Patents Act 1994

In this Act, unless the context otherwise requires —

“Convention on International Exhibitions” means the Convention relating to International Exhibitions signed in Paris on 22 November 1928, as amended or supplemented by any protocol to that convention which is for the time being in force;

“corresponding application”, in relation to an application for a patent (called in this definition the application in suit), means an application for protection filed, or treated as filed, with any prescribed patent office that

“corresponding international application”, in relation to an application for a patent (called in this definition the application in suit), means an application for protection filed under the Patent Co-operation Treaty that

“corresponding patent”, in relation to a corresponding application, means a patent granted in respect of the corresponding application by the prescribed patent office in which the corresponding application was filed or treated as filed;

“Council for TRIPS” means the Council for Trade-Related Aspects of Intellectual Property Rights established under the TRIPS Agreement;

“country” includes

“court” means the General Division of the High Court;

“date of filing”, in relation to

“designate”, in relation to an application or a patent, means designate the country or countries (pursuant to the Patent Co‑operation Treaty) in which protection is sought for the invention which is the subject of the application or patent;

“Doha Declaration Implementation Decision” means the Decision adopted by the General Council of the World Trade Organisation on 30 August 2003 on the implementation of paragraph 6 of the Declaration on the TRIPS Agreement and Public Health adopted in Doha on 14 November 2001;

“employee” means a person who works or (where the employment has ceased) worked under a contract of employment or in employment under or for the purposes of a Government department;

“employer”, in relation to an employee, means the person by whom the employee is or was employed;

“European Patent Convention” means the Convention on the Grant of European Patents;

“European Patent Office” means the office of that name established by the European Patent Convention;

“examination” means an examination conducted by an Examiner in relation to an application for a patent to determine such matters as may be prescribed;

“Examiner” means any person, organisation, entity or foreign or international patent office or organisation appointed by the Registrar for the purpose of referring any question or matter relating to patents (including the conduct of any search, examination or search and examination, in relation to an application for a patent, whether before or after the patent is granted), and includes any Deputy Registrar of Patents, and any Assistant Registrar of Patents or public officer to whom the Registrar has delegated, under section 5(1), any of the Registrar’s powers or functions under this Act;

“exclusive licence” means a licence from the proprietor of or applicant for a patent conferring on the licensee, or on the licensee and persons authorised by the licensee, to the exclusion of all other persons (including the proprietor or applicant), any right in respect of the invention to which the patent or application relates, and “exclusive licensee” and “non-exclusive licence” are to be construed accordingly;

“filing fee” means the fee prescribed for the purposes of section 25;

“formal requirements” means those requirements of this Act and the rules which are designated by the rules as formal requirements for the purposes of this Act;

“international application for a patent” means an application made under the Patent Co-operation Treaty;

“international application for a patent (Singapore)” means an application of that description which, on its date of filing, designates Singapore;

“International Bureau” means the secretariat of the World Intellectual Property Organisation established by a convention signed at Stockholm on 14 July 1967;

“international exhibition” means an official or officially recognised international exhibition falling within the terms of the Convention on International Exhibitions or falling within the terms of any subsequent treaty or convention replacing that convention;

“inventor”, in relation to an invention, means the actual deviser of the invention and “joint inventor” is to be construed accordingly;

“journal” has the meaning given by section 115(4);

“Legal Service Officer” means an officer in the Singapore Legal Service;

“marketing approval”, in relation to a pharmaceutical product, means

“medicinal health product” means any health product within the meaning of the Health Products Act 2007 that is prescribed as a medicinal health product;

“medicinal product” means

“missing part”, in relation to an application for a patent, means

“mortgage”, when used as a noun, includes a charge for securing money or money’s worth and, when used as a verb, is to be construed accordingly;

“Office” means the Intellectual Property Office of Singapore incorporated under the Intellectual Property Office of Singapore Act 2001;

“Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883;

“patent” means a patent under this Act and includes a patent in force by virtue of section 117(3);

“Patent Co-operation Treaty” means the treaty of that name signed at Washington on 19 June 1970;

“patented invention” means an invention for which a patent is granted and “patented process” is to be construed accordingly;

“patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied;

“person” includes the Government;

“pharmaceutical product” means a medicinal product which is a substance used wholly or mainly by being administered to a human being for the purpose of treating or preventing disease, but does not include

“prescribed form” means a form published by the Registrar under section 115A;

“priority date” means the date determined as such under section 17;

“published” means made available to the public (whether in Singapore or elsewhere) and a document is taken to be published under any provision of this Act if it can be inspected as of right at any place in Singapore by members of the public, whether on payment of a fee or not, and “republished” is to be construed accordingly;

“register”, when used as a noun, means the register of patents maintained under section 42 and, when used as a verb, means, in relation to any thing, to register or register particulars, or enter notice, of that thing in the register and, when used in relation to a person, means to enter the person’s name in the register;

“registered foreign patent agent” means a person whose name is entered in the register of foreign patent agents kept in accordance with the rules made under section 104;

“registered patent agent” means a person whose name is entered in the register of patent agents kept in accordance with the rules made under section 104;

“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;

“Registry” means the Registry of Patents established under this Act;

“related national phase application”, in relation to an application for a patent (being an international application for a patent (Singapore) that has entered the national phase in Singapore under section 86(3)), or a new application filed in accordance with section 26(11) which derived its filing date from an international application for a patent (Singapore) (called in this definition the application in suit), means an application for protection treated as filed with any prescribed patent office (being an international application for a patent (Singapore) that has entered the national or regional phase in the country or jurisdiction the patent office of which is that prescribed patent office) which is derived from the same international application for a patent (Singapore) (being an international application for a patent (Singapore) that is not subject to any priority claim) as the application in suit;

“related national phase patent”, in relation to a related national phase application, means a patent granted in respect of the related national phase application by the prescribed patent office in which the related national phase application was treated as filed;

“relevant authority”, in relation to a pharmaceutical product, means the Health Sciences Authority established under the Health Sciences Authority Act 2001;

“relevant health product” means a patented invention which is a product referred to in

“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;

“scientific adviser” means any person with any scientific qualification, any medical practitioner, engineer, architect, surveyor, accountant, actuary and any other specially skilled person;

“search” means a search conducted by an Examiner in relation to an application for a patent to discover such matters as may be prescribed;

“supplementary examination” means a supplementary examination conducted by an Examiner in relation to an application for a patent to determine such matters as may be prescribed;

“TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement, as revised or amended from time to time;

“WTO Agreement” means the World Trade Organisation Agreement signed in Marrakesh in 1994 as revised or amended from time to time.

Rules may provide for stating in the journal that an exhibition falls within the definition of “international exhibition” in subsection (1) and any such statement is conclusive evidence that the exhibition falls within that definition.

For the purposes of this Act, a matter is taken to have been disclosed in any relevant application within the meaning of section 17 or in the specification of a patent if it was either claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of prior art) in that application or specification.

For the purposes of this Act

References in this Act to an application for a patent, as filed, are references to such an application in the state it was on the date of filing.

References in this Act to an application for a patent being published are references to its being published under section 27.

References in this Act to the Paris Convention or the Patent Co‑operation Treaty are references to that Convention or Treaty or any other international convention or agreement replacing it, as amended or supplemented by any convention or international agreement (including in either case any protocol or annex) to which Singapore is a party, or in accordance with the terms of any such convention or agreement and include references to any instrument made under any such convention or agreement.

The Arbitration Act 2001 does not apply to any proceedings before the Registrar under this Act.

There is to be a Registrar of Patents who has the chief control of the Registry of Patents.

There is to be one or more Deputy Registrars of Patents who, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 5.

There is to be one or more Assistant Registrars of Patents.

The Registrar and all the other officers under this section must be appointed by the Minister.

The Registrar may, in relation to a particular matter or class of matters, by writing under the hand of the Registrar, delegate all or any of the Registrar’s powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Patents, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

A delegation under this section is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by any Deputy Registrar of Patents.

A person with the relevant qualifications or experience referred to in subsection (1) is, when exercising the delegated powers and functions, deemed to be a public servant for the purposes of the Penal Code 1871.

