新加坡专利法
发布日期：2020-08-07
THE STATUTES OF THE REPUBLIC OF SINGAPORE
PATENTS ACT
(CHAPTER 221)
(Original Enactment: Act 21 of 1994)
REVISED EDITION 2005
(31st July 2005)
Prepared and Published by
THE LAW REVISION COMMISSION
UNDER THE AUTHORITY OF
THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)
Informal Consolidation – version in force from 1/11/2016CHAPTER 221
Patents Act
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
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
Informal Consolidation – version in force from 1/11/2016
1
2005 Ed.PART IV
RIGHT TO APPLY FOR AND OBTAIN PATENT
Section
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
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. Preliminary examination
29. Search and examination
29A. Eligibility for grant of patent, etc.
29B. Review of examination report, etc.
30. Grant of patent
31. General power to amend application before grant
32. [Repealed]
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
36A. Extension of term of patent
37. Patent not to be impugned for lack of unity
38. General power to amend specification after grant
38A. [Repealed]
2005 Ed.
Patents
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Informal Consolidation – version in force from 1/11/2016Section
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
49. Right to employees’ inventions
50. Supplementary provisions
PART X
CONTRACTS AS TO PATENTED PRODUCTS
50A. Application of this Part
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
PART XII
USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNMENT
56. Use of patented inventions by Government and authorised parties
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Informal Consolidation – version in force from 1/11/2016Section
57. Rights of third parties in respect of Government use
58. References of disputes as to Government use
59. [Repealed]
60. Nature and scope of rights under section 56
61. Duty to inform patentee
62. Patentee entitled to remuneration
63. [Repealed]
64. [Repealed]
65. [Repealed]
PART XIII
INFRINGEMENT OF PATENTS
66. Meaning of infringement
67. Proceedings for infringement of patent
68. Reversal of burden of proof
69. Restrictions on relief 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
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. [Repealed]
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
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016PART XVI
INTERNATIONAL APPLICATIONS FOR PATENTS
Section
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
PART XVII
LEGAL PROCEEDINGS
89. Proceedings before court or Registrar
90. Appeals from Registrar
91. General powers of court
92. Exercise of Registrar’s discretionary powers
93. Right of audience in patent proceedings
94. Extension of privilege for communications with solicitors
relating to patent proceedings
95. Privilege for communications with patent agents, etc.
96. Costs and expenses in proceedings before Registrar
97. Licences granted by order of Registrar
PART XVIII
OFFENCES
98. Falsification of register, etc.
99. Unauthorised claim of patent rights
100. Unauthorised claim that patent has been applied for
101. Misuse of title “Registry of Patents”
102. Offences by corporations and partnerships
103. Composition of offences
PART XIX
PATENT AGENTS AND FOREIGN PATENT AGENTS
104. Registration of patent agents and foreign patent agents
105. Persons entitled to act as patent agents, etc.
105A. Foreign patent agents
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Informal Consolidation – version in force from 1/11/2016PART XX
MISCELLANEOUS AND GENERAL
Section
106. Immunity of Office, its officers and Examiners
107. Correction of errors in patents and applications
108. Information about patent applications and patents, and inspection
of documents
109. [Repealed]
110. Extension of time
111. Hours of business and excluded days
112. Government’s right to sell forfeited articles
113. Extent of invention
114. Availability of samples of micro-organisms
115. Rules
115A. Forms and directions of Registrar
116. Fees
116A. Amendment of Schedule
117. Transitional provisions
The Schedule
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]
PART I
PRELIMINARY
Short title
1. This Act may be cited as the Patents Act.
Interpretation
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
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016by any protocol to that convention which is for the time being
in force;
“corresponding application”, in relation to an application for a
patent (referred to in this definition as the application in suit),
means an application for protection filed, or treated as filed,
with any prescribed patent office that —
(a) forms the basis for a priority claim under section 17 in
the application in suit; or
(b) is subject to a priority claim based on —
(i) the application in suit; or
(ii) an application which is also the basis for a
priority claim under section 17 in the
application in suit;
“corresponding international application”, in relation to an
application for a patent (referred to in this definition as the
application in suit), means an application for protection filed
under the Patent Co-operation Treaty that —
(a) forms the basis for a priority claim under section 17 in
the application in suit; or
(b) is subject to a priority claim based on —
(i) the application in suit; or
(ii) an application which is also the basis for a
priority claim under section 17 in the
application in suit;
“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;
[18/2008 wef 01/12/2008]
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2005 Ed.
Informal Consolidation – version in force from 1/11/2016“country” includes —
(a) a colony, protectorate or territory subject to the
authority or under the suzerainty of another
country; or
(b) a territory administered by another country under the
trusteeship of the United Nations;
“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 was
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;
“Doha Declaration Implementation Decision” means the
Decision adopted by the General Council of the World
Trade Organisation on 30th August 2003 on the
implementation of paragraph 6 of the Declaration on the
TRIPS Agreement and Public Health adopted in Doha on
14th November 2001;
[18/2008 wef 01/12/2008]
“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;
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016“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;
[Act 15 of 2012 wef 14/02/2014]
“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
[Act 15 of 2012 wef 08/04/2013]
“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 “non-exclusive licence”
shall 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;
[2/2007 wef 01/04/2007]
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2005 Ed.
Informal Consolidation – version in force from 1/11/2016“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;
[Deleted by Act 15 of 2012 wef 14/02/2014]
“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);
“Legal Service Officer” means an officer in the Singapore Legal
Service;
[20/2009 wef 09/10/2009]
“marketing approval”, in relation to a pharmaceutical product,
means —
(a) a product licence under section 5 of the Medicines
Act (Cap. 176) granted before the date of
commencement of section 2(d) of the Patents
(Amendment) Act 2012; or
(b) a registration under Part VII of the Health Products
Act (Cap. 122D) granted on or after the date of
commencement of section 2(d) of the Patents
(Amendment) Act 2012;
[Act 15 of 2012 wef 01/11/2016]
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016“medicinal health product” means any health product within the
meaning of the Health Products Act that is prescribed as a
medicinal health product;
[Act 15 of 2012 wef 01/11/2016]
“medicinal product” means —
(a) a medicinal product within the meaning of the
Medicines Act; or
(b) a medicinal health product;
[Act 15 of 2012 wef 01/11/2016]
“missing part”, in relation to an application for a patent,
means —
(a) any drawing; or
(b) any part of the description of the invention for which
the patent is sought,
which was missing from the application at the date of filing of
the application;
[2/2007 wef 01/04/2007]
“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;
“Office” means the Intellectual Property Office of Singapore
incorporated under the Intellectual Property Office of
Singapore Act (Cap. 140);
“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 117(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;
11
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2005 Ed.
