Malaysia legislation
Section 78O
Section 78O
(a)
submit to the Patent Registration Office a copy of the international application in the English language; and
(b)
pay the prescribed fee.
(1A)
If the applicant designates Malaysia for the purpose of obtaining a patent under this Act for an international application that involves a microorganism which is not available to the public and cannot be described in the application for a patent in such a manner as to enable the invention to be carried out by a person having ordinary skill in the art, a sample of such microorganism shall be deposited by the applicant or any other person with a National Depositary Authority or an International Depositary Authority not later than the filing date of the international application.
(2)
The Patent Registration Office shall not examine the international application submitted under subsection (1) prior to the expiration of thirty months from the priority date.
(3)
Notwithstanding subsection (2), the Patent Registration Office may, on the request of the applicant, examine an international application prior to the expiration of thirty months from the priority date, if the applicant has—
(a)
submitted to the Patent Registration Office a copy of the international application in the English language; and
(b)
paid the prescribed fee under subsection (1).
(4)
If the applicant does not comply with the requirements of subsection (1), the international application shall be considered to be withdrawn for the purposes of this Act and the Registrar shall notify
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the applicant that his international application is considered to have been withdrawn.
(5)
Any application which has entered the national phase shall comply with the requirements of this Act.
Reinstatement
78OA. (1) Where an international application is considered to be withdrawn under section 78O, the applicant may, in writing, apply to the Patent Registration Office to have the international application reinstated by—
(a)
submitting to the Patent Registration Office a copy of the international application in the English language and paying the prescribed fee under subsection 78O(1);
(b)
submitting a written statement stating the reasons for the failure to comply with subsection 78O(1) and a declaration or other evidence in support of the reasons for such failure; and
(c)
paying the prescribed fee.
(2)
The application under subsection (1) shall be made within whichever of the following period expires first:
(a)
two months from the date of removal of the cause of the failure to meet the time limit provided in subsection 78O(1);
or
(b)
twelve months from the date of the expiration of the time limit provided in subsection 78O(1).
(3)
Where the Patent Registration Office is satisfied that the failure by the applicant to comply with the requirements of subsection 78O(1)
was unintentional, the Patent Registration Office shall reinstate the rights of the applicant with respect to the international application.
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(4)
Where the Patent Registration Office is not satisfied that the failure by the applicant to comply with the requirements of subsection 78O(1) was unintentional, the Patent Registration Office shall notify the applicant that it intends to refuse the application and give an opportunity to the applicant to make a written representation on the intended refusal within fourteen days from the date of the notice.
(5)
After considering any representation made by the applicant under subsection (4), the Patent Registration Office shall decide whether to reinstate the international application or to refuse the application for reinstatement and notify the applicant of its decision.