Last year, the Malaysian IP Office (MyIPO) maintained the fast pace of substantive examination, which began in year 2014. This has resulted in an increase of more than 5% in the number of patents granted in year 2015. This effort by MyIPO is in anticipation of implementation of the Trans-Pacific ... Read More
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Section 84(3) of the Singapore Patents Act stipulates that post-grant amendment of a patent is allowed only if the amendment does not result in the specification disclosing any additional matter or extending the protection conferred by the patent.
These statutory requirements were further enhanced in the case of Ship’s Equipment Centre ... Read More
August 9, 2016henrygoh
In 2009, the Court of Appeal of Malaysia, decided on a landmark case between McCurry Restaurant (KL) Sdn Bhd v McDonald’s Corporation. The case was first brought by McDonald’s in the High Court for passing off against McCurry Restaurant (KL) Sdn Bhd. McDonald’s claimed that the use of the word ... Read More
August 9, 2016henrygoh
In Malaysia, the first use of a trade mark is an important consideration when deciding who has priority of ownership or first claim to a trade mark. Unlike some countries like China which recognises first to file system, Malaysia acknowledges the right of the first user of a mark. What ... Read More
August 9, 2016henrygoh
The Malaysian Patents Act and Regulations contain provisions for the amendment of patents post-grant. It is a fairly straightforward process, consisting essentially of re-examination by MyIPO. The patent owner files a request with MyIPO, together with the desired amendments. These are examined by an Examiner at MyIPO. Subject to the ... Read More
August 9, 2016henrygoh