MALAYSIA

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Pharmaceutical Patent - Extension of Term Provisions

Patent Term
20 years from date of filing for patents granted from 1 August 2001, the date at which the Patents (Amendment) Act 2000 came into force in Malaysia.

Pharmaceutical Patent Extension?
No.

Bolar Provision
Yes. Patents (Amendment) Act 2000
It will not be an infringement to provide parallel importation of patented products. It is also not considered an infringement to use a pharmaceutical patent, if such use is solely for purposes reasonably related to the development and submission of information to the Drug Control Authority (DCA).

References
http://www.ecms-asia.com/news/my_pat/html
http://www.derwent.patentguides/gpe/my_feb.htm

Prepared for IP Organisers by Dr Grace Chan, Phillips Ormonde & Fitzpatrick - October 2002.