THE STATUTES OF THE REPUBLIC OF SINGAPORE

PATENTS ACT

(CHAPTER 221)

　

Act

21 of 1994

REVISED EDITION 1995

(15th March 1995)

PRINTED BY THE GOVERNMENT PRINTER, SINGAPORE

1995

CHAPTER 221

Patents Act

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

　

Section

1.Short title and commencement.

2.Interpretation.

3.Application to Government.

PART II

ADMINISTRATION

4.Registrar of Patents and other officers.

5.Delegation by Registrar.

6.Registry of Patents.

7.Seal of Registry.

8.Powers of Registrar.

9.Disobedience to summons an offence.

10.Refusal to give evidence an offence.

11.Officers not to traffic in inventions.

12.Officers not to furnish information.

PART III

PATENTABILITY

13.Patentable inventions.

14.Novelty.

15.Inventive step.

16.Industrial application.

17.Priority date.

18.Disclosure of matter, etc., between earlier and later applications.

PART IV

RIGHT TO APPLY FOR AND OBTAIN PATENT

19.Right to apply for and obtain patent.

20.Determination before grant of questions about entitlement to patents, etc.

21.Determination after grant of questions referred before grant.

22.Handling of application by joint applicants.

Section

23.Effect of transfer of application under section 20 or 22.

24.Mention of inventor.

PART V

APPLICATIONS FOR PATENTS

25.Making of application.

26.Date of filing application.

27.Publication of application.

PART VI

PROCEDURE FOR GRANT OF PATENT

28.Examination as to form.

29.Search and examination and corresponding international applications.

30.Grant of patent.

31.General power to amend application before grant.

32.Failure of application.

33.Information prejudicial to defence of Singapore or safety of public.

34.Restrictions on applications abroad by Singapore residents.

PART VII

PROVISIONS AS TO PATENTS AFTER GRANT

35.Publication and certificate of grant.

36.Term of patent.

37.Patent not to be impugned for lack of unity.

38.General power to amend specification after grant.

39.Restoration of lapsed patents.

40.Surrender of patents.

PART VIII

PROPERTY IN PATENTS AND APPLICATIONS

FOR PATENTS AND REGISTRATION

41.Nature of, and transactions in, patents and applications for patents.

42.Register of patents.

43.Effect of registration, etc., on rights in patents.

44.Rectification of register.

45.Evidence of register, documents, etc.

46.Co-ownership of patents and applications for patents.

47.Determination of right to patent after grant.

48.Effect of transfer of patent under section 47.

PART IX

EMPLOYEES' INVENTIONS

Section

49.Right to employees' inventions.

50.Supplementary provisions.

PART X

CONTRACTS AS TO PATENTED PRODUCTS

51.Avoidance of certain restrictive conditions.

52.Determination of parts of certain contracts.

PART XI

LICENCES OF RIGHT AND COMPULSORY LICENCES

53.Licences of right.

54.Cancellation of entry made under section 53.

55.Compulsory licences.

56.Inventions relating to food or medicine or surgical or curative device.

57.Provisions as to licences under section 55 or 56.

58.Exercise of powers on application under section 55.

59.Opposition, appeal and arbitration.

60.Supplementary provisions.

PART XII

USE OF PATENTED INVENTIONS FOR

SERVICES OF GOVERNMENT

61.Use of patented inventions for services of Government.

62.Interpretation, etc., of provisions about Government use.

63.Rights of third parties in respect of Government use.

64.References of disputes as to Governlnent use.

65.Special provisions as to Government use during emergency.

PART XIII

INFRINGEMENT OF PATENTS

66.Meaning of infringement.

67.Proceedings for infringement of patent.

68.Reversal of burden of proof.

69.Restrictions on recovery of damages for infringement.

70.Relief for infringement of partially valid patent.

71.Right to continue use begun before priority date.

72.Certificate of contested validity of patent.

73.Proceedings for infringement by co-owner.

74.Proceedings for infringement by exclusive licensee.

Section

75.Effect of non-registration on infringement proceedings.

76.Infringement of rights conferred by publication of application.

77.Remedy for groundless threats of infringement proceedings.

78.Declaration as to non-infringement.

PART XIV

REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS

79.Information on result of corresponding international applications.

80.Power to revoke patents on application.

81.Registrar's power to revoke patents.

82.Proceedings in which validity of patent may be put in issue.

PART XV

AMENDMENTS OF PATENTS AND APPLICATIONS

83.Amendment of patent in infringement or revocation proceedings.

84.Amendments of applications and patents not to include added matter.

PART XVI

INTERNATIONAL APPLICATIONS FOR PATENTS

85.Effect of filing international application for patent.

86.International and national phases of application.

87.Adaptation of provisions in relation to international application.

88.Evidence of Patent Co-operation Treaty and its instruments.

89.Convention countries.

