Patents Act 1983 (Act 291) & Regulations [As at 25th November 2022]

Patents Act 1983 (Act 291) & Regulations

[As at 25th November 2022]

An Act to make better provisions in the law relating to patents and for other matters connected therewith.

Detailed Contents of Patents Act 1983 (Act 291):

In Malaysia, the registration, ownership, and protection of patents are governed by the Patents Act 1983 (Act 291). The Act outlines the rights and responsibilities of patent holders and other parties participating in the patent system as well as the framework for the issuance and enforcement of patents.

Any novel innovation that involves an innovative step and can be used in industry may be granted a patent under the Act. During a period of 20 years following the date the patent application was submitted, the patent holder has the only authority to bar others from creating, utilising, or offering the innovation for sale without their permission.

The Act outlines the prerequisites and steps for submitting a patent application, including the necessity to provide a description of the invention and the applicant's intended claims. The Malaysian Intellectual Property Office (MyIPO) examines the application to make sure the innovation satisfies the legal conditions for patentability.

The Act also enables the prosecution of infringers in court in order to enforce patents. Patent owners are entitled to file a lawsuit for damages for any losses incurred as a result of the infringement as well as for an injunction to stop further infringement. The Act also imposes criminal penalties for some types of patent infringement, including the importation or sale of patented goods without the owner's consent.

The processes for assigning, granting licences, and transferring patent rights are also outlined in the Patents Act of 1983. Subject to a few restrictions and circumstances, patent owners have the ability to licence or assign their patent rights to third parties.

The Act is complemented by rules that offer additional instructions on how the Malaysian patent system should be run. The rules address a number of issues, such as the costs associated with obtaining and maintaining a patent, how patents are examined and granted, and how patent agents must be registered.

Overall, the Patents Act 1983 and its implementing rules offer a framework for the issuance, ownership, and defence of patents in Malaysia with the intention of promoting the nation's technological advancement and innovation. To make sure they continue to be applicable and successful in achieving their goals, the Act and regulations are periodically reviewed and modified.