Informal Consolidation – version in force from 1/11/2016“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 —
(a) any substance which is used solely —
(i) for diagnosis or testing; or
(ii) as a device or mechanism, or an instrument,
apparatus or appliance; or
(b) any substance or class of substances specified in
paragraph 2 or 3 of the Schedule;
“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 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
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 his name in the register;
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016“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;
[Act 15 of 2012 wef 14/02/2014]
“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)) (referred to
in this definition as 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;
[Act 15 of 2012 wef 14/02/2014]
[Act 4 of 2014 wef 10/03/2014]
“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;
[Act 15 of 2012 wef 14/02/2014]
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2005 Ed.
Informal Consolidation – version in force from 1/11/2016“relevant authority”, in relation to a pharmaceutical product,
means the Health Sciences Authority established under the
Health Sciences Authority Act (Cap. 122C);
“relevant health product” means a patented invention which is a
product referred to in —
(a) paragraph 1(a) of the Doha Declaration
Implementation Decision; or
(b) paragraph 1(a) of the Annex to the TRIPS
Agreement;
[18/2008 wef 01/12/2008]
“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;
[18/2008 wef 01/12/2008]
“search” means a search conducted by an Examiner in relation to
an application for a patent to discover such matters as may be
prescribed;
[Act 15 of 2012 wef 14/02/2014]
“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;
[Act 15 of 2012 wef 14/02/2014]
“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;
[18/2008 wef 01/12/2008]
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016“WTO Agreement” means the World Trade Organisation
Agreement signed in Marrakesh in 1994 as revised or
amended from time to time.
[18/2008 wef 01/12/2008]
[40/95; 3/2001; 30/2001; 19/2004]
(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) For the purposes of this Act —
(a) a claim is related to another claim if —
(i) the 2 claims are identical; or
(ii) each limitation in the second claim —
(A) is identical to a limitation in the first claim; or
(B) differs from a limitation in the first claim only
in expression but not in content; and
(b) more than one claim may be related to a single claim.
[19/2004]
(5) 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.
(6) References in this Act to an application for a patent being
published are references to its being published under section 27.
(7) 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
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Informal Consolidation – version in force from 1/11/2016is 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.
(8) The Arbitration Act (Cap. 10) shall not apply to any proceedings
before the Registrar under this Act.
Application to Government
3. This Act shall bind the Government.
PART II
ADMINISTRATION
Registrar of Patents and other officers
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.
Delegation by Registrar
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, 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.
[Act 4 of 2014 wef 10/03/2014]
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(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.
(3) A person with the relevant qualifications or experience referred
to in subsection (1) shall, when exercising the delegated powers and
functions, be deemed to be a public servant for the purposes of the
Penal Code (Cap. 224).
[Act 4 of 2014 wef 10/03/2014]
Registry of Patents
6. For the purposes of this Act, there shall be an office which shall
be known as the Registry of Patents.
Seal of Registry
7. There shall be a seal of the Registry and impressions of the seal
shall be judicially noticed.
Powers of Registrar
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.
Disobedience to summons an offence
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.
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Informal Consolidation – version in force from 1/11/2016Refusal to give evidence an offence
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.
Officers not to traffic in inventions
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.
Officers not to furnish information
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.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(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
Patentable inventions
13.—(1) Subject to subsection (2), 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.
[40/95]
(2) 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.
(3) For the purposes of subsection (2), behaviour shall not be
regarded as offensive, immoral or anti-social only because it is
prohibited by any law in force in Singapore.
Novelty
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
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Informal Consolidation – version in force from 1/11/2016was 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
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Informal Consolidation – version in force from 1/11/2016support of the statement complying with any prescribed
condition; 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) 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.
(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 composition in any
such method does not form part of the state of the art.
Inventive step
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).
Industrial application
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.
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Informal Consolidation – version in force from 1/11/2016(3) Subsection (2) shall 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.
Priority date
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) Where in or in connection with an application for a patent
(referred to in this section as 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 the
application in suit has a date of filing, within the period referred to in
subsection (2A)(a) or (b), 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; and
(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.
[2/2007 wef 01/04/2007]
(2A) For the purposes of subsection (2), the period is —
(a) the period of 12 months immediately following the date of
filing of the specified earlier relevant application or, if there
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Informal Consolidation – version in force from 1/11/2016is more than one relevant application, the earliest of them;
or
(b) where the Registrar has granted a request under
subsection (2B), the period commencing immediately
after the period referred to in paragraph (a) and ending at
the end of such period as may be prescribed.
[2/2007 wef 01/04/2007]
(2B) 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 (2A)(a).
[2/2007 wef 01/04/2007]
(2C) Where the applicant makes a request under subsection (2B), he
shall, if he has failed to file the application in suit within the period
referred to in subsection (2A)(a), indicate in the request whether his
failure to file the application in suit within the period referred to in
subsection (2A)(a) —
(a) occurred in spite of due care required by the circumstances
having been taken; or
(b) was unintentional.
[2/2007 wef 01/04/2007]
(2D) The Registrar shall grant a request under subsection (2B) if and
only if —
(a) the request is made within such period and in such manner,
and complies with such requirements, as may be
prescribed; and
(b) where the applicant has failed to file the application in suit
within the period referred to in subsection (2A)(a), the
Registrar is satisfied that the applicant’s failure to file the
application in suit within the period referred to in
subsection (2A)(a) —
(i) occurred in spite of due care required by the
circumstances having been taken; or
(ii) was unintentional.