PART XVII

LEGAL PROCEEDINGS

90.Proceedings before court or Registrar.

91.Appeals from Registrar.

92.General powers of court.

93.Exercise of Registrar's discretionary powers.

94.Right of audience in patent proceedings.

95.Extension of privilege for communications with solicitors relating to patent proceedings.

96.Privilege for communications with patent agents.

97.Costs and expenses in proceedings before Registrar.

98.Licences granted by order of Registrar.

PART XVIII

OFFENCES

Section

99.Falsification of register, etc.

100.Unauthorised claim of patent rights.

101.Unauthorised claim that patent has been applied for.

102.Misuse of title "Registry of Patents".

103.Offences by corporations and partnerships.

PART XIX

PATENT AGENTS

104.Registration of patent agents.

105.Persons entitled to describe themselves as patent agents.

PART XX

MISCELLANEOUS AND GENERAL

106.Immunity of Government, its officers and Examiners.

107.Correction of errors in patents and applications.

108.Information about patent applications and patents, and inspection of documents.

109.Service by post.

110.Extension of time.

111.Hours of business of Registry and excluded days.

112.Government's right to sell forfeited articles.

113.Extent of invention.

114.Availability of samples of micro-organisms.

115.Rules.

116.Transitional provisions.

An Act to establish a new law of patents, to enable Singapore to give effect to certain international conventions on patents, and for matters connected therewith.

[23rd February 1995,

except Sections 104

and 105 (1) to (6),

(8)and (9)]

PART I

PRELIMINARY

　

1.-(1)This Act may be cited as the Patents Act and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2)The Mimster may appoint different dates for the coming into operation of the different Parts or provisions of this Act.

2.-(1)In this Act, unless the context otherwise requires -

"Convention on International Exhibitions" means the Convention relating to International

Exhibitions signed in Paris on 22nd November 1928, as amended or supplemented by any Protocol

to that convention which is for the time being in force;

"court" means the High Court;

"date of filing", in relation to -

(a)an application for a patent made under this Act, means the date of filing that application by virtue of section 26; and

(b)any other application, means the date which, under the law of the country where the application

as made or in accordance with the terms of a treaty or convention to which that country is a

party, is to be treated as the date of filing that application in that country or is equivalent to the

date of filing an application in that country (whatever the outcome of the application);

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

"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;

"Examiner" means such person, organisation or foreign or international patent office or organisation as

may be prescribed to whom the Registrar may refer questions relating to patents, including search and

examination of applications for patents;

"exclusive licence" means a licence from the proprietor of or applicant for a patent conferring on the

licensee, or on him and persons authorised by him, 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 "nonexclusive licence" shall be construed accordingly;

"filing fee" means the fee prescribed for the purposes of section 25;

"formal requirements" means those requirements designated as such by rules made for the purposes of

section 28;

"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 14th 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"

shall be construed accordingly;

"journal" has the same meaning as in section 115 (4);

"mortgage", when used as a noun, includes a charge for securing money or money's worth and,

when used as a verb, shall be construed accordingly;

"Paris Convention" means the Convention for the Protection of Industrial Property signed at Paris on

20th March 1883;

"patent" means a patent under this Act and includes a patent in force by virtue of section 116 (3);

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

"patented invention" means an invention for which a patent is granted and "patented process" shall

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;

"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

shall be 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" shall be construed accordingly;

"register", when used as a noun, means the register of patents kept 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 his name in the register;

"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;

"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;

"services of the Government'' and ''use for the services of the Government" have the same meanings

as in section 62 (2), including, as respects any period of emergency within the meaning of section

65, the meanings assigned to them by that section.

(2)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 shall be conclusive evidence

that the exhibition falls within that definition.

(3)For the purposes of this Act, a matter shall be 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.

(4)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.

(5)References in this Act to an application for a patent being published are references to its being

published under section 27.

(6)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.

(7)The Arbitration Act shall not apply to any proceedings before the Registrar under this Act.

3.This Act shall bind the Government.

PART II

ADMINISTRATION

4.-(1)There shall be a Registrar of Patents who shall have the chief control of the Registry of Patents.

(2)There shall be one or more Deputy Registrars of Patents who shall, 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.

(3)There shall be one or more Assistant Registrars of Patents.

(4)The Registrar and all the other officers under this section shall be appointed by the Minister.

5.-(1)The Registrar may, in relation to a particular matter or class of matters, by writing under his hand, delegate all or any of his powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Patents or any public officer 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.

(2)A delegation under this section is revocable at will and no delegation shall prevent the exercise of

a power or function by the Registrar or by any Deputy Registrar of Patents.

6.For the purposes of this Act, there shall be an office which shall be known as the Registry of Patents.

7.There shall be a seal of the Registry and impressions of the seal shall be judicially noticed.

