Malaysia legislation
Section 45
Section 45
New section 55a
The principal Act is amended by inserting after section 55
the following section:
“Opposition of patent 55a. (1) Where no proceedings under any provision of this Act is instituted at the Court in relation to a patent, any interested person may, within the prescribed period from the date of publication of the grant of the patent, commence opposition proceedings by filing a notice of opposition against the owner of the patent in relation to the grant of the patent to the Registrar in the prescribed manner on any of the grounds specified in paragraph 56(2)(a), (b) or (c)
together with the payment of the prescribed fee.
(2)
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).
(3)
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.
(4)
The Registrar may form an ad hoc opposition committee to give recommendation to the Registrar in making a decision on the notice of opposition.
(5)
At the end of the opposition proceedings, the Registrar shall decide whether to—
(a)
maintain the patent;
(b)
maintain the patent with any amendment; or
(c)
invalidate the patent.
(6)
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.
(7)
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)
(8)
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.
(9)
In this section, “interested person” includes the Federal Government and a State Government.”.
Amendment of section 56