[After Trial]

Azlan Sulaiman:

Introduction

[1] This Judgment is on the Plaintiff's action for infringement of its registered utility innovation.

Preliminaries

The Patents Act 1983

[2] A utility innovation ("UI") has been described as a mini-patent. Indeed, there is no Utility Innovation Act and the primary legislation governing utility innovations is the Patents Act, 1983 ("Act").

[3] Part IVA of the Act is entitled "Utility Innovations". Section 17 of the Act provides:

"Definition.

For the purposes of this Part and any regulations made under this Act in relation to this Part, "utility innovation" means any innovation which creates a new product or process, or any new improvement of a known product or process, which is capable of industrial application, and includes an invention."

[4] Section 17A of the Act provides:

"Application.

(1) Except as otherwise provided in this Part, the provisions of this Act, subject to the modifications in the Second Schedule, shall apply to utility innovations in the same manner as they apply to inventions.

(2) Sections 11, 15, 26, Part X, and ss 89 and 90 shall not apply to utility innovations."

[5] Section 36 of the Act sets out the rights of a paten