8.The Registrar may, for the purposes of this Act -

(a)summon witnesses;

(b)receive evidence on oath, whether orally or otherwise;

(c)require the production of documents or articles; and

(d)award costs against a party to proceedings before him.

9.-(1)A person who has been summoned to appear as a witness before the Registrar shall not, without lawful excuse, fail to appear in obedience to the summons.

(2)A person who has been required by the Registrar to produce a document or article shall not,

without lawful excuse, fail to produce the document or article.

(3)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.

10.-(1)A person who appears before the Registrar shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which he is lawfully required to produce or answer.

(2)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.

11.-(1)An officer or person employed in the Registry shall 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.

(2)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.

(3)A purchase, sale, acquisition, assignment or transfer made or entered into in contravention of

this section is void.

(4)This section shall not apply to the actual inventor or to an acquisition by bequest or devolution in

law.

12.-(1)An officer or person employed in the Registry shall not, except when required or authorised by this Act, or under a direction in writing of the Registrar or by order of a court-

(a)furnish information on a matter which is being, or has been, dealt with under this Act;

(b)prepare, or assist in the preparation of, a document required or permitted by or under this Act

to be lodged in the Registry; or

(c)conduct a search in the records of the Registry.

(2)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.

PART III

PATENTABILITY

13.-(1)Subject to subsections (2) and (3), a patentable invention is one that satisfies the following conditions:

(a)the invention is new;

(b)it involves an inventive step; and

(c)it is capable of industrial application.

(2)It is hereby declared that the following (among other things) are not inventions for the purposes

of this Act, that is to say, anything which consists of -

(a)a discovery, scientific theory or mathematical method;

(b)a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever;

(c)a scheme, rule or method for performing a mental act, playing a game or doing business, or a

program for a computer; or

(d)the presentation of information, but the foregoing provisions shall prevent anything from

being treated as an invention for the purposes of this Act only to the extent that a patent or an

application for a patent relates to that thing as such.

(3)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.

(4)For the purposes of subsection (3), behaviour shall not be regarded as offensive, immoral or anti-

social only because it is prohibited by any law in force in Singapore.

(5)The Minister may, by order published in the Gazette, vary the provisions of subsection (2) for the

purposes of maintaining them in conformity with developments in science and technology.

14.-(1)An invention shall be taken to be new if it does not form part of the state of the art.

(2)The state of the art in the case of an invention shall be 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.

(3)The state of the art in the case of an invention to which an application for a patent or a patent

relates shall be 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:

(a)that matter was contained in the application for that other patent both as filed and as

published; and

(b)the priority date of that matter is earlier than that of the invention.

(4)For the purposes of this section, the disclosure of matter constituting an invention shall 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 -

(a)the disclosure was due to, or made in consequence of, the matter having been obtained

unlawfully or in breach of confidence by any person－

( i )from the inventor or from any other person to whom the matter was made available in

confidence by the inventor or who obtained it from the inventor because he or the inventor

believed that he was entitled to obtain it; or

( ii )from any other person to whom the matter was made available in confidence by any

person mentioned in sub-paragraph ( i ) or in this sub-paragraph or who obtained it from

any person so mentioned because he or the person from whom he obtained it believed that

he was entitled to obtain it;

(b)the disclosure was made in breach of confidence by any person who obtained the matter in

confidence from the inventor or from any other person to whom it was made available, or

who obtained it, from the inventor;

(c)the disclosure was due to, or made in consequence of, the inventor displaying the invention at

an international exhibition and the applicant states, on filing the application, that the invention

has been so displayed and also, within the prescribed period, files written evidence in support

of the statement complying with any prescribed conditions; or

(d)the disclosure was due to, or made in consequence of, the inventor describing the invention in

a paper read by him or another person with his consent or on his behalf before any learned

society or published with his consent in the transactions of any learned society.

(5)For the purpose of 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.

(6)In this section, references to the inventor include references to any proprietor of the invention for

the time being.

(7)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 shall not prevent the invention

from being taken to be new if the use of the substance or omposition in any such method does not form

part of the state of the art.

15.An invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the state of the art by virtue only of section 14 (2) and without having regard to section 14 (3).

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

(2)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 shall not be taken to be capable of industrial

application.

(3)Subsection (2) shall not prevent a product consisting of a substance or composition being treated

as capable of industrial application merely because it is invented for use in any such method.

17.-(1)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.

(2)If in or in connection with an application for a patent (the application in suit) a declaration is

made, whether by the applicant or any predecessor in title of his, 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 his and each having a

date of filing during the period of 12 months immediately preceding the date of filing the

application in suit, then -

(a)if an invention to which the application in suit relates is supported by matter disclosed in the

earlier relevant application or applications, the priority date of that invention shall instead of

being the date of filing the application in suit be the date of filing the relevant application in

which that matter was disclosed or, if it was disclosed in more than one relevant application,

the earliest of them;

(b)the priority date of any matter contained in the application in suit which was also disclosed in

the earlier relevant application or applications shall be the date of filing the relevant

application in which that matter was disclosed or, if it was disclosed in more than one relevant

application, the earliest of them.

