JUDGMENT

[After Trial]

Azlan Sulaiman JC:

A. Introduction

[1] This action involves Malaysian Patent No: MY-145342-A ("Patent 342"). Patent 342 is a product patent, entitled "Improvement to Holder of Former Used in Dipped Latex Products Manufacturing Process."

[2] The product under Patent 342 is not as perplexing as it sounds when that title is broken down. The latex products that are manufactured here are latex (rubber) gloves. A "former" is the mould made out ceramic in the shape of the gloves to form them. The "holder" literally does as it is named; it holds the former to the conveyor chain of a dipping machine. As the conveyor chain with multiple holders and multiple formers rotates along the dipping machine, the formers are at specific intervals dipped into containers filled with latex. Immersed with the latex, the formers are then lifted out to emerge in the form of rubber gloves coated in latex. When dry and upon being removed from the formers, rubber gloves will result.

[3] Thus, Patent 342 is supposed to be an invention which makes an inventive improvement to the holders of such contraption.

[4] The Plaintiff brought this action against the Defendant under the Patents Act 1983 (