A person who has been summoned to appear as a witness before the Registrar must not, without lawful excuse, fail to appear in obedience to the summons.

A person who has been required by the Registrar to produce a document or article must not, without lawful excuse, fail to produce the document or article.

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

A person who appears before the Registrar must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which the person is lawfully required to produce or answer.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

An officer or person employed in the Registry must not buy, sell, acquire or traffic in an invention or patent, whether granted in Singapore or elsewhere, or in a right to, or licence under, a patent, whether granted in Singapore or elsewhere.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

A purchase, sale, acquisition, assignment or transfer made or entered into in contravention of this section is void.

This section does not apply to the actual inventor or to an acquisition by bequest or devolution in law.

An officer or person employed in the Registry must not, except when required or authorised by this Act, or under a direction in writing of the Registrar or by order of a court

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.

Subject to subsection (2), a patentable invention is one that satisfies the following conditions:

An invention the publication or exploitation of which would be generally expected to encourage offensive, immoral or anti-social behaviour is not a patentable invention.

For the purposes of subsection (2), behaviour is not to be regarded as offensive, immoral or anti-social only because it is prohibited by any law in force in Singapore.

An invention is taken to be new if it does not form part of the state of the art.

The state of the art in the case of an invention is taken to comprise all matter (whether a product, a process, information about either, or anything else) which has at any time before the priority date of that invention been made available to the public (whether in Singapore or elsewhere) by written or oral description, by use or in any other way.

The state of the art in the case of an invention to which an application for a patent or a patent relates is taken also to comprise matter contained in an application for another patent which was published on or after the priority date of that invention, if the following conditions are satisfied:

For the purposes of this section, the disclosure of matter constituting an invention is to be disregarded in the case of a patent or an application for a patent if occurring later than the beginning of the period of 12 months immediately preceding the date of filing the application for the patent and either

In subsection (4)(d), “learned society” includes any club or association constituted in Singapore or elsewhere whose main object is the promotion of any branch of learning or science.

Subsection (4)(e) applies to the disclosure of matter constituting an invention due to, or in consequence of, the publication by an intellectual property administrator (being a person who obtained the matter directly or indirectly from the inventor) of an application for an intellectual property right (being an application containing the matter, but not being the application for a patent mentioned in subsection (4)), or a registration of an intellectual property right pursuant to such an application, only if

For the purposes of subsection (4)(e), where

If the applicant relies on any circumstances described in any paragraph of subsection (4) when

In this section, references to the inventor include references to any proprietor of the invention for the time being.

In the case of an invention consisting of a substance or composition for use in a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body, the fact that the substance or composition forms part of the state of the art does not prevent the invention from being taken to be new if the use of the substance or composition in any such method does not form part of the state of the art.

In this section —

“foreign intellectual property office” means

“intellectual property administrator” means

“Registrar of Designs” means the Registrar of Designs appointed under section 49 of the Registered Designs Act 2000, and includes a Deputy Registrar of Designs and an Assistant Registrar of Designs appointed under that section;

“Registrar of Plant Varieties” means the Registrar of Plant Varieties appointed under section 5 of the Plant Varieties Protection Act 2004, and includes a Deputy Registrar of Plant Varieties and an Assistant Registrar of Plant Varieties appointed under that section;

“Registrar of Trade Marks” means the Registrar of Trade Marks appointed under section 62 of the Trade Marks Act 1998, and includes a Deputy Registrar of Trade Marks and an Assistant Registrar of Trade Marks appointed under that section.

Subject to subsection (2), an invention is taken to be capable of industrial application if it can be made or used in any kind of industry, including agriculture.

An invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body is not taken to be capable of industrial application.

Subsection (2) does not prevent a product consisting of a substance or composition from being treated as capable of industrial application merely because it is invented for use in any such method.

For the purposes of this Act, the priority date of an invention to which an application for a patent relates and also of any matter (whether or not the same as the invention) contained in the application is, except as provided by the provisions of this Act, the date of filing the application.