(3)Where an invention or other matter contained in the application in suit was also disclosed in two

earlier relevant applications filed by the same applicant as in the case of the application in suit or

a predecessor in title of his and the second of those relevant applications was specified in or in

connection with the application in suit, the second of those relevant applications shall, so far as it

concerns that invention or matter, be disregarded unless－

(a)it was filed in or in respect of the same country as the first; and

(b)not later than the date of filing the second, the first (whether or not so specified) was

unconditionally withdrawn, or was abandoned or refused, without-

( i )having been made available to the public whether in Sin-gapore or ekewhere;

( ii )leaving any rights outstanding; and

( iii )having served to establish a priority date in relation to another application, wherever

made.

(4)This section shall apply 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.

(5)In this section and section 18, "relevant application" means any of the following applications

which has a date of filing:

(a)an application for a patent under this Act; or

(b)an application in or for a convention country specified under section 89 for protection in

espect of an invention or an application which, in accordance with the law of a convention

country or a treaty or international convention to which a convention country is a party, is

equivalent to such an application.

18.-(1)It is hereby declared for the avoidance of doubt that 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 shall not be invalidated by reason only of the relevant intervening acts.

(2)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 (3).

PART IV

RIGHT TO APPLY FOR AND OBTAIN PATENT

19.-(1)Any person may make an application for a patent either alone or jointly with another.

(2)A patent for an invention may be granted－

(a)primarily to the inventor or joint inventors;

(b)in preference to paragraph (a), to any person or persons who, by virtue of any enactment or

rule of law, or any foreign law or treaty or international convention, or by virtue of an

enforceable term of any agreement entered into with the inventor before the making of the

invention, was or were at the time of the making of the invention entitled to the whole of the

property in it (other than equitable interests) in Singapore;

(c)in any event, to the successor or successors in title of any person or persons mentioned in

paragraph (a) or (b) or any person so mentioned and the successor or successors in title of

another person so mentioned, and to no other person.

(3)Except so far as the contrary is established, a person who makes an application for a patent shall

be 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 shall be taken to be the persons so entitled.

20.-(1)At any time before a patent has been granted for an invention -

(a)any person may refer to the Registrar the question whether he is entitled to be granted (alone

or with any other persons) a patent for that invention or has or would have any right in or

under any patent so granted or any application for such a patent; or

(b)any of 2 or more co-proprietors of an application for a patent for that invention may so refer

the question whether any right in or under application should be transferred or granted to any

other person,

and the Registrar shall determine the question and may make such order as he thinks fit to give effect to the determination.

(2)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 in

pursuance of the application, then, unless the application is refused or withdrawn before the

reference is disposed of by the Registrar, the Registrar may, without prejudice to the generality

of subsection (1) and subject to subsection (6)

(a)order that the application shall proceed in the name of that person, either solely or jointly with

that of any other applicant or any specified applicant;

(b)where the reference was made by two or more persons, order that the application shall proceed

in all their names jointly;

(c)refuse to grant a patent in pursuance of the application or order the application to be amended

so as to exclude any of the matter in respect of which the question was referred; or

(d)make an order transferring or granting any licence or other right in or under the application and

give directions to any person for carrying out the provisions of any such order.

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

(a)the Registrar orders an application for a patent for the invention to which the question relates

to be so amended;

(b)any such application is refused under subsection (2) (c) before the Registrar has disposed of

the reference (whether the reference was made before or after the publication of the

application); or

(c)any such application is refused under any other provision of this Act or is withdrawn before

the Registrar has disposed of the reference, but after the publication of the application,

the Registrar may order that any person by whom the reference was made may within the prescribed period make a new application for a patent for the whole or part of any matter comprised in the earlier application or, as the case may be, for all or any of the matter excluded from the earlier application, subject in either case to section 84, and in either case that, if such a new application is made, it shall be treated as having been filed on the date of filing the earlier application.

(4)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.

(5)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 him by any person in whose favour or on

whose reference the directions were given, authorise him to do that thing on behalf of the person

to whom the directions were given.

(6)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 (whether 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 shall 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.

(7)If it appears to the Registrar on a reference of a question under this section that the question

involves matters which would more properly be determined by the court, he 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 shall have jurisdiction to do so.

(8)No direction shall 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.

21.If a question with respect to a patent or application is referred by any person to the Registrar under section 20, and is not determined before the time when the application is first in order for a grant of a patent in pursuance of the application, that fact shall not prevent the grant of a patent, but on its grant that person shall be treated as having referred to the Registrar under section 47 any question mentioned in that section which the Registrar thinks appropriate.

