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Malaysia Legislation


P.U.(A) 327/86
PATENTS REGULATIONS 1986

PART II - APPLICATION AND PROCEDURE FOR GRANT AND DURATION OF PATENT.



Regulation 27C. Substantive examination.

(1) The requirements of sections 13,14,15 and 16, Part V, and sections 26, 26A, 26B, and 27 of the Act and regulations 7 (2) ,10,12 to 17,21 and 50 shall be substantive requirements for the purposes of section 30 (1) of the Act.

(2) For the purpose of determining whether the application complies with the substantive requirements, in particular sections 14 and 15 of the Act, the Examiner shall search such documents as the Registrar deems necessary.

(3) Upon receipt of the Examiner's report under section 30(1) (b) of the Act, the Registrar may request the Examiner to conduct a further search or other investigation to determine whether the requirements of sections 14 and 15 of the Ad have been satisfied and subregulation (2) shall apply in relation to such further search or other investigation.

(4) Where section 30 (3) of the Act applies, the Registrar shall send a copy of the Examiner's report to the applicant and the applicant shall make any observation on such report or any amendment to the application or both within three months from the date of mailing of the report.

(5) Where the applicant makes any observation on the Examiner's report or any amendment to the application or both within the prescribed period, the Registrar shall refer them to the Examiner who shall report his determination to the Registrar.

(6) Without prejudice to the foregoing provisions the prescribed period for compliance with the substantive requirements shall be five years from the filing date of the application.