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Re: [ossig] Software Patents Already In Malaysia?



I mentioned before that Malaysia's Patent law 1983 was modified to enable utility patent, which essentially means you can patent a method/process which is basically what software patents are all about.

So now I am wondering does Malaysia actually recognize software patent or not ? If that is the case then the statement the local OSS group made about 'Malaysia does not recognize software patent' should be clarified. During the UM RMS talk even MAMPU said at the moment Malaysia does not recognize software patents, but from what we dug out so far, it seems not the case ?

Malaysia is a WTO member since 1995, and it seems the 1983 patent act was modified to accomodate TRIPs policy in 1997, and again modified in 2000, I forgot what's the 2000 modification.

It seems that we already have software related patents.
It confirms my fears because I know a few companies in Malaysia already claiming to have patents in their software related processes. The problem now is we do not have access to Malaysia's patent database, because it is not transparent and you need to pay for it. I wonder if the database contains the similarly imported software patents you can find in Singapore's epatents website.

I couldn't stress enough, we need a lawyer on the OSS side.
It gets a little tiring having to do all this digging up ourselves.
We need to put the doubts away once and for all so that a more clear and focused objective can be established on how to deal with these issues. Well, I guess being late is better than being totally ignorant of what's happening.



On 10/15/05, Nur Hussein <nhussein@gmail.com> wrote:
According to this:

http://66.102.7.104/search?q=cache:f1_YA_fi9hMJ:www.adelaide.edu.au/cies/papers/sp9716.pdf+malaysia+software+patent+trips&hl=en

For Malaysia:

Enacted Copyright Act of 1987
Joined Paris Convention, January 1989
Amended Patents Act of 1983 to remove bar against software patents, 1997

1997! We're too late?

-= Nur Hussein =-