I thought… “A UK granted patent is enforceable in all the Commonwealth Countries”
Absolutely NOT! A UK granted patent is enforceable in the UK only. While some countries (notably some small former British Colony countries) have inherited provisions to allow re-registration of UK granted patents in their country without the need for further examination by their local patent office, this procedure of granting patents is being discontinued by many former British Colony countries.
Even Malaysia had a provision for re-registration of UK granted patents in Malaysia for the UK patent to the enforceable in Malaysia. This provision was repealed when our own Patents Act 1983 came into force. Still, UK patent owners may use their patents as a basis for the grant of a corresponding Malaysian application, but that is a story for another day. Nevertheless, some of the former British colonies still allow re-registration of UK granted patents.
Readers are strongly advised to check with their patent agent to know which of the former British Colonies still adopt re-registration of UK granted patents if there is interest to obtain patent rights in any of the countries.
- Legal Consequences of an Unregistered Franchisor in Malaysia: Hasjay Group Sdn Bhd & Anor v Eco Passions Sdn Bhd & Ors [2022] MLJU 433 - July 25, 2024
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