[2/2007 wef 01/04/2007]
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Informal Consolidation – version in force from 1/11/2016(3) 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 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
Singapore or elsewhere;
(ii) leaving any right 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 for protection
in respect 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.
[30/2001]
(6) In subsection (5), “convention country” means —
(a) a country other than Singapore that is a party to the Paris
Convention or a member of the World Trade Organisation;
or
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Informal Consolidation – version in force from 1/11/2016(b) any other country with which Singapore has entered into a
treaty, convention, arrangement or engagement and which
is declared by the Minister, by order published in the
Gazette, as a convention country.
[30/2001]
Disclosure of matter, etc., between earlier and later applications
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
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
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Informal Consolidation – version in force from 1/11/2016with 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; or
(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.
Determination before grant of questions about entitlement to
patents, etc.
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
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Informal Consolidation – version in force from 1/11/2016Registrar 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 2 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
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Informal Consolidation – version in force from 1/11/2016directions 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.
Determination after grant of questions referred before grant
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
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Informal Consolidation – version in force from 1/11/2016referred to the Registrar under section 47 any question mentioned in
that section which the Registrar thinks appropriate.
Handling of application by joint applicants
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.
Effect of transfer of application under section 20 or 22
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
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Informal Consolidation – version in force from 1/11/2016(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.
(6) The Registrar shall determine the question under subsection (5)
and may, if he considers it appropriate, order the grant of such a
licence.
Mention of inventor
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,
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Informal Consolidation – version in force from 1/11/2016and, 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
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.
PART V
APPLICATIONS FOR PATENTS
Making of application
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;
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Informal Consolidation – version in force from 1/11/2016(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 2 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) 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.
[Act 15 of 2012 wef 14/02/2014]
(9) A request to withdraw an application for a patent shall be made
in such manner as may be prescribed.
[Act 15 of 2012 wef 14/02/2014]
Date of filing application
26.—(1) Subject to the provisions of this Act, the date of filing an
application for a patent shall be taken to be the earliest date on which
the documents filed at the Registry to initiate the application satisfy
the following conditions:
(a) the documents indicate that a patent is sought;
(b) the documents identify the applicant for the patent; and
(c) the documents contain —
(i) something which is or appears to be a description of
the invention for which the patent is sought; or
(ii) where a declaration under section 17(2) is made in or
in connection with the application —
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Informal Consolidation – version in force from 1/11/2016(A) a reference to an earlier relevant application
specified in the declaration;
(B) such information on the earlier relevant
application as may be prescribed; and
(C) a statement that the description of the invention
for which the patent is sought is incorporated in
the application by reference to, and is
completely contained in, the earlier relevant
application, as filed.
(2) For the purposes of subsection (1)(c)(i), it is immaterial
whether —
(a) the thing is in, or is accompanied by a translation into, a
language accepted by the Registry in accordance with the
rules; or
(b) the thing otherwise complies with the other provisions of
this Act and with any relevant rules.
(3) 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) —
(a) the Registrar shall, as soon as practicable after the filing of
those documents, notify the applicant of what else must be
filed in order for the application to have a date of filing; and
(b) the applicant shall, within such period as may be
prescribed, do either or both of the following:
(i) make observations on the Registrar’s determination;
(ii) file every document which must be filed in order for
the application to have a date of filing.
(4) 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 shall be treated as having been
abandoned.
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Informal Consolidation – version in force from 1/11/2016(5) Subsection (4) does not apply if —
(a) the applicant makes observations as mentioned in
subsection (3)(b)(i) before the end of the period
prescribed under subsection (3)(b); and
(b) as a result of the observations, the Registrar is satisfied that
the documents filed at the Registry to initiate the
application satisfy all of the conditions in
subsection (1)(a), (b) and (c)(i) or (ii).
(6) 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 shall, as soon
as practicable after the filing of the last of those documents, notify the
applicant of the date of filing of the application.
(7) 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 shall, within such period as may be
prescribed, file at the Registry —
(a) a written notice confirming that the description of the
invention for which the patent is sought is incorporated in
the application by reference to the earlier relevant
application referred to in subsection (1)(c)(ii)(C);
(b) the description of the invention for which the patent is
sought; and
(c) such other documents as may be prescribed.
(8) 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 —
(a) that missing part shall be treated as included in the
application; and
(b) the date of filing of the application shall be the date on
which that missing part is filed at the Registry.
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Informal Consolidation – version in force from 1/11/2016(9) Subsection (8)(b) does not apply if —
(a) on or before the date which is the date of filing of the
application for a patent by virtue of subsection (1), a
declaration is made under section 17(2), in or in connection
with the application, specifying an earlier relevant
application; and
(b) within such period as may be prescribed, the applicant —
(i) makes a request to the Registrar for subsection (8)(b)
not to apply to the application;
(ii) files a statement that the missing part referred to in
subsection (8) is incorporated in the application by
reference to, and is completely contained in, the
earlier relevant application, as filed;
(iii) furnishes such information on the earlier relevant
application as may be prescribed; and
(iv) files such other documents as may be prescribed.
(10) Subsections (8) and (9) do not affect the power of the Registrar
under section 107(1) to correct an error or a mistake.
(11) 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 —
(a) 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
(b) the conditions in subsection (1)(a), (b) and (c)(i) or (ii) 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 of the earlier application.
[Act 15 of 2012 wef 14/02/2014]
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Informal Consolidation – version in force from 1/11/2016(12) Where an application has a date of filing by virtue of this
section, the application shall be treated as having been abandoned
unless —
(a) the applicant files at the Registry, before the end of such
period as may be prescribed, one or more claims for the
purposes of the application;
(b) the applicant pays the filing fee under section 25(1)(b)
before the end of the period prescribed under section 25(2);
and
(c) where the application 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 files at the
Registry the documents referred to in subsection (7)(a), (b)
and (c) before the end of the period prescribed under
subsection (7).
(13) In this section, “relevant application” has the same meaning as
in section 17(5).
[2/2007 wef 01/04/2007]
Publication of application
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 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).