22.If any dispute arises between joint applicants for a patent whether or in what manner the application should be proceeded with, the Registrar may, on a request made by any of the parties, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it shall be proceeded with, or for both those purposes, as the case may require.

23.-(1)Where an order is made or directions are given under section 20 or 22 that an application for a patent shall 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 shall, subject to the provisions of the order and any directions under either of those sections, continue in force and be treated as granted by the persons in whose name the application is to proceed.

(2)Where an order is made or directions are given under section 20 that an application for a patent

shall 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 shall, 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.

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

mentioned in subsection (2) -

(a)the original applicant or any of the applicants, acting in good faith, worked the invention in

question in Singapore or made effective and serious preparations to do so; or

(b)a licensee of the applicant, acting in good faith, worked the invention in Singapore or made

effective and serious preparations to do so,

that or those original applicant or applicants or the licensee shall, on making a request within the prescribed period to the person in whose name the application is to proceed, be entitled to be granted a licence (but not an exclusive licence) to continue working or, as the case may be, to work the invention.

(4)Any such licence shall be granted for a reasonable period and on reasonable terms.

(5)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 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, and the Registrar shall determine the question and may, if he considers it

appropriate, order the grant of such a licence.

24.-(1)The inventor or joint inventors of an invention shall have a right to be mentioned as such in any patent granted for the invention and shall 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.

(2)Unless he has already given the Registry the information mentioned in this subsection, an

applicant for a patent shall, within the prescribed period, file with the Registry a statement-

(a)identifying the person or persons whom he believes to be the inventor or inventors; and

(b)where the applicant is not the sole inventor or the applicants are not the joint inventors,

indicating the derivation of his or their right to be granted the patent,

and, if he fails to do so, the application shall be treated as having been abandoned.

(3)Where a person has been mentioned as a sole or joint inventor in pursuance of 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.

PART V

APPLICATIONS FOR PATENTS

25.-(1)Every application for a patent -

(a)shall be made in the prescribed form and shall be filed at the Registry in the prescribed

manner; and

(b)shall be accompanied by the fee prescribed for the purposes of this subsection.

(2)Where an application is not accompanied by the fee mentioned in subsection (1) (b), the fee shall

be paid within the prescribed period.

(3)Every application for a patent shall contain -

(a)a request for the grant of a patent;

(b)a specification containing a description of the invention, a claim or claims and any drawing

referred to in the description or any claim; and

(c)an abstract,

but this subsection shall not prevent an application being initiated by documents complying with section 26 (1).

(4)The specification of an application shall disclose the invention in a manner which is clear and

complete for the invention to be performed by a person skilled in the art.

(5)The claim or claims shall -

(a)define the matter for which the applicant seeks protection;

(b)be clear and concise;

(c)be supported by the description; and

(d)relate to one invention or to a group of inventions which are so linked as to form a single

inventive concept.

(6)Without prejudice to the generality of subsection (5) (d), the rules may provide for treating two or

more inventions as being so linked as to form a single inventive concept for the purposes of this

Act.

(7)The purpose of the abstract is to give technical information and on publication it shall 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.

(8)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.

26.-(1)The date of filing an application for a patent shall, subject to the provisions of this Act, be taken to be the earliest date on which the following considerations are satisfied in relation to the application:

(a)the documents filed at the Registry contain an indication that a patent is sought in pursuance

of the application;

(b)those documents identify the applicant or applicants for the patent; and

(c)those documents contain a description of the invention and one or more claims whether or not

the description or the claim or claims complies with the other provisions of this Act and with

any relevant rules.

(2)Every application for a patent shall be examined on filing to determine whether -

(a)the filing fee has been paid; and

(b)the application satisfies the requirements for the accordance of a filing date.

(3)If a date of filing cannot be accorded, the Registrar shall give the applicant an opportunity to

correct the deficiencies, and if the deficiencies are not corrected within the prescribed period, the

application shall be treated as having been abandoned.

(4)If the filing fee has not been paid within the period prescribed under section 25 (2), the

application shall be treated as having been abandoned.

(5)If before the grant of a patent under section 30 it is found that any drawing referred to in any such

application is filed later than the date which by virtue of subsection (1) is to be treated as the date

of filing the application, the Registrar shall give the applicant an opportunity of requesting within

the prescribed period that the date on which the drawing is filed shall be treated for the purposes

of this Act as the date of filing the application, and -

(a)if the applicant makes any such request, the date of filing the drawing shall be so treated; but

(b)otherwise any reference to the drawing in the application shall be treated as omitted.

(6)Where, after an application for a patent has been filed and before the patent is granted, a new

application is filed by the original applicant or his successor in title in accordance with the rules in

respect of any part of the matter contained in the earlier application and the conditions mentioned

in subsection (1) are satisfied in relation to the new application (without the new application

contravening section 84) the new application shall be treated as having, as its date of filing, the

date of filing the earlier application.

