The Fall Of A Stack Of Patent Claims In Malaysia

In patent practice, it is common to have at least one independent claim followed by at least one or more claims depending on the independent claim. The dependent claim would be interpreted to mean to claim the features claimed in the independent claim and the features in the dependent claims, thus narrowing the scope of protection of the independent claim. Now, how are the dependent claims to be interpreted if the independent claim on which the dependent claim depends on is declared invalid for lack of novelty or invention step or for any other reason? Recently the Federal Court of Malaysia, which is the apex court in Malaysia, had an opportunity to pronounce judgment on this question.

The Federal Court in the case of SKB Shutters Manufacturing Sdn Bhd vs. Seng Kong Shutter Industries & Tan Kooi Lim...