How will the Patent Amendment Bill 2021 impact local production?

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The Patent Amendment Bill 2021 will facilitate local production by allowing compulsory licensing.

The Patent (Amendment) Bill 2021 introduces provisions that enable any individual to apply for a compulsory license to manufacture and produce patented products within Malaysia. This application can be made at any point after a patent has been granted, without requiring explicit permission from the original patent holder. This amendment aims to streamline the process for local entities seeking to engage in the production of patented goods.
Compulsory Licensing for Local Manufacturing

Under the proposed Patent (Amendment) Bill 2021, the mechanism of compulsory licensing is being made accessible to individuals. This means that a local entity can petition to produce a patented product in Malaysia. The critical aspect of this provision is that it bypasses the necessity of obtaining prior consent from the patent owner.
Application Timing and Scope

The legislation specifies that an application for a compulsory license can be submitted at any time subsequent to the official granting of a patent. This broad timeframe ensures flexibility for local manufacturers. The primary purpose of such a license is to permit the making and production of the patented products specifically within the geographical boundaries of Malaysia.
Addressing Patent Act 1983 Framework

The Patent (Amendment) Bill 2021 operates within the existing framework established by the Patent Act 1983. This earlier legislation, enacted by the Ministry of Domestic Trade and Consumer Affairs (KPDNHEP), originally set out the procedures for patent protection and renewal. Patents under the Act 1983 have a validity period of 20 years from the filing date, subject to annual renewal. The amendment builds upon this foundation by introducing a new pathway for local production.

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How will the Patent Amendment Bill 2021 impact local production?

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