Malaysia legislation
Section 69
Section 69
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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)
(7)
Notwithstanding subsections (1), (2), (3), (4), (5) and (6)—
(a)
paragraph 14(2)(b) of the principal Act as amended in section 5 of this Act shall, on the date of coming into operation of this Act, apply to a patent application published under the new section 33d as introduced in section 25 of this Act;
(b)
subsection 17b(4) of the principal Act as amended and the new subsection 17b(4a) as introduced in section 6 of this Act shall, on the date of coming into operation of this Act, apply to an application for a patent or application for a certificate for a utility innovation filed under the principal Act which is pending before the date of the coming into operation of this Act if the report made by the Examiner in accordance with subsection 30(1) or (2)
of the principal Act is issued on or after the date of coming into operation of this Act;
(c)
section 19 of the principal Act as amended in section 8
of this Act and subsection 59(3) of the principal Act as amended in section 49 of this Act shall apply to a patent application or patent, as the case may be, if the period of five years specified in both section 19 and subsection 59(3) of the principal Act in relation to the patent application or patent has not expired on the date of coming into operation of this Act;
(d)
new subsection 26b(1b) as introduced in section 13 of this Act shall, on the date of coming into operation of this Act, apply to an application for a patent or application for a certificate for a utility innovation filed under the principal Act which is pending before the date of the coming into operation of this Act if, on or after the date of coming into operation of this Act—
(i)
an objection is raised in an Examiner’s report made under subsection 30(1) or (2) of the principal
Act for non-compliance with section 26 of the principal Act; or
(ii)
an Examiner’s first report made under subsection 30(1) or (2) of the principal Act is issued by the Registrar;
(e)
subsection 29a(6) of the principal Act as amended in section 17 of this Act shall, on the date of coming into operation of this Act, apply to an application for a patent or application for a certificate for a utility innovation filed under the principal Act before the date of coming into operation of this Act if, any request for the deferment is made on or after the date of coming into operation of this Act for the filing of a request for a substantive examination or modified substantive examination;
(f)
new paragraph 33d(1)(a) as introduced in section 25 of this Act shall, on the date of coming into operation of this Act, apply to an application for a patent or application for a certificate for a utility innovation filed under the principal Act before the date of coming into operation of this Act if, on or after the date of coming into operation of this Act, the period of eighteen months from the filing date or priority date, if right of priority is claimed for that application, expires;
(g)
new paragraph 33d(1)(b) as introduced in section 25 of this Act shall, on the date of coming into operation of this Act, apply to an application for a patent or application for a certificate for a utility innovation filed under the principal Act before the date of coming into operation of this Act if, on the date of coming into operation of this Act, the period of eighteen months from the filing date or priority date, if right of priority is claimed for that application, has not expired;
(h)
subsection 34(3) of the principal Act as amended in section 26 of this Act shall, on the date of coming into operation of this Act, apply to an application for a patent or application for a certificate for a utility innovation filed under the principal Act before the date of coming into operation of this Act if the request for inspection under subsection 34(3) is made on or after the date of coming into operation of this Act;
(i)
new section 34a as introduced in section 27 of this Act shall, on the date of coming into operation of this Act, apply to an application for a patent or application
Patents (Amendment)
43
for certificate for a utility innovation filed under the principal Act before the date of coming into operation of this Act and published under the new section 33d as introduced in section 25 of this Act;
(j)
subsection 35a(1) of the principal Act as amended in section 29 of this Act shall, on the date of coming into operation of this Act, apply to a patent or certificate for a utility innovation granted before the date of coming into operation of this Act if a notice of the lapsing of the patent or certificate for a utility innovation is published in the Official Journal on or after the date of coming into operation of this Act;
(k)
new paragraph 36(1)(d) as introduced in section 30 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;
(l)
new sections 55a and 56a as introduced in sections 45
and 47 of this Act respectively shall apply to a patent or certificate for a utility innovation granted on the date of coming into operation of sections 45 and 47 of this Act;
(m)
new subsection 79a(1a) as introduced in section 57 of this Act shall, on the date of coming into operation of this Act, apply to any request to amend a patent or certificate for a utility innovation filed before the date of coming into operation of this Act which is pending before the Registrar on the date of coming into operation of this Act;
(n)
new subsection 82(2) as introduced in section 60 of this Act shall, on the date of coming into operation of this Act, apply to any act or thing which is to be done under the principal Act and the prescribed period for such act or thing to be done has expired before the date of coming into operation of this Act;
(o)
new section 88a as introduced in section 68 of this Act shall, on the date of coming into operation of this Act, apply to all proceedings before the court which is pending on the date of coming into operation of this Act; and
(p)
any matter which is required to be published in the Gazette under the provisions of the principal Act and still pending publication before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be published in the Official Journal and such matter shall be deemed to have been published in the
Gazette under the principal Act.
(8)
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.
(9)
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.
(10)
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.
(11)
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—
(a)
shall be deemed to have been published in the
Official Journal and the new section 86a as introduced in section 64 of this Act shall apply accordingly without prejudice to any other written law; and
(b)
shall continue to remain in full force and effect until otherwise published in the Official Journal.
KUALA LUMPUR