to deal with its public health problem.”;

and

in subsection (2), by substituting for the words

“A compulsory licence” the words “Except for paragraph (1a)(b), a compulsory licence”.

Amendment of section 50

in subsection (1), by substituting for the word “royalty”

the words “adequate remuneration”;

by inserting after subsection (1) the following subsection:

“(1a)  In addition to the requirements specified in subsection (1), an application for a compulsory licence under paragraph 49(1a)(b) shall comply with any other requirements as prescribed.”;

by substituting for subsection (2) the following subsection:

“(2)  Where an application for a compulsory licence is made pursuant to section 49 or a request for a compulsory licence is made pursuant to section 49a, the Registrar shall furnish a copy of the application or the request to the licensor or the licensee, as the case may be, for an opportunity to make observations on the application or request within the prescribed period.”; and

by deleting subsection (3).

in paragraph (b), by deleting the word “and” at the end of that paragraph;

in paragraph (c)—

by substituting for the word “royalty” the words

“adequate remuneration”; and

by inserting after paragraph (c) the following paragraph:

“(d) any other conditions as may be determined by the Registrar.”.

The grant of a compulsory licence by the Registrar under subsection (1) shall not give rise to an action for breach of the licence contract referred to in subsection (1)

by the licensee against the licensor.”.

If the interested person is not a resident, the security for costs of the opposition proceedings as determined by the Registrar shall be given by the interested person at the time of filing the notice of opposition under subsection (1).

After the filing of notice of opposition under subsection (1), any request or filing of documents made by the interested person or owner of the patent in relation to the opposition proceedings shall be made in the prescribed manner together with the payment of the prescribed fee.

The Registrar may form an ad hoc opposition committee to give recommendation to the Registrar in making a decision on the notice of opposition.

At the end of the opposition proceedings, the Registrar shall decide whether to—

Where the Registrar decides to maintain the grant of a patent under paragraph (5)(a) or (b), no application under section 56 shall be made by the interested person in relation to the patent concerned except by way of counterclaim for the invalidation under subsection 60(3) or appeal to the Court under section 88.

Where the Registrar decides to maintain the grant of a patent with any amendment under paragraph (5)(b), the amendment shall be deemed to have effect from the date of the grant of the patent.

Patents (Amendment)

Any decision of the Registrar under this section or any appeal from such decision of the Registrar under section 88

shall not prevent any party to any infringement proceedings from invalidating the patent on any of the grounds referred to in section 56.

In this section, “interested person” includes the Federal Government and a State Government.”.

Amendment of section 56

in paragraph (c), by inserting after the semicolon at the end of that paragraph the word “or”;

in paragraph (d), by substituting for the words “; or”

at the end of that paragraph a full stop; and

by deleting paragraph (e).

both parties to the opposition proceedings agree for the invalidation proceedings to be instituted before the Court; or

the interested person is a defendant in an infringement proceedings.

Before the interested person institutes the invalidation proceedings under section 56 by virtue of paragraph (1)(a)

or (b), the interested person shall—

in subsection (1), by inserting after the words

“part of a claim” the words “under section 55a or 56”; and

by deleting subsection (2).

any offence under this Act or any regulations made under this Act as an offence which may be compounded; and

Patents (Amendment)

the method and procedure for compounding such offence.

The authorized officer may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the authorized officer a sum of money not exceeding fifty per centum of the amount of maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.

A written offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the authorized officer may grant, prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and the authorized officer may forfeit or return any book, account, document or articles seized in connection with the offence, subject to such terms and conditions as the authorized officer thinks fit.

All sums of money received by the authorized officer under this section shall be paid into and form part of the Federal Consolidated Fund.”.

The resident referred to in subsection (1) shall be subject to section 23a.”.

by substituting for subsection (1) the following subsection:

“(1)  The Registrar may, upon a request made by an applicant for a patent in accordance with any regulations made under this Act, amend the patent application, or any document submitted at the Patent Registration Office in relation to the application, for the purpose of—

correcting a clerical error or an obvious mistake;

or

changing the name or address of the applicant or inventor.”;

by inserting after subsection (1) the following subsections:

“(1a)  The request for an amendment referred to in paragraph (1)(b) shall not be allowed if the Court proceedings in relation to the right to the patent application under section 19 is pending.

