This Ordinance may be cited as the Registration of United Kingdom Patents Ordinance, 1951, and shall come into force on such date as the High Commissioner may, by notification in the Gazette, appoint. 1.4.53 -LN. 107/13 Inlerpretu- tiou.
Act 215
Registration of United Kingdom Patents Act 1951
Akta pendaftaran paten united kingdom 1951
This legislation has been repealed. Do not cite it as law in force.
Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.
An Ordinance to provide for the Registration in the Federation of Letters Patent granted in the United Kingdom. [14. 193] ITIS HEREBY ENACTED by the High Commis- siover of the Federation of Malaya and Their Highnesses the Rulers of the Malay States with the advice and consent of the Legislative Council foliows: Shoct tille. 1. This Ordinance may be cited as the Registration of United Kingdom Patents Ordinance, 1951, and shall come into force on such date as the High Commissioner may, by notification in the Gazette, appoint. 1.4.53 -LN. 107/13 Inlerpretu- tiou. 2. In this Ordinance unless the context otherwise requires- "Patent" means letters patent for an invention; "Registrar of Patents" means the person appointed Yangdi.lA ! 232|08 as such by name or olhce by the bugh-Commissionet; for the purposes of this Ordinance; "Registrar of Patents, Singapore" means the person for the time being appointed to such office under any written law of the Colony corresponding to this Ordinance. Application for registra- Lion in thte Pederation of patents granteu in the United Kingdom. Docurients wiich mast accompany application. . Any person being a grantee of a patent in th Jnited Kingdom, or any person deriving his righ from such grantee by assignment, transmission or other operation of law, may apply to the Registrar oi atents within three years from the date of issue oi the patent to hare such patent registered in the Federation. Where any paitial assignment or trans- mission has been madě, all proper parties shall be joined in the application for registration: Provided that the Registrar of Patents may, in his discretion, accept the application where it is shown to his satisfaction that for any reason the applicatior coula not be made within three vears from the date ol issue of the patent in the United Kingdom. 4. Every application under section 3 of this Ordinance shall be accompanied by a certified copy of the specification or specifications (including drawings, it any), of the United Kingdom Patent and a certi- ficate of the Comptraller-General of Patents Designs -
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In this Ordinance unless the context otherwise requires- "Patent" means letters patent for an invention; "Registrar of Patents" means the person appointed Yangdi.lA ! 232|08 as such by name or olhce by the bugh-Commissionet; for the purposes of this Ordinance; "Registrar of Patents, Singapore" means the person for the time being appointed to such office under any written law of the Colony corresponding to this Ordinance. Application for registra- Lion in thte Pederation of patents granteu in the United Kingdom. Docurients wiich mast accompany application. . Any person being a grantee of a patent in th Jnited Kingdom, or any person deriving his righ from such grantee by assignment, transmission or other operation of law, may apply to the Registrar oi atents within three years from the date of issue oi the patent to hare such patent registered in the Federation. Where any paitial assignment or trans- mission has been madě, all proper parties shall be joined in the application for registration: Provided that the Registrar of Patents may, in his discretion, accept the application where it is shown to his satisfaction that for any reason the applicatior coula not be made within three vears from the date ol issue of the patent in the United Kingdom.
Every application under section 3 of this Ordinance shall be accompanied by a certified copy of the specification or specifications (including drawings, it any), of the United Kingdom Patent and a certi- ficate of the Comptraller-General of Patents Designs -
RECISTRATION OF UNITED KINGDOM PATENTS. and Trade Marks of the United Kingdom giving full particulars of the issue of the patent on such specifi- cation or specifications: Provided that, when any such United Kingdom Patent is already registered in the Colony under the DrovIsIons oI any written law corresponding to this Jrainance relating to the registration of Unitec Kingdom Patents, the Registrar of Patents, in his aiscretion, may waive all or any of the requirements of this section absolutely, or subject to such conditions as he may think fit to impose.
Upon such application being received together Issue of with the documents mentioned in section 4 of this Ordinance, where required, and the application fee, tion. of registra- the Registrar of Patents shall'issue a certificate of registration.
Such certificate of registration shall confer on Bights the applicant privileges and rights similar in all respects to those conferred by the issue of the patent in the United Kingdom, but subject, nevertheless, to any privileges or rights acquired under any Ordinance ol Enactment specified in the Schedule to this Ordi- nance or under any Ordinance or Enactment repealed by any such Ordinance or Enactment.