[19/2004]
(2) 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 shall publish the fact and date of its
publication in the journal.
(3) The Registrar may omit from the specification of a published
application for a patent any matter —
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Informal Consolidation – version in force from 1/11/2016(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
Preliminary examination
28.—(1) The Registrar shall conduct a preliminary examination of
an application for a patent if —
(a) the application has a date of filing;
(b) the application has not been withdrawn or treated as
abandoned;
(c) the filing fee under section 25(1)(b) has been paid;
(d) one or more claims for the purposes of the application have
been filed under section 26(12)(a); and
(e) where the application has a date of filing under
section 26(1) by reason only that the documents filed at
the Registry to initiate the application satisfy the conditions
in section 26(1)(a), (b) and (c)(ii), the documents referred
to in section 26(7)(a), (b) and (c) have been filed at the
Registry.
(2) 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 shall
conduct another preliminary examination of the application, with the
missing part treated as included in the application.
(3) On a preliminary examination of an application, the Registrar
shall determine —
(a) whether the application complies with all the formal
requirements; and
37
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Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016(b) whether —
(i) any drawing referred to in the application; or
(ii) any part of the description of the invention for which
the patent is sought,
is missing from the application.
(4) If the Registrar determines under subsection (3)(a) that not all
the formal requirements have been complied with, then the Registrar
shall notify the applicant accordingly, and the applicant shall, within
the prescribed period —
(a) make observations on the Registrar’s determination; and
(b) subject to section 84, amend the application in the
prescribed manner, so as to comply with all the formal
requirements.
[Act 15 of 2012 wef 14/02/2014]
(5) 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.
[Act 15 of 2012 wef 14/02/2014]
(6) Subsection (5) does not apply if —
(a) the applicant makes observations as mentioned in
subsection (4)(a) before the end of the prescribed period
under subsection (4); and
[Act 15 of 2012 wef 14/02/2014]
(b) as a result of the observations, the Registrar is satisfied that
all the formal requirements have been complied with.
(7) 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 shall notify the applicant
accordingly.
(8) 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
2005 Ed.
Patents
CAP. 221
38
Informal Consolidation – version in force from 1/11/2016of the description of the invention before the end of that period,
then —
(a) that drawing or part of the description of the invention shall
be treated as included in the application; and
(b) the date of filing of the application shall be the date on
which that drawing or part of the description of the
invention is filed at the Registry.
(9) Subsection (8)(b) does not apply if —
(a) on or before the date which is the date of filing of the
application by virtue of section 26(1), a declaration is made
under section 17(2), in or in connection with the
application, specifying an earlier relevant application; and
(b) within such period as may be prescribed, the applicant —
(i) makes a request to the Registrar for subsection (8)(b)
not to apply to the application;
(ii) files a statement that the drawing or part of the
description of the invention referred to in
subsection (8) is incorporated in the application by
reference to, and is completely contained in, the
earlier relevant application, as filed;
(iii) furnishes such information on the earlier relevant
application as may be prescribed; and
(iv) files such other documents as may be prescribed.
(10) In subsection (9), “relevant application” has the same meaning
as in section 17(5).
[2/2007 wef 01/04/2007]
(11) Where an application for a patent complies with all the formal
requirements under this section within the prescribed period, the
Registrar shall send a notification to the applicant.
[Act 15 of 2012 wef 14/02/2014]
39
CAP. 221
Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016Search and examination
29.—(1) The applicant in an application for a patent (referred to in
this subsection as the application in suit) shall comply with one of the
following paragraphs within the period prescribed for that paragraph:
(a) file a request in the prescribed form for a search report;
(b) file a request in the prescribed form for a search and
examination report;
(c) file the prescribed documents and a request in the
prescribed form for an examination report, where the
applicant relies on the final results of —
(i) a search in one corresponding application,
corresponding international application or related
national phase application; or
(ii) a search during the international phase of the
application in suit (if the application in suit is an
international application for a patent (Singapore) that
has entered the national phase in Singapore under
section 86(3));
(d) file the prescribed documents and a request in the
prescribed form for a supplementary examination report,
where —
(i) the applicant relies on the final results of —
(A) any search and examination as to the substance
of one corresponding application,
corresponding international application or
related national phase application; or
(B) any search and examination as to the substance
of the application in suit during its international
phase (if the application in suit is an
international application for a patent
(Singapore) that has entered the national
phase in Singapore under section 86(3));
(ii) each claim in the application in suit is related to at
least one claim in that corresponding application,
2005 Ed.
Patents
CAP. 221
40
Informal Consolidation – version in force from 1/11/2016corresponding international application or related
national phase application, or in the application in
suit during its international phase, as the case may be;
and
(iii) according to those results, each claim in the
application in suit appears to satisfy the criteria of
novelty, inventive step (or non-obviousness) and
industrial applicability (or utility).
(2) Where the applicant has complied with subsection (1)(a), the
Registrar shall —
(a) cause the application to be subjected to a search by an
Examiner; and
(b) upon receiving the search report prepared by the Examiner,
send the applicant a copy of that report.
(3) Upon receiving the search report under subsection (2)(b) from
the Registrar, the applicant shall, within the prescribed period, file a
request in the prescribed form for an examination report.
(4) Where the applicant has complied with subsection (1)(c) or (3),
the Registrar shall —
(a) cause the application to be subjected to an examination by
an Examiner; and
(b) upon receiving the examination report prepared by the
Examiner, send the applicant a copy of that report.
(5) Where the applicant has complied with subsection (1)(b), the
Registrar shall —
(a) cause the application to be subjected to —
(i) a search by an Examiner; and
(ii) an examination by an Examiner; and
(b) upon receiving the search and examination report prepared
by the Examiner, send the applicant a copy of that report.
(6) Where the applicant has complied with subsection (1)(d), the
Registrar shall —
41
CAP. 221
Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016(a) cause the application to be subjected to a supplementary
examination by an Examiner; and
(b) upon receiving the supplementary examination report
prepared by the Examiner, send the applicant a copy of
that report.
