Malaysia legislation
Section 14
Section 14
The principal Act is amended by inserting after section 26b the following section:
“Deposit of micro-organism 26c. (1) If an invention involves a micro-organism which is not available to the public and cannot be described in the application for a patent in such a manner as to enable the invention to be carried out by a person having ordinary skill in the art, a sample of such micro-organism shall be deposited by the applicant or any other person with a National
Depositary Authority or an International Depositary Authority not later than the filing date of the patent application.
(2)
The deposit of micro-organism with the National
Depositary Authority referred to in subsection (1) shall be made in the prescribed manner.
(3)
The deposit of micro-organism with the International
Depositary Authority referred to in subsection (1) shall be made in accordance with the Budapest Treaty.
(4)
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.
(5)
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.
(6)
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