The Patents (Amendment) Act 2022 ("PAA")

Pua Siau Kee analyses the recent legislative amendments impacting patent laws in Malaysia.

The PAA was passed by the House of Representatives on 15 December 2021 and subsequently by the Senate on 22 December 2021 to amend the Patents Act 1983 ("PA 1983"). The PAA came into force on 18 March 2022 save for certain provisions pertaining to:

(i) the depositing of microorganism with the relevant authorities;
(ii) the inspection of certain documents by the public; and
(iii) opposition proceedings against a granted patent before the Registrar.

The PAA takes into account Malaysia's commitments under the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS Agreement"), the Regional Comprehensive Economic Partnership Agreement ("RCEP") and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership ("CPTPP").