The Registrar may, upon a request made by an applicant in accordance with any regulations made under this Act, amend the description, claim or claims, drawing, or abstract, of the patent application, provided that the amendment shall not go beyond the disclosure in the initial application as filed.”; and

by inserting after subsection (1) the following subsections:

“(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.

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.”; and

in paragraph (1)(d), by substituting for the words

“amend costs” the words “award costs, including assessment of the costs and the manner in which the costs is to be paid”;

by inserting after subsection (1) the following subsection:

“(1a)  A party to any proceedings before the Registrar who is desirous to obtain costs shall make an application to the Registrar in the prescribed manner.”;

in subsection (2), by substituting for the words

“paragraphs (1)(a), (b) and (c)” the words

“paragraphs (1)(a) and (b)”;

Patents (Amendment)

by inserting after subsection (2) the following subsection:

“(2a)  If any person fails to comply with any order or direction made by the Registrar under paragraph (1)(c)

without any lawful excuse, his application under this

Act shall be treated as abandoned.”; and

by inserting after subsection (3) the following subsection:

“(4)  Nothing in this Act shall prevent the disclosure of information by the Registrar to the National Competent

Authority or relevant Competent Authority established under the Access to Biological Resources and Benefit

Sharing Act 2017 [Act 795] for the purposes of the Patent Registration Office acting as a checkpoint under that Act concerning an application for a patent prior to the publication of a patent application referred to in section 33d.”.

Amendment of section 81

by renumbering the existing provision as subsection (1);

and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  An opportunity of being heard referred to in subsection (1) shall be carried out in the prescribed manner upon payment of the prescribed fee.”.

Amendment of section 82

by renumbering the existing provision as subsection (1);

in subsection (1) as renumbered—

by inserting after the words “Subject to” the words

“subsection 17b(4a), subsection 26b(1b),”;

by inserting after subsection (1) as renumbered the following subsection:

“(2)  The request for extension of time after the expiration of a prescribed period under this Act or any regulations made under this Act shall be made within the period as prescribed.”.

by inserting after subsection (5) the following subsection:

“(5a)  Where the exploitation of a patented invention involves an importation of a pharmaceutical product into Malaysia for the purposes of paragraph (1)(a)—

the Council for TRIPS shall be notified; and

no remuneration shall be payable to the owner of the patent in Malaysia under subsection (3)

if adequate remuneration is paid to the owner of the patent in the exporting country.”; and

in subsection (8), by substituting for the words

“The exploitation of the invention” the words

“The exploitation of the patented invention”.

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Amendment of section 86

by inserting after subsection (3) the following subsection:

“(3a)  The Registrar may cancel the registration of a patent agent on the grounds as may be prescribed.”;

by substituting for subsection (4) the following subsection:

“(4)  The appointment or change of a patent agent—

shall be made in the form as determined by the Registrar together with the payment of the prescribed fee; and

shall not be effective against any third person unless the appointment or change is registered in the Register of Patents

Agents.”; and

in subsection (5)—

by substituting for the words “has neither his domicile nor residence in Malaysia” the words

“is not a resident”; and

all matters relating to patent application and patent which are required to be published under this Act or any regulations made under this Act; and

such other information or matters relating to patent application and patent as the Registrar thinks necessary.

The Registrar shall make available the Official Journal to any person upon receipt of the payment of the prescribed fee.

Publication in the Official Journal shall constitute sufficient notice of any matter required to be published under this Act or any regulations made under this Act.

A copy of the Official Journal shall on its production in any legal proceedings be admitted as evidence without further proof being given that the copy was so published.

A copy of the Official Journal shall be prima facie evidence of the facts stated therein.

Where the Official Journal is published in more than one form, the date of publication of the Official Journal shall be deemed to be the date the Official Journal is first published in any form.”.