(1) Privileges and rights so granted shall date Commence- rom the date of the patent in the United Kingdom ment an tna shall continue in force only so long as the patent rirhts duration of remains in force in the United Kingdom: Provided that no action for infringement shall be entertained in respect of any manufacture, use or sale of the invention prior to the date of issue of the certificate of registration in the Federation. Any extension, lapse, revocation and restoration after lapse in the Ünited Kingdom of any paten egistered under this Ordinance may be notifled .b the grantee of such patent or any person deriving title under him to the Registrar of Patents, who shall, on production of a certified copy of the order issued by the United Kingdom Patent Office within one year trom the date thereof, enter the same in the Register of Patents and shall issue a certificate in the prescribed förm in respect of such entry. Any extension of the term, or restoration after lapse, of a patent in the United Kingdom shall, on such registration, have
NO. 9 OF 1951. effect in the Federation to extend the term of the patent for the period such patent remains in force in the United Kingdom.
(3) Notwithstanding the provisions of sub-section
(2) of this section, the Registrar' ot latents may, in his discretion, accept a notitication under the provi- sions of the said sub-section, where it is shown to lis satistaction that for any reason such notification could not be made within the period or before the date specifed therein. Special provisions
(1) Subject to the provisions of this section, the às to vessels, following shall not be deemed to constitute intringe- aircrait ment- and Jand vehicles
(a) the use on board a foreign vessel of the patented invention in the body of the vessel or in the machinery, apparatus or other accessories thereot, it the vessel comes into the territorial waters of the Federation temporarily or acciden- tally only, and the invention is used exclusively for the actual needs of the ressel;
(6) the use of the patented invention in the con- struction or working of a foreign aircrait or' foreign land vehicle or of the accessories thereof if the aircraft or vehicle comes into the Federation temporarily or accidentally only.
(2) Subject to the provisions of the next ensuing sub-section, the provisions of this section shall apply y.di.f.A. WN.332/15 only to the vessels, aircraft and land vehicles of those foreign states with respect to which the Iligh Commis- stoner may by proclamation published in the Gazette declare them to be applicable, and so long only, in the case of the vessels, aircraft and land vehicles of each of such foreign states, as the proclamation continues in force with respect to the vessels, aircraft and land vehicles of that state. y. di.P.A. WN.33148
(3) The provisions of this section shall apply to vessels, aircraft and land vehicles of the Ünited Kingdom, and the (Htigh-Cemmissioner may by pro- clamation apply the said provisions to vessels, aircratt aomilios outidetho Uuisted Kingdom in like masty's state. as to vessels, aireraft and land vehicles of a foreign
REGISTRATION UF UNITED KINGDOM PATENTS. 87
(4) For the purposes of this section- Vessels and aircratt shail be deemed to be vessels and aircratt of the country in which they are registered, and land vehičles shall be deemed 1o be rchicles of the country within which the ouners are ordinarily resident. "His Majesty's dominions outside the United Kingdom" "includes the British protectorates and protected • states and any territory respect of which a mandate on behalf of the League of Natious has been accepted by His Majesty or which is administeled by His Majesty_under the trusteeship system of the United Nations. "Foreign state" shall be deemed to include any colony, protectorate, territory subject to tbe authority or under the suzerainty of a foreign state and any territory in respect of which a mandate on behalf of the League of Nations is being exercised by a foreign state or which is administered by a foreign state under the trusteeship system of the United Nations.
The Supreme Court shall have power, upon the Powers al application of any person who alleges that his interests nave been prejudicially, aliected by the issue ot i certificate of registration, to declare that the exclusive Sub. o. 38 privileges and rights conferred by such certificate of $6 registration have not been acquired on any of the Eingdos putais mistabe r evoked unde the lited uhe time being in force in the United Kingdom. grounds shalf be deemed to include the manntacture publication, use, Pederation prior to the date of the patent in the United Kingdom, but hot to include the manulac- uire, publication, use, or sale of the invention in tho Federation by some person or persons after the datc ot' the pateut in the United Kingdom and prior to the dlate of the issue of the certificate of registration under section 5 of this Ordihance.