(7)Nothing in subsection (5) shall be construed as affecting the power of the Registrar under section

107 (1) to correct errors or mistakes with respect to the filing of drawings.

27.-(1)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 shall, unless the application is withdrawn, 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 amendments of those claims and new claims subsisting immediately before the completion of those preparations) and he may, if so requested by the applicant, publish it as aforesaid during that period, and in either event shall publish the fact and date of its publication in the journal.

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

(a)which in his opinion disparages any person in a way likely to damage him; or

(b)the publication or exploitation of which would in his opinion be generally expected to

encourage offensive, immoral or anti-social behaviour.

PART VI

PROCEDURE FOR GRANT OF PATENT

28.-(1)Where an application for a patent has a date of filing and is not withdrawn or treated as having been abandoned, the Registrar shall, as soon as practicable after the end of the prescribed period, examine the application so as to determine whether the application complies with those requirements of this Act and the rules which are designated by the rules as formal requirements for the purposes of this Act.

(2)Where, after an examination under subsection (1), it is determined that not all the formal

requirements are complied with, the Registrar shall give the applicant an opportunity to make

observations and to amend the application within such period as the Registrar may specify so as

to comply with those requirements (subject, however, to section 84), and, if the applicant fails to

do so, the Registrar may refuse the application.

29.-(1)Where an application for a patent complies with all the formal requirements referred to in section 28 (1), the Registrar shall notify the applicant who shall -

(a)file a request in the prescribed form and pay the prescribed fee for a search report within the

prescribed period;

(b)file a request in the prescribed form and pay the prescribed fee for a search and examination

report within the prescribed period; or

(c)where the applicant has filed, alone or jointly with any other person, a corresponding

international application for a patent, not designating Singapore, or a corresponding

application for a patent at any prescribed patent office, furnish such detail as prescribed and

within the prescribed period, of all the corresponding international applications and the other

corresponding applications filed by him,

and if the applicant fails to make such request, pay the prescribed fee or furnish the prescribed detail within the prescribed period, the application shall be treated as having been abandoned at the end of the period prescribed under paragraph (a), (b) or (c), whichever is the latest.

(2)Where the applicant has filed a request and paid the fee under subsection (1) (a), the Registrar

shall cause the application to be subject to a search by an Examiner to discover the relevant prior

art contained in such documentation as may be prescribed.

(3)Upon receipt of the report of the search carried out under subsection (2), the Registrar shall send

to the applicant a copy of the report, and the applicant may, within the prescribed period, file a

request and pay the prescribed fee for an examination report on the application so as to

determine whether the conditions specified in sections 13 and 25 (4) and (5) have been complied

with, taking into consideration all the relevant prior art, if any, referred to in the search report;

and upon receipt of the report, the Registrar shall send to the applicant a copy of the report.

(4)Where the applicant has furnished the prescribed details under subsection (1) (c), he shall,

subject to subsection (5), within the prescribed period, file the prescribed information in or

translated into the English language relating to any one of the corresponding international

applications or other corresponding applications referred to in subsection (1) (c).

(5)The applicant may, instead of filing the prescribed information referred to in subsection (4),

within the prescribed period, either -

(a)file a copy of a search report in respect of any one of the corresponding international

applications or other corresponding applications referred to in subsection (1) (c), together with

a request in the prescribed form and the prescribed fee, for an examination report; or

(b)file a request in the prescribed form and pay the prescribed fee for a search and examination

report.

(6)Where the applicant has filed a request and paid the fee under subsection (1) (b) or (5) (b), the

Registrar shall cause the application to be subject to -

(a)a search by an Examiner to discover the relevant prior art contained in such documentation as

may be prescribed; and

(b)an examination by an Examiner so as to determine whether the conditions specified in sections

13 and 25 (4) and (5) have been complied with, taking into consideration all the relevant prior

art, if any, discovered in the search; and upon receipt of the search and examination report, the

Registrar shall send to the applicant a copy of the report.

(7)Where the applicant has filed a request and paid the fee under subsection (5) (a), the Registrar

shall cause the application to be subject to an examination by an Examiner so as to determine

whether the conditions specified in sections 13 and 25 (4) and (5) have been complied with, taking

into consideration all the relevant prior art, if any, referred to in the search report; and upon receipt

of the examination report, the Registrar shall send to the applicant a copy of the report.

(8)Where an international application for a patent (Singapore) has been filed by the applicant and the

international preliminary examination report is not established, the applicant may, within the

prescribed period file a request in the prescribed form and pay the prescribed fee, for an

examination report on the application so as to determine whether the conditions specified in

sections 13 and 25 (4) and (5) have been complied with, taking into consideration all the relevant

prior art, if any, referred to in the international search report; and upon receipt of the examination

report, the Registrar shall send to the applicant a copy of the report.

