Section 114
Transitional provisions
of Patents Act
(1)
Where an application has been made under section 2 of the
Inventions Act (Chapter 72) before the commencement of this Act, the
Registrar may issue a certificate of registration under section 4 of that Act after that date as if that Act and any regulations made thereunder had not been repealed.
(2)
Where a patent has been granted under any law relating to patents having effect in the United Kingdom, Malaysia or Singapore during the period of 36 months immediately before the commencement of this Act and that patent is still in force on that date, the proprietor of the patent may, within a period of 24 months from that commencement date, make an application for a certificate of registration and the Registrar may issue a certificate on such application as if the Inventions Act (Chapter 72) and any regulations made thereunder had not been repealed.
(3)
Where an application for a patent has been made before the commencement date under any law relating to patents having effect in the
United Kingdom, Malaysia or Singapore and the application is pending on that commencement date, the applicant may, within a period of 12 months
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from the date of issue of the grant of a patent on that application, make an application for a certificate of registration and the Registrar may issue a certificate on such application as if the Inventions Act (Chapter 72) and any regulations made thereunder had not been repealed.
(4)
Any certificate of registration issued under section 4 of the
Inventions Act (Chapter 72) and is in force immediately before the commencement date, or issued after that date by virtue of subsection (1), (2)
or (3) shall continue in force and the patent to which the certificate relates shall be treated for the purposes of this Act as if it were a patent under this
Act granted in pursuance of an application made under this Act and the proprietor of the patent shall accordingly have the same rights, remedies, privileges and obligations and subject to the same conditions (including the payment of any fee prescribed under section 35), as the proprietor of a patent under this Act subject to the following modifications —
(a)
the term of the patent shall date from the date of the patent in the United Kingdom, Malaysia and Singapore, as the case may be, and the patent shall, subject to this Act remain in force for 20 years from that date and only so long as that patent has not been revoked in the United Kingdom, Malaysia or Singapore, as the case may be;
(b)
such other modifications as may be prescribed.
(5)
A patent to which subsection (4) applies shall be treated for the purposes of sections 14(3) and 17(2) as being granted on an application with a date of filing under this Act and published under this Act.
(6)
The date of filing an application for a patent as mentioned in subsection (5), and the priority date of an invention or other matter contained in that application, shall be determined in accordance with the provisions of the applicable law relating to patents.
(7)
Where an act is commenced before the commencement date and continues to be done on or after that date, then, if it would not, under the
Inventions Act (Chapter 72), repealed by this Act, amount to an infringement of a patent or the privileges or rights arising under a specification, its continuance on or after that date shall not amount to the infringement of that patent or those privileges or rights.
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(8)
On the commencement date, the register of patents kept under section 9 of the Inventions Act (Chapter 72), repealed by this Act, shall be taken to form part of the register of patents kept under this Act.
(9)
In this section, “commencement date” means the date of commencement of this Act.
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