(7) 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
shall give the applicant at least one written opinion to that effect, and
the Registrar shall, upon receiving the written opinion, send the
applicant a copy of the written opinion.
(8) 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 shall give the applicant one written opinion to that effect,
and the Registrar shall, upon receiving the written opinion, send the
applicant a copy of the written opinion.
(9) The applicant shall, 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 —
(a) respond in the prescribed manner, within the prescribed
period, to the written opinion under subsection (7) or (8), as
the case may be; and
(b) subject to section 84, amend in the prescribed manner,
within the prescribed period, the specification of the
application in accordance with the prescribed conditions.
(10) Notwithstanding subsection (1), where an applicant who has
filed a request for an examination report under subsection (1)(c) or (3),
or has filed a request for a search and examination report under
subsection (1)(b), does not respond to a written opinion issued under
subsection (7), he may —
(a) within the prescribed period referred to in subsection (9)(a),
withdraw that request; and
2005 Ed.
Patents
CAP. 221
42
Informal Consolidation – version in force from 1/11/2016(b) within the prescribed period, file a request for a
supplementary examination report under subsection (1)(d).
(11) Notwithstanding subsection (1), where an applicant who has
filed a request for a supplementary examination report under
subsection (1)(d) does not respond to the written opinion issued
under subsection (8), he may —
(a) within the prescribed period referred to in subsection (9)(a),
withdraw that request; and
(b) within the prescribed period, file a request for a search and
examination report under subsection (1)(b) or a request for
an examination report under subsection (1)(c).
(12) The application shall be treated as abandoned —
(a) if the applicant fails to comply with subsection (1);
(b) where subsection (10) applies, if the applicant fails to file a
request for a supplementary examination report under
subsection (1)(d) within the prescribed period referred to in
subsection (10)(b); or
(c) where subsection (11) applies, if the applicant fails to file a
request for a search and examination report under
subsection (1)(b) or a request for an examination report
under subsection (1)(c) within the prescribed period
referred to in subsection (11)(b).
[Act 15 of 2012 wef 14/02/2014]
Eligibility for grant of patent, etc.
29A.—(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) does not
contain any unresolved objection, the Registrar shall issue to the
applicant a notice of eligibility to proceed to the grant of a patent.
(2) Where the Registrar has issued to the applicant a notice under
subsection (1) —
(a) the applicant shall satisfy the conditions under
section 30(a) and (c) within the prescribed period; and
43
CAP. 221
Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016(b) if the applicant fails to comply with paragraph (a), the
application shall be treated as abandoned.
(3) 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 shall issue to the
applicant a notice of intention to refuse the application for a patent.
(4) Where the Registrar has issued to the applicant a notice under
subsection (3) —
(a) the applicant may, within the prescribed period, apply for a
review of the examination report, search and examination
report or supplementary examination report, as the case
may be, in accordance with section 29B(1); and
(b) if the applicant fails to apply for the review under
paragraph (a), the application for a patent shall be refused.
[Act 15 of 2012 wef 14/02/2014]
Review of examination report, etc.
29B.—(1) 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) shall be made by filing —
(a) the prescribed form for the request within the prescribed
period; and
(b) written submissions to overcome the unresolved objections
in the examination report, search and examination report or
supplementary examination report, as the case may be.
(2) 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.
(3) Upon completing the review of the examination report, search
and examination report or supplementary examination report, as the
2005 Ed.
Patents
CAP. 221
44
Informal Consolidation – version in force from 1/11/2016case may be, the Examiner shall prepare an examination review
report.
(4) The examination review report shall specify —
(a) whether the Examiner agrees or disagrees with the
examination report, search and examination report or
supplementary examination report, as the case may be;
(b) where the applicant has amended the specification of the
application under subsection (2), whether each unresolved
objection in the examination report, search and
examination report or supplementary examination report,
as the case may be, has been overcome in the amended
specification; and
(c) the reasons for the Examiner’s decision under paragraph (a)
and, where applicable, paragraph (b).
(5) Upon receiving the examination review report, the Registrar
shall send the applicant —
(a) a copy of that report; and
(b) either —
(i) a notice of eligibility to proceed to the grant of a
patent, if the Registrar is satisfied by that report that
there is no unresolved objection; or
(ii) a notice of refusal of the application for a patent, if the
Registrar is satisfied by that report that there are one
or more unresolved objections.
(5A) Where the Registrar has issued to the applicant a notice under
subsection (5)(b)(i) —
(a) the applicant shall satisfy the conditions under
section 30(a) and (c) within the prescribed period; and
(b) if the applicant fails to comply with paragraph (a), the
application shall be treated as abandoned.
[Act 4 of 2014 wef 10/03/2014]
45
CAP. 221
Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016(6) Where the Registrar has sent the applicant a notice under
subsection (5)(b)(ii), the refusal of the application for a patent shall
take effect upon the expiry of the prescribed period.
[Act 15 of 2012 wef 14/02/2014]
Grant of patent
30. The Registrar shall grant the applicant a patent if all of the
following conditions have been satisfied:
(a) all the formal requirements have been complied with;
(b) the applicant has received a notice of eligibility to proceed
to the grant of a patent under section 29A(1) or
29B(5)(b)(i); and
(c) the prescribed documents for the grant of the patent have
been filed.
[Act 15 of 2012 wef 14/02/2014]
General power to amend application before grant
31.—(1) Subject to subsections (2), (3) and (4), the applicant may,
of his own volition or otherwise, amend the application or the
specification thereof.
(2) The applicant shall not be entitled to amend the application or
specification unless —
(a) he has made a request to do so to the Registrar —
(i) in the prescribed manner; and
(ii) within the prescribed period; and
(b) the request is accompanied by the prescribed documents.
(3) The applicant may only amend the application or specification in
accordance with the prescribed conditions and subject to section 84.
(4) If the applicant fails to comply with any requirement under
subsection (2) or (3), the Registrar shall —
(a) refuse the applicant’s request to amend the application or
specification; and
(b) inform the applicant of the refusal.
