Malaysia legislation
Section 16
Section 16
Section 28 of the principal Act is amended—
(a)
in paragraph (1)(c), by inserting after the words
“a description” the words “including a sequence listing, if any”;
Patents (Amendment)
(b)
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.”;
(c)
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.”;
(d)
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.”;
(e)
by substituting for subsection (3) the following subsection:
“(3) Where—
(a)
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;
(b)
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;
(c)
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
(d)
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.”;
(f)
in subsection (4), by inserting after the words “the missing drawings” the words “within the prescribed period”; and
(g)
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