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マレーシアの国内移行期限の延長(基本は×→合理的な理由がある場合は特許庁の裁量)

2010.08.17

SKIP

マレーシアでは、国内移行期限の延長は基本的にできませんので、30ヶ月以内に英訳文を準備する必要があります。
但し、Malaysian Patent Actでは、期限を渡河した場合に、出願を復活させることができる制度が一応あります。但し、出願の復活を認めるかどうかは、特許庁の裁量で決まるようです。
Section 78OA. Reinstatement
(1) Where an international application is considered to be withdrawn under section 78O, the applicant may, in writing, apply to the Patent Registration Office to have the international application reinstated by―
(a) submitting to the Patent Registration Office a copy of the international
application in the English language and paying the prescribed fee under subsection 78O(1);
(b) submitting a written statement stating the reasons for the failure to comply with subsection 78O(1) and a declaration or other evidence in support of the reasons for such failure; and
(c) paying the prescribed fee.
(2) The application under subsection (1) shall be made within whichever of the following period expires first:
(a) two months from the date of removal of the cause of the failure to meet the time limit provided in subsection 78O(1); or
(b) twelve months from the date of the expiration of the time limit provided in subsection 78O(1).
(3) Where the Patent Registration Office is satisfied that the failure by the applicant to comply with the requirements of subsection 78O(1) was unintentional, the Patent Registration Office shall reinstate the rights of the applicant with respect to the international application.
(4) Where the Patent Registration Office is not satisfied that the failure by the applicant to comply with the requirements of subsection 78O(1) was unintentional, the Patent Registration Office shall notify the applicant that it intends to refuse the application and give an opportunity to the applicant to make a written representation on the intended refusal within fourteen days from the date of the notice.
(5) After considering any representation made by the applicant under subsection (4), the Patent Registration Office shall decide whether to reinstate the international application or to refuse the application for reinstatement and notify the applicant of its decision. [Ins. A1264: s.13]

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