[Act 15 of 2012 wef 14/02/2014]
2005 Ed.
Patents
CAP. 221
46
Informal Consolidation – version in force from 1/11/201632. [Repealed by Act 19/2004]
Information prejudicial to defence of Singapore or safety of
public
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:
47
CAP. 221
Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016(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 document sent to the Registrar in connection
2005 Ed.
Patents
CAP. 221
48
Informal Consolidation – version in force from 1/11/2016with 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 56;
(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.
49
CAP. 221
Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016(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.
Restrictions on applications abroad by Singapore residents
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
2005 Ed.
Patents
CAP. 221
50
Informal Consolidation – version in force from 1/11/2016Act (Cap. 133) to enter and remain in Singapore for any
purpose.
PART VII
PROVISIONS AS TO PATENTS AFTER GRANT
Publication and certificate of grant
35.—(1) As soon as practicable after a patent has been granted
under this Act, the Registrar shall —
(a) send to the proprietor of the patent a certificate in the
prescribed form that the patent has been granted to the
proprietor; and
(b) publish in the journal a notice that the patent has been
granted.
[30/2001]
(2) The Registrar shall, at the same time as he 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.
[Act 15 of 2012 wef 14/02/2014]
[30/2001]
Term of patent
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 of issue of the certificate of grant and, subject to
subsection (2) and section 36A, 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.
[19/2004]
(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
51
CAP. 221
Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016fee 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 in accordance with section 56 if the patent had
not expired shall constitute that use.
[19/2004]
(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.
[30/2001]
Extension of term of patent
36A.—(1) The proprietor of a patent may apply to the Registrar to
extend the term of the patent on any of the following grounds:
(a) that there was an unreasonable delay by the Registrar in
granting the patent;
(b) where the patent was granted on the basis of any prescribed
documents referred to in section 29(1)(d) relating to one
corresponding application or related national phase
application, that —
(i) there was an unreasonable delay in the issue of the
corresponding patent or related national phase patent
(as the case may be); and
(ii) the patent office that granted the corresponding
patent or related national phase patent (as the case
may be) has extended the term of the corresponding
patent or related national phase patent (as the case
may be) on the basis of such delay;
[Act 15 of 2012 wef 14/02/2014]
2005 Ed.
Patents
CAP. 221
52
Informal Consolidation – version in force from 1/11/2016(c) where the subject of the patent includes any substance
which is an active ingredient of any pharmaceutical
product, that —
(i) there was an unreasonable curtailment of the
opportunity to exploit the patent 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; and
(ii) the term of the patent has not previously been
extended on this ground.
[19/2004]
(2) A delay by the Registrar in granting a patent shall not be treated
as an unreasonable delay under subsection (1)(a) unless such
requirements as may be prescribed are satisfied.
[Act 15 of 2012 wef 14/02/2014]
(3) 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 shall extend the term of the patent by such period
as may be prescribed for that type of unreasonable delay.
[Act 15 of 2012 wef 14/02/2014]
(4) 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.
[19/2004]
(5) 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, shall not be treated as an unreasonable curtailment
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Patents
2005 Ed.
Informal Consolidation – version in force from 1/11/2016under subsection (1)(c) unless such requirements as may be prescribed
are satisfied.
[Act 15 of 2012 wef 14/02/2014]
(6) 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 shall extend the term of the patent
by such period as may be prescribed.
[Act 15 of 2012 wef 14/02/2014]
(7) The Registrar shall 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.
[Act 15 of 2012 wef 14/02/2014]
(8) In determining the period by which to extend the term of the
patent under subsection (6), the Registrar shall rely on, and shall not
be concerned to inquire into the truth of, the statements contained in
the certificate from the relevant authority under subsection (7).
[19/2004]
(9) Where the term of a patent has been extended under
subsection (6), the protection conferred by the patent during the
term of the extension shall apply only to the substance referred to in
subsection (1)(c).
[19/2004]
(10) Every application to extend the term of a patent shall be —
(a) made by the proprietor of the patent in the prescribed form
within the prescribed period;
(b) filed in the prescribed manner; and
(c) accompanied by the prescribed fee and any prescribed
documents,
and the Registrar may reject any application that fails to comply with
any requirement under this subsection.
[19/2004]
(11) As soon as practicable after the Registrar has extended the term
of a patent, he shall —
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(a) send to the proprietor of the patent a certificate of extension
of patent term in the prescribed form specifying —
(i) the period of the extension; and
(ii) any limitation on the protection conferred by the
patent during the term of the extension; and
(b) publish in the journal a notice of the extension.
[19/2004]
(12) 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 shall not be revocable.
[19/2004]
(13) [Deleted by Act 15 of 2012 wef 14/02/2014]
(14) [Deleted by Act 15 of 2012 wef 14/02/2014]
Patent not to be impugned for lack of unity
37. No person may in any proceeding object to a patent or to an
amendment of a specification of a patent 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.
General power to amend specification after grant
38.—(1) 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 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.
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Informal Consolidation – version in force from 1/11/2016(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.
38A. [Repealed by Act 15 of 2012 wef 14/02/2014]
Restoration of lapsed patents
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
who was the proprietor of the patent or by any other person who
would have been entitled to the patent if it had not ceased to have
effect.
(3) Where the patent was held by 2 or more persons jointly, the
application may, with the leave of the Registrar, be made by one or
more of them without joining the others.
(4) Notice of the application shall be published by the Registrar in
the prescribed manner.
(5) If the Registrar is satisfied that the failure of the proprietor of the
patent to pay any renewal fee within the prescribed period, or to pay
that fee and any prescribed additional fee within the 6 months
immediately following the end of that period, was unintentional, the
Registrar shall by order restore the patent on payment of any unpaid
renewal fee and any prescribed additional fee.
[Act 15 of 2012 wef 14/02/2014]
(6) An order under this section may be made subject to such
conditions as the Registrar thinks fit (including a condition requiring
compliance with any provision of the rules relating to registration
which have not been complied with), and if the proprietor of the patent
does not comply with any such condition of the order, the Registrar
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revocation as he thinks fit.
(7) The effect of an order for the restoration of a patent shall be as
provided in subsections (8) to (13).
