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Patents Act 1983

PATENTS ACT 1983

AKTA PATEN 1983

Act 291 · consolidated to 1 Nov 2023 · 116 pp

Intellectual property rights
Consolidated to 1 November 2023. Amendments made after that date are not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

Rarely the arts' first port of call, but it matters for makers who invent: instrument and pedal builders, textile and materials processes, stage and lighting rigs, and the hardware side of interactive and immersive work.

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Absolute novelty: any public disclosure, including an exhibition or a demo, before filing destroys patentability.

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What to read first

Section numbers read out of the AGC text itself

s.11Patentable inventions
s.18Right to a patent
s.36Rights of owner of patent
s.35Duration of patent
topicUtility innovation
Full arrangement of sections 135 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title, commencement and application
s.2Extent of application
s.3Interpretation
s.8Registrar, Deputy Registrars and Assistant Registrars
s.9Patent Registration Office
s.9AExaminers
s.10Patent information service
s.11Patentable inventions
s.12Meaning of “invention”
s.13Non-patentable inventions
s.14Novelty
s.15Inventive step
s.16Industrial application
s.17AApplication
s.17BConversion from an application for a patent into an application for a certificate for a utility innovation, and vice versa
s.17CPatent and certificate for a utility innovation cannot both be granted for the same invention
s.18Right to a patent
s.19Judicial assignment of patent application or patent
s.20Inventions made by an employee or pursuant to a commission
s.21Inventions by Government employee
s.22Joint owners
s.23Requirements of application
s.23AApplications by residents to be filed in Malaysia first
s.24Application fee
s.25Withdrawal of application
s.26Unity of invention
s.26CDeposit of microorganisms
s.27Right of priority
s.27APriority date
s.28Filing date
s.29Preliminary examination
s.29ARequest for substantive examination or modified substantive examination
s.30Substantive examination and modified substantive examination
s.30AProhibition of publication of information which might be prejudicial to the nation
s.31Grant of patent
s.31ACertified or non-certified copy of patent application or patent
s.32Register of Patents
s.32ANotice of trust in Register
s.33Examination of Register and copies of or extracts from Register
s.33ACertified copies of or extracts from Register, etc., admissible as evidence in court
s.33BAmendments to the Register
s.33CCourt may order rectification of the Register
s.33DPublication of application
s.34Public inspection
s.34AThird party observation
s.35Duration of patent
s.35AReinstatement of a lapsed patent
s.35BApplicant or Patent Registration Office may request for international search
s.36Rights of owner of patent
s.37Limitation of rights
s.38Rights derived from prior manufacture or use
s.39Assignment, transmission and security interest transaction
s.40Joint ownership of patent applications or patents
s.41Meaning of licence contract
s.42Entry in the Register
s.43Rights of the licensee
s.44Rights of the licensor
s.45Invalid clauses in licence contracts
s.46Effect of patent application not being granted or patent being declared invalid
s.47Expiry, termination or invalidation of licence contract
s.49Application for compulsory licences
s.49AApplication for compulsory licence based on interdependence of patents
s.50Request for grant of compulsory licence
s.51Decision by the Registrar
s.52Scope of compulsory licence
s.52AGrant of compulsory licence shall not give rise to breach of contract
s.53Limitation of compulsory licence
s.54Amendment, cancellation and surrender of compulsory licence
s.55Surrender of patent
s.55AOpposition of patent
s.56Invalidation of patent
s.56AInvalidation proceedings after filing notice of opposition
s.57Date and effect of invalidation
s.58Acts deemed to be infringement
s.58AActs deemed to be non-infringement
s.59Infringement proceedings
s.60Injunction and award of damages
s.61Infringement proceedings by licensee and beneficiary of compulsory licence
s.62Declaration of non-infringement
s.62AApplications in contravention of section 23A
s.62BPublication of information in contravention of Registrar’s directions
s.63Falsification of Register, etc
s.64Unauthorized claim or patent
s.65Unauthorized claim that patent has been applied for
s.66Misuse of title “Patent Registration Office”
s.66AUnregistered persons practising, etc., as a patent agent
s.67Offences by corporations
s.68Authorization of officer to exercise powers under this Part
s.69Powers of arrest
s.70Search with warrant
s.71List of things seized
s.72Return of things seized
s.73Power of investigation
s.74Examination of witnesses
s.75Admission of statements in evidence
s.76Obstruction to search, etc
s.76ACompounding of offences
s.77Institution of prosecution
s.78Jurisdiction of subordinate Court
s.78AInterpretation
s.78BApplication
s.78CPatent Registration Office as receiving office
s.78DPatent Registration Office as designated office
s.78EPatent Registration Office as elected office
s.78FPerson eligible for international application
s.78GFiling of an international application
s.78KProcessing of international applications
s.78KAFees
s.78LInternational Searching Authority
s.78MInternational Preliminary Examination Authority
s.78NInternational publication of international application and its effect
s.78OEntering the national phase
s.78OAReinstatement
s.78QConversion of an international application into a national application
s.79Powers of Registrar to amend patent application
s.79APower of Registrar to amend patent
s.80Other powers of Registrar
s.81Exercise of discretionary power
s.82Extension of time
s.83Extension of time by reason of error in Patent Registration Office
s.83ACertificate by the Registrar
s.84Rights of Government
s.85Refusal to grant patent by the Registrar
s.86Patent agents
s.86AIntellectual Property Official Journal
s.87Regulations
s.87ADirective or practice notice by Registrar
s.88Appeal
s.88ACosts of proceedings before court
s.88BProtection against suit and legal proceedings
s.88CService of application, order or judgement on Registrar
s.88DRegistrar not to be made party to certain proceedings
s.88EPower to amend Schedule
s.89Repeal and saving provisions
s.90Transitional
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