Where in or in connection with an application for a patent (called in this section the application in suit) a declaration is made, whether by the applicant or any predecessor in title of the applicant, complying with the relevant requirements of the rules and specifying one or more earlier relevant applications for the purposes of this section made by the applicant or a predecessor in title of the applicant, and the application in suit has a date of filing, within the period mentioned in subsection (3)(a) or (b), then

For the purposes of subsection (2), the period is

The applicant may make a request to the Registrar for the declaration referred to in subsection (2) to be made after the period referred to in subsection (3)(a).

Where the applicant makes a request under subsection (4), the applicant must, if the applicant has failed to file the application in suit within the period mentioned in subsection (3)(a), indicate in the request whether the applicant’s failure to file the application in suit within the period mentioned in subsection (3)(a)

The Registrar must grant a request under subsection (4) if and only if

Where an invention or other matter contained in the application in suit was also disclosed in 2 earlier relevant applications filed by the same applicant as in the case of the application in suit or a predecessor in title of the applicant and the second of those relevant applications was specified in or in connection with the application in suit, the second of those relevant applications, so far as it concerns that invention or matter, is to be disregarded unless

This section applies for determining the priority date of an invention for which a patent has been granted as it applies for determining the priority date of an invention to which an application for that patent relates.

In this section and section 18, “relevant application” means any of the following applications which has a date of filing:

In subsection (9), “convention country” means

To avoid doubt, where an application (the application in suit) is made for a patent and a declaration is made in accordance with section 17(2) in or in connection with that application specifying an earlier relevant application, the application in suit and any patent granted in pursuance of it are not invalidated by reason only of the relevant intervening acts.

In subsection (1), “relevant intervening acts” means acts done in relation to matter disclosed in an earlier relevant application between the dates of the earlier relevant application and the application in suit, as for example, filing another application for the invention for which the earlier relevant application was made, making information available to the public about that invention or that matter or working that invention, but disregarding any application, or the disclosure to the public of matter contained in any application, which is itself to be disregarded for the purposes of section 17(7).

Any person may make an application for a patent either alone or jointly with another.

A patent for an invention may be granted

Except so far as the contrary is established, a person who makes an application for a patent is taken to be the person who is entitled under subsection (2) to be granted a patent and 2 or more persons who make such an application jointly are taken to be the persons so entitled.

At any time before a patent has been granted for an invention

Where a person refers a question relating to an invention under subsection (1)(a) to the Registrar after an application for a patent for the invention has been filed and before a patent is granted pursuant to the application, then, unless the application is refused or withdrawn before the reference is disposed of by the Registrar, the Registrar may, without limiting subsection (1) and subject to subsection (6)

Where a question is referred to the Registrar under subsection (1)(a) and

Where a person refers a question under subsection (1)(b) relating to an application, any order under subsection (1) may contain directions to any person for transferring or granting any right in or under the application.

If any person to whom directions have been given under subsection (2)(d) or (4) fails to do anything necessary for carrying out any such directions within 14 days after the date of the directions, the Registrar may, on application made to the Registrar by any person in whose favour or on whose reference the directions were given, authorise him, her or it to do that thing on behalf of the person to whom the directions were given.

Where on a reference under this section it is alleged that, by virtue of any transaction, instrument or event relating to an invention or an application for a patent, any person other than the inventor or the applicant for the patent has become entitled to be granted (either alone or with any other persons) a patent for the invention or has or would have any right in or under any patent so granted or any application for any such patent, an order must not be made under subsection (2)(a), (b) or (d) on the reference unless notice of the reference is given to the applicant and any such person, except any of them who is a party to the reference.

If it appears to the Registrar on a reference of a question under this section that the question involves a matter which would be more conveniently dealt with by the court, the Registrar may decline to deal with it and, without prejudice to the court’s jurisdiction to determine any such question and make a declaration, the court has jurisdiction to do so.

No direction may be given under this section so as to affect the mutual rights or obligations of trustees or of the personal representatives of deceased persons, or their rights or obligations as such.

Where an order is made or directions are given under section 20 or 22 that an application for a patent must proceed in the name of one or some of the original applicants (whether or not it is also to proceed in the name of some other person), any licences or other rights in or under the application, subject to the provisions of the order and any directions under either of those sections, continue in force and are treated as granted by the persons in whose name the application is to proceed.