(8) Anything done under or in relation to the patent during the
period between expiry and restoration shall be treated as valid.
(9) Anything done during that period which would have constituted
an infringement if the patent had not expired shall be treated as an
infringement —
(a) if done at a time when it was possible for the patent to be
renewed under section 36(3);
(b) if it was a continuation or repetition of an earlier infringing
act.
(10) If after it was no longer possible for the patent to be so renewed,
and before publication of notice of the application for restoration, a
person —
(a) began in good faith to do an act which would have
constituted an infringement of the patent if it had not
expired; or
(b) made in good faith effective and serious preparations to do
such an act,
he has the right to continue to do the act or, as the case may be, to do
the act, notwithstanding the restoration of the patent.
(11) The right referred to in subsection (10) does not extend to
granting a licence to another person to do the act.
(12) If the act was done, or the preparations were made, in the course
of a business, the person entitled to the right conferred by
subsection (10) may —
(a) authorise the doing of that act by any partner of his for the
time being in that business; and
(b) assign that right, or transmit it on death (or in the case of a
body corporate on its dissolution), to any person who
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Informal Consolidation – version in force from 1/11/2016acquires that part of the business in the course of which the
act was done or the preparations were made.
(13) Where a product is disposed of to another in exercise of the
rights conferred by subsection (10) or (12), that other and any person
claiming through him may deal with the product in the same way as if
it had been disposed of by the registered proprietor of the patent.
(14) Subsections (8) to (13) shall apply in relation to the use of a
patent in accordance with section 56 as they apply in relation to
infringement of the patent.
[19/2004]
Surrender of patents
40.—(1) The proprietor of a patent may at any time by notice given
to the Registrar offer to surrender his patent.
(2) [Deleted by Act 15 of 2012 wef 14/02/2014]
(3) If the Registrar is satisfied that the patent may properly be
surrendered, he may accept the offer and, as from the date when notice
of his acceptance is published in the journal, the patent shall cease to
have effect, but no action for infringement shall lie in respect of any
act done before that date and no right to compensation shall accrue for
any use of the patented invention before that date in accordance with
section 56.
[19/2004]
PART VIII
PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS
AND REGISTRATION
Nature of, and transactions in, patents and applications for
patents
41.—(1) Any patent or application for a patent is personal property
(without being a thing in action), and any patent or any such
application and rights in or under it may be transferred, created or
granted in accordance with this section.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(2) Subject to section 46(3), any patent or any such application, or
any right in it, may be assigned or mortgaged.
(3) Any patent or any such application or right shall vest by
operation of law in the same way as any other personal property and
may be vested by an assent of personal representatives.
(4) Subject to section 46(3), a licence may be granted under any
patent or any such application for working the invention which is the
subject of the patent or the application; and —
(a) to the extent that the licence so provides, a sub‑licence may
be granted under any such licence and any such licence or
sub‑licence may be assigned or mortgaged; and
(b) any such licence or sub‑licence shall vest by operation of
law in the same way as any other personal property and
may be vested by an assent of personal representatives.
(5) Subsections (2) to (4) shall have effect subject to the provisions
of this Act.
(6) Any of the following transactions, that is to say —
(a) any assignment or mortgage of a patent or any such
application, or any right in a patent or any such application;
(b) any assent relating to any patent or any such application or
right,
shall be void unless it is in writing and is signed by or on behalf of the
assignor or mortgagor (or, in the case of an assent or other transaction
by a personal representative, by or on behalf of the personal
representative) or in the case of a body corporate is so signed or is
under the seal of that body.
[Act 15 of 2012 wef 14/02/2014]
(7) An assignment of a patent or any such application or a share in it,
and an exclusive licence granted under any patent or any such
application, may confer on the assignee or licensee the right of the
assignor or licensor to bring proceedings by virtue of section 67 or 76
for a previous infringement or to bring the proceedings under
section 58 for a previous act.
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Informal Consolidation – version in force from 1/11/2016Register of patents
42.—(1) The Registrar shall maintain a register of patents in
accordance with the rules made by virtue of this section.
[30/2001]
(2) Without prejudice to any other provisions of this Act or the rules,
the rules may make provision with respect to the following matters,
including provision imposing requirements as to any of those matters:
(a) the registration of patents and of published applications for
patents;
(b) the registration of transactions, instruments or events
affecting rights in or under patents and applications;
(c) the furnishing to the Registrar of any prescribed document
or description of documents in connection with any matter
which is required to be registered;
(d) the correction of errors in the register and in any document
filed at the Registry in connection with registration; and
(e) the publication and advertisement of anything done under
this Act or the rules in relation to the register.
(3) Notwithstanding anything in subsection (2)(b), no notice of any
implied or constructive trust shall be entered in the register and the
Registrar shall not be affected by any such notice.
[Act 4 of 2014 wef 30/04/2014]
(3A) A notice of an express trust or of the beneficiary of an express
trust, or both, may be entered in the register; but —
(a) the Registrar shall not be affected by any such notice in the
register; and
(b) for the avoidance of doubt, a failure to enter such notice in
the register does not affect any rights or duties under the
trust.
[Act 4 of 2014 wef 30/04/2014]
(4) The register need not be kept in documentary form.
(5) Subject to the rules, the public shall have a right to inspect the
register at the Registry at all convenient times.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(6) Any person who applies for a certified copy of an entry in the
register or a certified extract from the register shall be entitled to
obtain such a copy or extract on payment of a fee prescribed in relation
to certified copies and extracts.
(7) [Deleted by Act 15 of 2012 wef 14/02/2014]
(8) Applications under subsection (6) shall be made in such manner
as may be prescribed.
[Act 15 of 2012 wef 14/02/2014]
(9) In relation to any portion of the register kept otherwise than in
documentary form —
(a) the right of inspection conferred by subsection (5) is a right
to inspect the material on the register; and
(b) the right to a copy or extract conferred by subsection (6) or
the rules is a right to a copy or extract in a form in which it
can be taken away and in which it is visible and legible.
