Section 29A

If a patent or other title of industrial property protection has been granted to the applicant or his predecessor in title in a prescribed country outside Malaysia or under a prescribed treaty or Convention for an invention which is the same or essentially the same as the invention claimed in the application, the applicant may, instead of filing a request for a substantive examination, file a request for a modified substantive examination within a prescribed period.

A request for a substantive examination or a modified substantive examination shall be made in the form as determined by the Registrar and shall not be deemed to have been filed until the prescribed fee has been paid to the Registrar and any other prescribed requirement has been complied with.

(Deleted by Act A1649).

If the applicant fails to—

Notwithstanding paragraph (5)(b), the Registrar may, upon the request of the applicant in the form as determined by the Registrar together with the payment of the prescribed fee, allow a deferment of the filing of a request for a modified substantive examination referred to in subsection (2).

The deferment under subsection (6) may be allowed only on the grounds that the patent or other title of industrial property protection has not been granted or is not available by the expiration of the prescribed period for the filing of a request for modified substantive examination.

No deferment shall be granted under subsection (6) unless the request for such deferment is filed before the expiration of the prescribed period for the filing of a request under subsection (2) and no deferment may be sought nor granted for a period greater than that prescribed in the regulations made under this Act.

Without prejudice to the power of the Registrar to grant a deferment, the period prescribed for the purposes of this section may not be extended under section 82.

Substantive examination and modified substantive examination