Where an order is made or directions are given under section 20 that an application for a patent must proceed in the name of one or more persons none of whom was an original applicant (on the ground that the original applicant or applicants was or were not entitled to be granted the patent), any licences or other rights in or under the application, subject to the provisions of the order and any directions under that section and subject to subsection (3), lapse on the registration of the person or those persons as the applicant or applicants or, where the application has not been published, on the making of the order.

If before registration of a reference under section 20 resulting in the making of any order mentioned in subsection (2)

Any such licence must be granted for a reasonable period and on reasonable terms.

Where an order is made as mentioned in subsection (2), the person in whose name the application is to proceed or any person claiming that he, she or it is entitled to be granted any such licence may refer to the Registrar the question whether the latter is so entitled and whether any such period is or terms are reasonable.

The Registrar must determine the question under subsection (5) and may, if the Registrar considers it appropriate, order the grant of such a licence.

The inventor or joint inventors of an invention have a right to be mentioned as such in any patent granted for the invention and also have a right to be so mentioned if possible in any published application for a patent for the invention and, if not so mentioned, a right to be so mentioned in accordance with the rules in a prescribed document.

Unless an applicant for a patent has already given the Registry the information mentioned in this subsection, the applicant for a patent must, within the prescribed period, file with the Registry a statement

Where a person has been mentioned as a sole or joint inventor under this section, any other person who alleges that the former ought not to have been mentioned may at any time apply to the Registrar for a certificate to that effect, and the Registrar may issue such a certificate.

Every application for a patent

Where an application is not accompanied by the fee mentioned in subsection (1)(b), the fee must be paid within the prescribed period.

Every application for a patent must contain

The specification of an application must disclose the invention in a manner which is clear and complete for the invention to be performed by a person skilled in the art.

The claim or claims must

Without limiting subsection (5)(d), the rules may provide for treating 2 or more inventions as being so linked as to form a single inventive concept for the purposes of this Act.

The purpose of the abstract is to give technical information and on publication it does not form part of the state of the art by virtue of section 14(3), and the Registrar may determine whether the abstract adequately fulfils its purpose and, if it does not, may reframe it so that it does.

Subject to subsection (9), an application for a patent may be withdrawn at any time before the patent is granted and any withdrawal of such an application may not be revoked.

A request to withdraw an application for a patent must be made in such manner as may be prescribed.

Subject to the provisions of this Act, the date of filing an application for a patent is taken to be the earliest date on which the documents filed at the Registry to initiate the application satisfy the following conditions:

For the purposes of subsection (1)(c)(i), it is immaterial whether

Where the Registrar determines that the documents filed at the Registry to initiate an application for a patent do not satisfy all of the conditions in subsection (1)(a), (b) and (c)(i) or (ii)

Where subsection (3) applies, if the applicant fails to file every document which must be filed in order for the application to have a date of filing before the end of the period prescribed under subsection (3)(b), the application is treated as having been abandoned.

Subsection (4) does not apply if

Where the documents filed at the Registry to initiate an application for a patent satisfy all of the conditions in subsection (1)(a), (b) and (c)(i) or (ii), the Registrar must, as soon as practicable after the filing of the last of those documents, notify the applicant of the date of filing of the application.

Where an application for a patent has a date of filing under subsection (1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in subsection (1)(a), (b) and (c)(ii), the applicant must, within such period as may be prescribed, file at the Registry

If an application for a patent has a date of filing by virtue of subsection (1), the applicant files at the Registry any missing part of the application within such period and in such manner as may be prescribed, and the applicant does not withdraw that missing part before the end of that period, then

Subsection (8)(b) does not apply if

Subsections (8) and (9) do not affect the power of the Registrar under section 107(1) to correct an error or a mistake.

Where, after an application for a patent has been filed, but before the applicant satisfies the condition under section 30(c), or the application is refused, withdrawn, treated as or taken to be withdrawn, or treated as abandoned or as having been abandoned

Where an application has a date of filing by virtue of this section, the application is treated as having been abandoned unless

In this section, “relevant application” has the meaning given by section 17(9).