Whenever che specification or drnwings of i Amenduent Unted Kingdom pateut registered in the Federation tion at has or have heen amended by way of diselaimer. cor- dewings. rection or explanation, accorling to the law of the United Kingdom, i reguest, accompanied by a copy of the specification and drawings (if'any) as itmended.
t-t-=-- No. 9 oF 1951. duly certified by the Comptroller-Cieneral of Patents Designs and Prade Marks of the United Kingdom, may he made to the kegistrar ot Patents to substitute a copy oi the specification and drawings as amended, for die specification and dravings originally filed: Provided that, in any casc in which the require- ments of section ‡ af this Ordinance have been waiveu under the proviso to that section, any such substitution lamfully eliected in the Colony by the Registrar of Patents, Singapore, shall hare effect in the Federa- tion as if it had been effeeted by the Registrar of Patents under this Ordinance. Registratioa
Where a person becomes entitled by assignment, of #s51gÜ- ment er transmission or other operation of law to the (ransuission, privileges and rights conferred by a certifieate of Sub. o.b))5 registration o"' to any interest therein, he may make application in the prescribed manner to the Registrar of Patents for the entry on the Register of such assigument, transmission, or other instrument affect- ing the title, or giving an interest therein. Registration of cortain
Where a certificate has been issued by the eníries. Comptroller-General of Patents Designs and Trade Sarks of the United Kingdum, or by any other officer aithorised so to do, under the provisions of sub- seetion (8) of section 16 of the Patents Act, 1949, and where an entry in the United Kingdom Register of l'atents has been reetified under the provisions of that sub-section, an application may be made to the such Registrai of Pateuts accompanied by a certificate of rectification under the seal'of the United Kingdom Patent Office or a daly certified copy of the certificate issued by such Comptroller General that such entry may be made in the Register, and upon receipt of such application the Registrar shall make hugister of Paleuts. the necessary entries in the Registel.
(1) There shall be kept at the office of the kegistrat of Patents a book |called the Register of ins. 0v757 latents, in which shall be entered the names and adiresses of all persons to jwhom certificates of
KECISTKATION DF LNITED KINGDOM PATENTS. registration ot patents have been issued under this Ordinance, and ot all notiheations of assignments and of transmissions or of other instruments aflecting the title or giving an interest in the patent, as in the last preceding section provided.
(2) The Register of Patents shall be prima fucie evidence of all matters directed or authorised by this Ordinance to be inserted therein. le open to the inspection of the public, and certified copies under the hand of the Registrar of Patents of any entry in such register shall be given to any person r'equiring the same upon payment of the prescribed fees.
(2) Nothing in this section shall impose upon the Registrar of Patents any duty • to make available to the inspection of the public copies of specifications or drawings, in respect of any case in which the require- ments of section "4 have been waived under the proviso to that section.
Pemeriksaan daftar dan spesi:fikasi.
A certificate purporting to be under the hand Cortifcale of the Registrar of Patents or under the hand of the of Registras of Patonts Registrar of Patents, Singapore, as the case mayo be, or Registrar nf Patents, as to any entry, matter or thing, which such Registrar so bapore, of Patents or such Registrar of Patents, Singapore, prime facie I aretadese obbys y wanen laty in the ere nsscrgapom corresponding to this Ordinance, as the case may be, to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or left undone.
In any proceedings in any Court, a printed. Certibed written or photographic copy or extract of or from any copies to bro evidenee, certified copy of any specification, drawing or other document filed with the Registrar of Patents or with the Registrar of Patents, Singapore, or of or from registers or other books in the custody of the Registrar of Patents or of the Registrar of Patents, Singapore. i !