(9)For the purposes of this Part, "corresponding international application" and "corresponding

application", in relation to an invention, mean an application for protection filed, respectively,

under the Patent Co-operation Treaty or with any prescribed patent office in respect of the same

or substantially the same invention as that which is the subject of the application in suit, the

application filed under the Patent Co-operation Treaty or with the prescribed patent office being -

(a)the basis for a priority claim under section 17 in the application in suit; or

(b)subject to a priority claim based on the application in suit or an application which is also the

basis for a priority claim under section 17 in the application in suit.

30.-(1)Where before the end of the prescribed period the conditions in subsection (2) are satisfied, the Registrar shall grant the applicant a patent.

(2)The conditions referred to in subsection (1) are -

(a)that all the formal requirements have been complied with;

(b)in the case of an international application for a patent (Singapore) where Singapore has been

elected in accordance with Chapter II of the Patent Co-operation Treaty, that the international

preliminary examination report of the application has been received by the Registrar;

(c)in any other case, that the following reports or information have been received by the

Registrar;

( i )the search and examination report referred to in section 29 (6);

( ii )the search report and the examination report referred to in section 29 (3);

( iii ) the search report referred to in section 29 (5) and the examination report referred to in

section 29 (7);

( iv ) the examination report referred to in section 29 (8); or

( v )the prescribed information relating to any one of the corresponding international

applications or other corresponding applications referred to in section 29 (4); and

(d)that the prescribed fee for the grant of a patent has been paid.

(3)Notwithstanding subsection (1), the Registrar may refuse to grant a patent -

(a)in pursuance of more than one application where two or more applications for a patent for the

same invention having the same priority date have been filed by the same applicant or his

successor in title; or

(b)in respect of any thing referred to in section 13 (2) or any invention referred to in section 13 (3).

31.-(1)If it appears to an Examiner during the examination of an application that the conditions pecified in sections 13 and 25 (4) and (5) have not been complied with, the Examiner shall give the applicant at least one written opinion to that effect, and the applicant shall before the examination report is issued have the right to -

(a)respond to the written opinion within any prescribed period; and

(b)amend the specification of the application in accordance with the prescribed conditions and

subject to section 84.

(2)Notwithstanding subsection (1), at any time before a patent is granted in pursuance of an

application, the applicant may, in accordance with the prescribed conditions and subject to

section 84, amend the application of his own volition.

32.-(1)Where an application for a patent has not, before the end of such period as may be prescribed, complied with the requirements of section 30 (2), the application shall be treated as having been abandoned at the end of that period.

(2)If at the end of the prescribed period under subsection (1) an appeal to the court is pending in

respect of the application or the time within which such an appeal could be brought has not

expired, that period -

(a)where such an appeal is pending, or is brought within the said time or before the expiration of

any extension of that time granted (in the case of a first extension) on an application made

within that time or (in the case of a subsequent extension) on an application made before the

expiration of the last previous extension, shall be extended until such date as the court may

determine;

(b)where no such appeal is pending or is so brought, shall continue until the end of the said time

or, if any extension of that time is so granted, until the expiration of the extension or last

extension so granted.

33.-(1)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 him by the Minister as being information the publication of which might be prejudicial to the defence of Singapore, the Registrar shall give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons.

(2)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, he 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.

(3)While directions are in force under this section with respect to an application -

(a)if the application is made under this Act, it will be held in abeyance after the formal requirements of this Act and the rules have been met and will not proceed to be processed in accordance with section 29 until the directions are revoked under subsection (4) (e); and

(b)if it is an international application for a patent, a copy of it shall not be sent to the International

Bureau or any international searching authority appointed under the Patent Co-operation

Treaty.

(4)Where the Registrar gives directions under this section with respect to any application, he shall

give notice of the application and of the directions to the Minister, and the following provisions

shall then have effect:

(a)the Minister shall, on receipt of the notice, consider whether the publication of the application

or the publication or communication of the information in question would be prejudicial to the

defence of Singapore or the safety of the public;

(b)if the Minister determines under paragraph (a) that the publication or communication of that

information would be prejudicial to the safety of the public, he shall notify the Registrar who

shall continue his directions under subsection (2) until they are revoked under paragraph (e);

(c)if the Minister determines under paragraph (a) that the publication of the application or the

publication or communication of that information would be prejudicial to the defence of

Singapore or the safety of the public, he shall (unless a notice under paragraph (d) has

previously been given by the Minister to the Registrar) reconsider that question during the

period of 9 months from the date of filing the application and at least once in every subsequent

period of 12 months;

(d)if on consideration of an application at any time it appears to the Minister that the publication of

the application or the publication or communication of the information contained in it would

not, or would no longer, be prejudicial to the defence of Singapore or the safety of the public, he

shall give notice to the Registrar to that effect; and

(e)on receipt of such a notice the Registrar shall revoke the directions and may, subject to such

conditions (if any) as he thinks fit, extend the time for doing anything required or authorised to

be done by or under this Act in connection with the application, whether or not that time has

previously expired.