Subject to section 33, where an application has a date of filing, then, as soon as possible after the end of the prescribed period, the Registrar must, unless the application is withdrawn in the prescribed manner, treated as having been abandoned or refused before preparations for its publication have been completed by the Registry, publish it as filed (including not only the original claims but also any amendment of those claims and new claims subsisting immediately before the completion of those preparations).

The Registrar may, if so requested by the applicant, publish the application as mentioned in subsection (1) during the prescribed period, and in either event must publish the fact and date of its publication in the journal.

The Registrar may omit from the specification of a published application for a patent any matter

The Registrar must conduct a preliminary examination of an application for a patent if

If, after the Registrar has conducted a preliminary examination of an application for a patent under subsection (1), the applicant files at the Registry, and does not withdraw, any missing part of the application in accordance with section 26(8), then the Registrar must conduct another preliminary examination of the application, with the missing part treated as included in the application.

On a preliminary examination of an application, the Registrar must determine

If the Registrar determines under subsection (3)(a) that not all the formal requirements have been complied with, then the Registrar must notify the applicant accordingly, and the applicant must, within the prescribed period

Where subsection (4) applies, the Registrar may refuse the application if the applicant fails to amend the application as mentioned in paragraph (b) of that subsection before the end of the prescribed period under that subsection.

Subsection (5) does not apply if

If the Registrar determines under subsection (3)(b) that a drawing or part of the description of the invention is missing from the application, then the Registrar must notify the applicant accordingly.

Where subsection (7) applies, if the applicant files the drawing or part of the description of the invention that is missing from the application within such period and in such manner as may be prescribed, and the applicant does not withdraw that drawing or part of the description of the invention before the end of that period, then

Subsection (8)(b) does not apply if

In subsection (9), “relevant application” has the meaning given by section 17(9).

Where an application for a patent complies with all the formal requirements under this section within the prescribed period, the Registrar must send a notification to the applicant.

The applicant in an application for a patent (called in this subsection the application in suit) must comply with one of the following paragraphs within the period prescribed for that paragraph:

Where the applicant has complied with subsection (1)(a), the Registrar must

Upon receiving the search report under subsection (2)(b) from the Registrar, the applicant must, within the prescribed period, file a request in the prescribed form for an examination report.

Where the applicant has complied with subsection (1)(c) or (3), the Registrar must

Where the applicant has complied with subsection (1)(b), the Registrar must

Where the applicant has complied with subsection (1)(d), the Registrar must

If it appears to an Examiner during the examination of an application under subsection (4) or (5) that one or more of the matters prescribed for the purposes of this subsection apply, the Examiner must give the applicant at least one written opinion to that effect, and the Registrar must, upon receiving the written opinion, send the applicant a copy of the written opinion.

If it appears to an Examiner during the supplementary examination of an application under subsection (6) that one or more of the matters prescribed for the purposes of this subsection apply, the Examiner must give the applicant one written opinion to that effect, and the Registrar must, upon receiving the written opinion, send the applicant a copy of the written opinion.

Unless the request under subsection (1)(b), (c) or (d) or (3) for the examination report, search and examination report or supplementary examination report is withdrawn under subsection (10) or (11), the applicant must, before the examination report, search and examination report or supplementary examination report is issued under subsection (4), (5) or (6), as the case may be

Despite subsection (1), where an applicant has filed a request for an examination report under subsection (1)(c) or (3), or a request for a search and examination report under subsection (1)(b), the applicant may

Despite subsection (1), where an applicant has filed a request for a supplementary examination report under subsection (1)(d), the applicant may

Subsections (1)(d) and (10)(b) do not apply unless

The application is treated as abandoned

Where

In this section, “actual date of filing”, in relation to an application in suit that is a new application mentioned in section 20(3), 26(11) or 47(4), means the actual date of filing of the new application, and not the date of filing of the earlier application mentioned in section 20(3) or 26(11) or of the application for the patent to which the reference relates mentioned in section 47(4), as the case may be.

Where an examination report issued under section 29(4), a search and examination report issued under section 29(5) or a supplementary examination report issued under section 29(6) does not contain any unresolved objection, the Registrar must issue to the applicant a notice of eligibility to proceed to the grant of a patent.

