Akta Paten 1983 (Akta 291) & Peraturan-Peraturan (Hingga 15hb Julai 2013)
Akta Paten 1983 (Akta 291) & Peraturan-Peraturan
Detailed Contents Of Akta Paten 1983 (Akta 291) & Peraturan-Peraturan :
The Act is accompanied by the Patents Regulations 1986, which provide additional details on the registration and protection of patents in Malaysia. The regulations were last updated on July 15, 2013.
The Act outlines the types of inventions that can be patented, which include products, processes, and industrial applications. It also establishes the criteria for patentability, including novelty, inventive step, and industrial applicability. To be eligible for patent protection, an invention must be new and not obvious to a person skilled in the relevant field.
The Act sets out the process for patent registration, which involves filing an application with the Intellectual Property Corporation of Malaysia (MyIPO). The application must include a specification describing the invention in detail and explaining how it works. The application is then examined by MyIPO to ensure that it meets the criteria for patentability.
If the application is approved, the patent is granted for a period of 20 years from the date of filing. During this time, the patent owner has exclusive rights to manufacture, use, and sell the invention in Malaysia. After the patent expires, the invention enters the public domain and can be used by anyone.
The Act also outlines the rights and obligations of patent owners and the remedies available for patent infringement. Patent owners have the right to take legal action against anyone who infringes on their patent. Remedies for infringement can include an injunction to stop the infringing activity, damages to compensate for any losses suffered, and an account of profits made by the infringer.
Overall, the Patents Act 1983 and its accompanying regulations provide a framework for the registration and protection of patents in Malaysia. By granting exclusive rights to inventors for their inventions, the Act encourages innovation and promotes economic growth by allowing inventors to profit from their ideas.