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09

SEP

2019

The Return of the Dependent Claims and
Patents Act: A New Hope

You must unlearn what you have learned” – Yoda, The Empire Strikes Back (Episode V)


Whilst we wait, in anticipation, for the release of the final episode of Star Wars in December this year, let us tell you about recent developments in patent laws in Malaysia which have gotten practitioners and the industry in Malaysia all excited.

In a ground breaking decision, the majority in the Federal Court of Malaysia’s in Merck Sharp & Dohme Group & Anor v Hovid Berhad (“Merck”) departed from its earlier decision in SKB Shutters Manufacturing Sdn Bhd v Seng Kong Shutters Industries Sdn Bhd & Anor [2015] 6 MLJ 293 (“SKB Shutters”) and ruled that in invalidation proceedings, the Court must assess each dependent claim separately and dependent claims will not automatically fall or found invalid merely on the finding that the independent claim is invalid, thereby restoring consistency with patent practice in other jurisdictions.

In another development, Malaysia is looking to amend the Patents Act. Leading up to that, MyIPO (Intellectual Property Corporation of Malaysia) has recently held a consultation session with members of industry and invited comments and feedback on proposed amendments to the Act.

To read more about the above developments, please click the button below.

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If you have any questions or require any additional information, you may contact me or the partner you usually deal with.


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ZICO IP delivers all facets of Intellectual Property solutions from registration, dispute resolution and enforcement to transactional and regulatory advice in Southeast Asia and beyond. Our practice covers: IP Prosecution and Registration, IP Dispute Resolution, IP Enforcement, Transactional IP, IP Valuation, IP Management, Regulatory Advice. ZICO IP is part of ZICO, an integrated network of multidisciplinary firms helping organizations and individuals succeed in Southeast Asia.


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