Where the Registrar has issued to the applicant a notice under subsection (1)

Where an examination report issued under section 29(4), a search and examination report issued under section 29(5) or a supplementary examination report issued under section 29(6) contains one or more unresolved objections, the Registrar must issue to the applicant a notice of intention to refuse the application for a patent.

Where the Registrar has issued to the applicant a notice under subsection (3)

A request for a review of an examination report issued under section 29(4), a search and examination report issued under section 29(5) or a supplementary examination report issued under section 29(6) must be made by filing

At the time the request under subsection (1) is made, the applicant may, subject to section 84, amend in the prescribed manner the specification of the application to overcome one or more unresolved objections in the examination report, search and examination report or supplementary examination report, as the case may be.

Upon completing the review of the examination report, search and examination report or supplementary examination report, as the case may be, the Examiner must prepare an examination review report.

The examination review report must specify

Upon receiving the examination review report, the Registrar must send the applicant

Where the Registrar has issued to the applicant a notice under subsection (5)(b)(i)

Where the Registrar has sent the applicant a notice under subsection (5)(b)(ii), the refusal of the application for a patent takes effect upon the expiry of the prescribed period.

Subject to subsections (2), (3) and (4), the applicant may, of the applicant’s own volition or otherwise, amend the application or the specification thereof.

The applicant is not entitled to amend the application or specification unless

The applicant may only amend the application or specification in accordance with the prescribed conditions and subject to section 84.

If the applicant fails to comply with any requirement under subsection (2) or (3), the Registrar must

Where an application for a patent has been published, any other person may make observations in writing to the Registrar on the question whether the invention is a patentable invention, stating reasons for the observations, and the Registrar must, subject to subsection (2), consider the observations in accordance with the rules.

The observations must be received by the Registrar before the Registrar sends to the applicant in the application for the patent

A person does not become a party to any proceedings under this Act before the Registrar by reason only that the person makes observations under this section.

Where an application for a patent is filed in the Registry (whether under this Act or any treaty or international convention to which Singapore is a party) and it appears to the Registrar that the application contains information of a description notified to the Registrar by the Minister as being information the publication of which might be prejudicial to the defence of Singapore, the Registrar must give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons.

If it appears to the Registrar that any application so filed contains information the publication of which might be prejudicial to the safety of the public, the Registrar may give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons until the end of a period not exceeding 3 months from the end of a period prescribed for the purposes of section 27.

While directions are in force under this section with respect to an application

Where the Registrar gives directions under this section with respect to any application, the Registrar must give notice of the application and of the directions to the Minister, and the following provisions must then have effect:

The Minister may at any time, for the purpose of enabling the Minister to decide the question referred to in subsection (4)(c), do one or both of the following, that is to say, inspect or authorise any person to inspect the application and any document sent to the Registrar in connection with it and where a person is authorised to carry out such inspection, the person must as soon as practicable report on the person’s inspection to the Minister.

Where directions given under this section in respect of an application for a patent for an invention are revoked, and the application is brought in order for the grant of a patent and a patent is granted for the invention, then

Where a patent is granted pursuant to an application in respect of which directions have been given under this section, no renewal fees are payable in respect of any period during which those directions were in force.

Any person who fails to comply with any direction under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

Nothing in this section prevents the disclosure of information concerning an invention to a Government department or authority for the purpose of obtaining advice as to whether directions under this section with respect to an application for a patent for that invention should be made, amended or revoked.

Subject to this section, no person resident in Singapore may, without written authority granted by the Registrar, file or cause to be filed outside Singapore an application for a patent for an invention unless

Subsection (1) does not apply to an application for a patent for an invention for which an application for a patent has first been filed in a country outside Singapore by a person resident outside Singapore.

Any person who files or causes to be filed an application for the grant of a patent in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

In this section

As soon as practicable after a patent has been granted under this Act, the Registrar must

The Registrar must, at the same time as the Registrar publishes a notice under subsection (1)(b) in relation to a patent, publish the specification of the patent, the names of the proprietor and (if different) the inventor and any other matters constituting or relating to the patent which in the Registrar’s opinion it is desirable to publish.