(5)The Minister may at any time, for the purpose of enabling him 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 documents sent to the Registrar in connection with it and where

a person is authorised to carry out such inspection, he shall as soon as practicable report on his

inspection to the Minister.

(6)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 -

(a)if while the directions are in force the invention is worked by (or with the written authorisation

of or to the order of) a Government department, the provisions of Part XII shall apply as if -

( i )the working were use made by section 61;

( ii )the application had been published at the end of the prescribed period or at the time the

directions were revoked, whichever is earlier; and

( iii) a patent had been granted for the invention at the time the application is brought in order for

the grant of a patent (taking the terms of the patent to be those of the application as it stood at

the time it was so brought in order); and

(b)if it appears to the Minister that the applicant for the patent has suffered hardship while the

directions were in force, the Minister may make such payment (if any) by way of compensation

to the applicant as appears to the Minister to be reasonable having regard to the inventive merit

and utility of the invention, the purpose for which it is designed and any other relevant

circumstances.

(7)Where a patent is granted in pursuance of an application in respect of which directions have been

given under this section, no renewal fees shall be payable in respect of any period during which

those directions were in force.

(8)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.

(9)Nothing in this section shall prevent 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.

34.-(1)Subject to this section, no person resident in Singapore shall, without written authority granted by the Registrar, file or cause to be filed outside Singapore an application for a patent for an invention unless -

(a)an application for a patent for the same invention has been filed in the Registry not less than

2 months before the application outside Singapore; and

(b)no directions have been given under section 33 in relation to the application in Singapore or

all such directions have been revoked.

(2)Subsection (1) shall 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.

(3)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.

(4)In this section -

(a)any reference to an application for a patent includes a reference to an application for other

protection for an invention;

(b)any reference to either kind of application is a reference to an application under this Act, under

the law of any country other than Singapore or under any treaty or international convention to

which Singapore is a party; and

(c)"person resident in Singapore" includes a person who, at the material time, is residing in

Singapore by virtue of a valid pass lawfully issued to him under the Immigration Act to enter

and remain in Singapore for any purpose.

PART VII

PROVISIONS AS TO PATENTS AFTER GRANT

35.-(1)As soon as practicable after a patent has been granted under this Act, the Registrar shall publish in the journal a notice that it has been granted.

(2)The Registrar shall, as soon as practicable after he publishes a notice under subsection (1), send

the proprietor of the patent a certificate in the prescribed form that the patent has been granted to

the proprietor.

(3) The Registrar shall, at the same time as he publishes a notice under subsection (1) 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 (including the prescribed information under sections 29 and 30)

constituting or relating to the patent which in the Registrar's opinion it is desirable to publish.

36.-(1)A patent granted under this Act shall be treated for the purposes of this Act as having been granted, and shall take effect on the date on which notice of its grant is published in the journal and, subject to subsection (2), shall continue 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.

(2)A patent shall cease 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.

(3)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 shall be treated for the purposes

of this Act as if it had never expired, and accordingly -

(a)anything done under or in relation to it during that further period shall be valid;

(b)an act which would constitute an infringement of it if it had not expired shall constitute such an

infringement; and

(c)an act which would constitute the use of the patented invention for the services of the

Government if the patent had not expired shall constitute that use.

(4) Rules shall include provision requiring the Registrar to notify the registered proprietor of a patent

that a renewal fee has not been received from him in the Registry before the end of the prescribed

period and before the framing of the notification and requiring the proprietor of a patent in force

by virtue of section 116 (3) to furnish to the Registrar -

(a)where the patent is renewed for the first time under this section, a statutory declaration stating

that the patent remains in force in the United Kingdom; and

(b)for every subsequent renewal under this section, a statutory declaration stating that the patent has

not been revoked in the United Kingdom, at the time of the payment of any renewal fee.

37.No person may in any proceeding object to a patent or to an amendment of a specification of a atent on the ground that the claims contained in the specification of the patent, as they stand or, as the case may be, as proposed to be amended, relate -

(a)to more than one invention; or

(b)to a group of inventions which are not so linked as to form a single inventive concept.

38.-(1)Subject to this section and to 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 he thinks fit.

(2)No such amendment shall be 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.

(3)An amendment of a specification of a patent under this section shall have effect and be deemed always to have had effect from the grant of the patent.

(4)A person may give notice to the Registrar of his opposition to an application under this section by the proprietor of a patent, and if he does so the Registrar shall notify the proprietor and consider the opposition in deciding whether to grant the application.

39.-(1)Where a patent has ceased to have effect by reason of a failure to pay any renewal fee, an application for the restoration of the patent may be made to the Registrar within the prescribed period.

(2)An application under this section may be made by the person wh