No. 9 oF 1951. shall be admissible in eridence without further proof or production of the originals, if—
(n) in the case of certihed copies of specifications, drawings or other documents filed with the Registrar of Patents or of registers or books in his custody, such printed, written to Deotogriled asaay or eupy upaer oree hand of the Registrar of Patents; or
(b) in the case of certified copies of specifications, drawings or other documents filed with ihe Registrar of Patents, Singapore, or of registers or books in his eustody, such printed, written or paotograpuie copy o1 extract purports to be certified as a trut copy under the bamo of the Registrar of W.3SA|T nitke reguls-
TdRme, Se Cpemay matdlie such r'ogulations as be may think expedient for regnla- tLli5 procecure under this • Ordinance and for prescribing the forms to be used and the fees to be paid in respect of proceedings under this Ordinance. lirpesl and 13911p
The Ordinance and lnactments specified in the Schedule to tbis Ordinance are hereby repcaled: Provided that—
(a) in relation to any grant lodged or made under F:N.S. Capi 72: the provisions of the Inventions Enactment of the Federated Malay States or the •Johore ka. No. 3. S.S. Сap. 150 Inrentions Enactment of the State of Johore or the Inventions Ordinance of the Straits Settlements or of any Enactment or Ordinance repealed by any such fnact- inents or Ordiance or in relation to any iI. privilege conferred thereunder, the provi- sions of the Jnactent or Ordinance undel which such application, petition or grant was lodged or made shall continne in toree as if this Ordinance had not heen passed but subject in erery case to the following murdifientions:
(i) in compuling anty perind of time limiled for 1be duration of any grant or right or privilege con- lorred by the said Enaeimenls 01
.-- BEGISTRATIEY DE LAITED KINGDON TATINTS. 01 Ordinance the period between the lãth Fehruary: 1942, and the 5th September, 1945, shall be ex- eluded;
(ii) when, under any of the said Enactments Urdmanee, any time is limited for an application 01° for the presentation of petition for the extension of the period, right or plarieion ofoen therennder, it shall be lawful for the applicant or petitioner to apply or present such pettion it an! time within a period of one year lrom the commencement of this Ordinance. Every such applica- tionor petition shall be addressed io the Registrar of Patents who chall, votwitlstanding anything in any such Enaciments or Ordi- nance" do the contrary, have sole power to grant such extension under such Enactmeuts Ordinance. Erery such extension shall have eflect from the date of the grant of such extenșion unless Registrar shall otherwise direct;
(d) the provisions of the Registration of United s8. No. 2 Kingdom Patents Ordinance, 1937, of the of 1937 Sraits Setdlements, che Registration of Julare En I'nited Kingdom Patents Enactmient, 1037. 1937, of the State of Johore, Enacdment Kcänh En. (No. 54) Luventions of the State of Kedah No. 54. anl the Inventions Enactment, 1928, of Kelank the State of Kelantan shall continue of 1928. in foree, in the Settlements-ot States re+pectiveн concerned, if this 274N.232/58- Ondinance had not been passed, in reladion lo any grant made pr registration eflected undler imy such Ordinance or Enactment, whereby anv right or exclusire privilege in respect of any invention or palent was conterred.
No = :.MS Top. 7º iehrr: F. - i ol L7ST. Kadal Fn. S0. 54. abartell Ed 4o. 1: .f 195 Nox. 90p 1951. Tнr: Scheor. ¡Beatians t anut 1E.y ihe begiaratiun ai L'hesril Mingsloza Pitents Orlissunce, 1987. The Incenlions Ernetment. Tüt Hegistrasinn oi Tnitesl Kingdon Patetes Enastment, 11:5. Einetrecot (So. 61) lngeglions, Thr Tereations Enaemabt. 1028.
Enakmen (No. 5,4). Rekacipta bagi Neoeri En. Kedah No.54 Kedah dan Enakmen .Rekacipta 1928, bagi En. Negeri Kelantan; adalah terus berkuatkuasa di Kelantan dalam Negeri-Negeri berkenaan, seolah-diah No.JI Tahun Akta ini belum diluluskan,~perhubungan dengan 1928. apa-apa pemberian yang dibuat · atau pen- daftaran yang ·dilaksanakan ·di bawah mana- mana Ordinan atau Enakmen tersebut, di mana apa-apa hak atau keistiinewaan eksklusif ber- kenaan apa..:apa -rekacipta atau paten telah diberikan. JADtJ~ (Seksyen .6.dan 18) . N,N.S. No. 2 Tahun 1937. Ordinan Pendaftaran Paten United Kingdom 1937. N.N.B. Bab 72. Enak:men Rekacipta. En , Johor No. 7 Tahun 1937. Enakmen Peu<laftaran Paten United Khigdom :1937. En. Kedah . ' No.54, Enakmen (No. 54) Rekadpta. t- En, Kelantan E · "t /! ' ' No. u Tahun 19]8. nakmen Rekacipta 1928.' , f,
' ,[Senarai Pindaan ,
tJNOANG-UNDANG MALAYSIA
Alda 215
pENDAFTARAN PATEN UNITED ;\1{1A KINGDOM 1951 (Disemak-1978)
. b tir di bawah seksyen 7 (ii) dan (iii) Akta nutir- uemakan Undang-Undang 1968 (Akta 1) peny
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- Act 215
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Registration of United Kingdom Patents Act 1951 [Act 215] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-215
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).