Amendment of section 87

in paragraph (f), by deleting the words “forms,”; and

by inserting after paragraph (f) the following paragraphs:

“(fa) to prescribe the National Depositary Authority and regulate all matters relating to the National

Depository Authority;

(fb) to regulate the filing or issuance of documents by electronic means;

(fc) to regulate all matters relating to patent agents;”.

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The directive or practice notice issued by the Registrar under subsection (1) shall be published in the Official Journal and shall come into force on the date specified in such directive or practice notice.

Any person who is specified in the directive or practice notice shall comply with the directive or practice notice.

The Registrar may amend the whole or any part of the directive or practice notice issued under this section.

Subsections (2) and (3) shall apply in respect of any amendment of the directive or practice notice made under subsection (4).

Any application or patent under the Act shall be treated as abandoned, withdrawn, deemed to be withdrawn, invalidated or lapsed, as the case may be, if any directive or practice notice issued by the Registrar is not complied with by the person specified in such directive or practice notice.”.

Amendment of section 88

in subsection (1), by deleting the words “or the Corporation”;

and

by substituting for subsection (2) the following subsection:

“(2)  The procedures of appeal under subsection (1)

shall be made in accordance with the rules of court in civil matters.”.

the Registrar, Deputy Registrar, Assistant Registrar or an Examiner in respect of any act ordered or done for the purpose of carrying into effect this Act; and

any other officer in respect of any act done or purported to be done by him under the order, direction or instruction of the Registrar, if the act was ordered or done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.

Service of application, order or judgement on Registrar 88c.  (1)  A copy of every application to the Court relating to a patent application or patent in the proceedings including an appeal from such application shall be served on the Registrar by the parties to the application in the prescribed manner together with the payment of the prescribed fee.

Upon receipt of a copy of the application including an appeal under subsection (1), the Registrar may change the status of the patent application or patent as the Registrar

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deems fit, subject to further conditions, directions, order or judgement of the court.

Any order or judgement made by the court upon the completion of the application including appeal under subsection (1)

shall be served on the Registrar in the prescribed manner together with the payment of the prescribed fee by the party in whose favour the order or judgement is made or given.

Upon receipt of the order or judgement under subsection (3), the Registrar shall—

Any application or request made under the principal Act relating to a patent or a certificate for a utility innovation which is pending before the date of coming into operation of this Act shall, on the date of the coming into operation of this Act, be dealt with in accordance with the provisions of the principal

Act as if the principal Act had not been amended by this Act.

Any action relating to a patent application or an application for a certificate for a utility innovation taken or commenced under the principal Act which is pending before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be continued in accordance with the provisions of the principal Act as if the principal Act had not been amended by this Act.

Any action relating to a patent or a certificate for a utility innovation taken or commenced under the principal Act which is pending before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be continued in accordance with the provisions of the principal Act as if the principal Act had not been amended by this Act.

Any approval, decision, direction, notice or report made or issued under the principal Act before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, continue in full force and effect as if the principal

Act had not been amended by this Act.

Any investigation, trial or proceedings commenced under the principal Act which is pending before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be continued in accordance with the provisions of the principal Act as if the principal Act had not been amended by this Act.

Patents (Amendment)

Notwithstanding subsections (1), (2), (3), (4), (5) and (6)—

Subsections 37(1) and (3) of the principal Act as amended in paragraphs 31(a) and (c) of this Act shall, on the date of coming into operation of this Act, apply to any patent or certificate for a utility innovation which is still in force on the date of coming into operation of this Act.

Subsection 37(1a) of the principal Act as amended in paragraph 31(b) of this Act shall, on the date of coming into operation of paragraph 31(b) of this Act, apply to any patent or certificate for a utility innovation which is still in force on the date of coming into operation of paragraph 31(b) of this Act.

On the date of coming into operation of this Act, subsection 39(4) of the principal Act as amended in section 33

of this Act shall not affect any security interest transaction that have been entered into before the date of coming into operation of this Act.

Any matter published in the Gazette in accordance with the provisions of the principal Act before the date of coming into operation of paragraph 2(a) of this Act—