A patent granted under this Act is treated for the purposes of this Act as having been granted, and takes effect, on the date of issue of the certificate of grant and, subject to subsection (2) and section 36A, continues in force until the end of the period of 20 years beginning with the date of filing the application for the patent or with such other date as may be prescribed.

A patent ceases to have effect at the end of the prescribed period for the payment of any renewal fee if it is not paid within that period.

If during the period of 6 months immediately following the end of the prescribed period the renewal fee and any prescribed additional fee are paid, the patent is treated for the purposes of this Act as if it had never expired, and accordingly

Rules must include provision requiring the Registrar to notify the registered proprietor of a patent that a renewal fee has not been received from the registered proprietor in the Registry before the end of the prescribed period and before the framing of the notification.

The proprietor of a patent may apply to the Registrar to extend the term of the patent on any of the following grounds:

A delay by the Registrar in granting a patent is not treated as an unreasonable delay under subsection (1)(a) unless such requirements as may be prescribed are satisfied.

Where the proprietor of a patent has made an application under subsection (1)(a) and has satisfied the Registrar that there was in fact a particular type of unreasonable delay by the Registrar in granting the patent, the Registrar must extend the term of the patent by such period as may be prescribed for that type of unreasonable delay.

Where the proprietor of a patent has made an application under subsection (1)(b) and has satisfied the Registrar of the matters referred to in sub-paragraphs (i) and (ii) of subsection (1)(b), the Registrar may, if the Registrar thinks fit, extend the term of the patent by such period, not exceeding 5 years, as the Registrar may determine.

A curtailment of the opportunity to exploit a patent, the subject of which includes a substance which is an active ingredient of any pharmaceutical product, caused by the process of obtaining marketing approval for a pharmaceutical product, being the first pharmaceutical product to obtain marketing approval which uses the substance as an active ingredient, is not treated as an unreasonable curtailment under subsection (1)(c) unless such requirements as may be prescribed are satisfied.

Subject to subsections (7), (8) and (9), where the proprietor of a patent has made an application under subsection (1)(c) and has satisfied the Registrar that there was in fact an unreasonable curtailment of the opportunity to exploit the patent under subsection (1)(c), the Registrar must extend the term of the patent by such period as may be prescribed.

The Registrar must not extend the term of the patent under subsection (6) unless the applicant has procured and submitted to the Registrar a certificate from the relevant authority stating such matters as may be prescribed.

In determining the period by which to extend the term of the patent under subsection (6), the Registrar must rely on, and is not concerned to inquire into the truth of, the statements contained in the certificate from the relevant authority under subsection (7).

Where the term of a patent has been extended under subsection (6), the protection conferred by the patent during the term of the extension applies only to the substance mentioned in subsection (1)(c).

Every application to extend the term of a patent must be

As soon as practicable after the Registrar has extended the term of a patent, the Registrar must

The proprietor of a patent who has made an application under subsection (1) may withdraw the application by informing the Registrar in writing of the withdrawal of the application, and any such withdrawal is not revocable.

Subject to this section and section 84, the Registrar may, on an application made by the proprietor of a patent, allow the specification of the patent to be amended subject to such conditions, if any, as the Registrar thinks fit.

No such amendment is allowed under this section where there are pending before the court or the Registrar proceedings in which the validity of the patent may be put in issue.

An amendment of a specification of a patent under this section has effect and is deemed always to have had effect from the grant of the patent.

A person may give notice to the Registrar of the person’s opposition to an application under this section by the proprietor of a patent, and if the person does so the Registrar must notify the proprietor and consider the opposition in deciding whether to grant the application.

Any person may, at any time after a patent is granted, file a request for the Registrar to conduct a re‑examination of the specification of a patent for an invention on any of the following grounds:

Every request under subsection (1) must be

The Registrar may reject any request that fails to comply with any requirement in subsection (2).

The Registrar must not grant a request under subsection (1) if the Registrar is of the view that the request is frivolous, vexatious or an abuse of the process.

No request under subsection (1) may be filed where there are pending before the court or the Registrar any proceedings in which the validity of the patent may be put in issue.