Changes needed for TPP compliance
Malaysia is already compliant with most of the provisions of chapter 18 of the TPP, which is directed at intellectual property matters. However, implementation of certain articles of chapter 18 will require amendment of statutes.
Section 35 of Malaysia’s Patents Act will need amending to allow for patent term adjustment if there is an unreasonable delay by MyIPO. Point 18.46 of chapter 18 defines a delay as a period of more than five years from filing or three years after requesting examination, whichever is later, excluding applicant delays.
Examples of applicant delays are postponement of requesting examination and/or validation, extension of time, reinstatement of national phase entry, voluntary amendments, and divisional applications.
Chapter 18 also provides for publication of an application 18 months from the earliest priority/filing date. Section 34 of the Patents Act only provides that an application will be made available for public inspection after 18 months upon payment of a fee. This will need to be amended to provide for actual publication.
