Malaysia legislation

Section 57

of PATENTS (AMENDMENT) ACT 2022

Section 57

Section 79a of the principal Act is amended—

(a)

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.

(1b)

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

(b)

by substituting for subsection (3) the following subsection:

“(3)  The Registrar shall not make an amendment under this section if there are—

(a)

pending before any court any proceedings in which the validity of the patent may be put in issue; or

(b)

pending before the Registrar any opposition proceedings under section 55a.”.

Amendment of section 80