Effect of registration, etc., on rights in patents
43.—(1) Any person who claims to have acquired the property in a
patent or application for a patent by virtue of any transaction,
instrument or event to which this section applies shall be entitled as
against any other person who claims to have acquired that property by
virtue of an earlier transaction, instrument or event to which this
section applies if, at the time of the later transaction, instrument or
event —
(a) the earlier transaction, instrument or event was not
registered;
(b) in the case of any application which has not been published,
notice of the earlier transaction, instrument or event had not
been given to the Registrar; and
(c) in any case, the person claiming under the later transaction,
instrument or event did not know of the earlier transaction,
instrument or event.
(2) Subsection (1) shall apply equally to the case where any person
claims to have acquired any right in or under a patent or application
for a patent, by virtue of a transaction, instrument or event to which
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Informal Consolidation – version in force from 1/11/2016this section applies, and that right is incompatible with any such right
acquired by virtue of an earlier transaction, instrument or event to
which this section applies.
(3) This section shall apply to the following transactions,
instruments and events:
(a) the assignment of a patent or application for a patent, or a
right in it;
(b) the mortgage of, or grant of any other security interest in, a
patent or application;
[Act 15 of 2012 wef 14/02/2014]
(c) the grant or assignment of a licence or sub‑licence, or
mortgage of, or grant of any other security interest in, a
licence or sub‑licence, under a patent or application;
[Act 15 of 2012 wef 14/02/2014]
(d) the death of the proprietor or one of the proprietors of any
such patent or application or any person having a right in or
under a patent or application and the vesting by an assent of
personal representatives of a patent, application or any such
right; and
(e) any order or directions of a court or other competent
authority —
(i) transferring a patent or application or any right in or
under it to any person; or
(ii) that an application should proceed in the name of any
person,
and in either case the event by virtue of which the court or
authority had power to make any such order or give any
such directions.
(4) Where an application for the registration of a transaction,
instrument or event has been made, but the transaction, instrument or
event has not been registered, then, for the purposes of
subsection (1)(a), registration of the application shall be treated as
registration of the transaction, instrument or event.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(5) Provision may be made by rules as to the amendment, alteration
or removal from the register of any particulars in the register relating
to any transaction, instrument or event referred to in subsection (3).
[Act 15 of 2012 wef 14/02/2014]
Rectification of register
44.—(1) The court may, on the application of any person aggrieved,
order the register to be rectified by the making, or the variation or
deletion, of any entry in it.
(2) In proceedings under this section, the court may determine any
question which may be necessary or expedient to decide in connection
with the rectification of the register.
Evidence of register, documents, etc.
45.—(1) The register shall be prima facie evidence of anything
required or authorised by this Act or the rules to be registered.
(2) A certificate purporting to be signed by the Registrar and
certifying that any entry which he is authorised by this Act or rules to
make has or has not been made, or that any other thing which he is so
authorised to do has or has not been done, shall be prima facie
evidence of the matter so certified.
(3) Each of the following, that is to say —
(a) a copy of an entry in the register or an extract from the
register which is supplied under section 42(6);
(b) a copy of any document kept in the Registry or an extract
from any such document; or
(c) any specification of a patent or any application for a patent
which has been published,
which purports to be a certified copy or a certified extract shall be
admitted in evidence without further proof and without production of
the original.
(4) In this section, “certified copy” and “certified extract” mean a
copy and an extract certified by the Registrar.
[Act 15 of 2012 wef 14/02/2014]
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46.—(1) Where a patent is granted to 2 or more persons, each of
them shall, subject to any agreement to the contrary, be entitled to an
equal undivided share in the patent.
(2) Where 2 or more persons are proprietors of a patent, then,
subject to this section and subject to any agreement to the contrary —
(a) each of them shall be entitled, by himself or his agents, to
do in respect of the invention, for his own benefit and
without the consent of or the need to account to the other or
others, any act which would, apart from this subsection and
section 56, amount to an infringement of the patent; and
(b) any such act shall not amount to an infringement of the
patent.
(3) Subject to sections 20 and 47 and to any agreement for the time
being in force, where 2 or more persons are proprietors of a patent, one
of them shall not without the consent of the other or others grant a
licence under the patent or assign or mortgage a share in the patent.
(4) Subject to sections 20 and 47 where 2 or more persons are
proprietors of a patent, anyone else may supply one of those persons
with the means, relating to an essential element of the invention, for
putting the invention into effect, and the supply of those means by
virtue of this subsection shall not amount to an infringement of the
patent.
(5) Where a patented product is disposed of by any of 2 or more
proprietors to any person, that person and any other person claiming
through him shall be entitled to deal with the product in the same way
as if it had been disposed of by a sole registered proprietor.
(6) Nothing in subsection (1) or (2) shall affect the mutual rights or
obligations of trustees or of the personal representatives of a deceased
person, or their rights or obligations as such.
(7) This section shall have effect in relation to an application for a
patent which is filed as it has effect in relation to a patent and —
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Informal Consolidation – version in force from 1/11/2016(a) references to a patent and a patent being granted shall
accordingly include references respectively to any such
application and to the application being filed; and
(b) the reference in subsection (5) to a patented product shall be
construed accordingly.
Determination of right to patent after grant
47.—(1) After a patent has been granted for an invention, any
person having or claiming a proprietary interest in or under the patent
may refer to the Registrar the question —
(a) who is or are the true proprietor or proprietors of the patent;
(b) whether the patent should have been granted to the person
or persons to whom it was granted; or
(c) whether any right in or under the patent should be
transferred or granted to any other person or persons,
and the Registrar shall determine the question and make such order as
he thinks fit to give effect to the determination.
(2) Without prejudice to the generality of subsection (1), an order
under that subsection may contain provision —
(a) directing that the person by whom the reference is made
under that subsection shall be included (whether or not to
the exclusion of any other person) among the persons
registered as proprietors of the patent;
(b) directing the registration of a transaction, instrument or
event by virtue of which that person has acquired any right
in or under the patent;
(c) granting any licence or other right in or under the patent;
and
(d) directing the proprietor of the patent or any person having
any right in or under the patent to do anything specified in
the order as necessary to carry out the other provisions of
the order.
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Informal Consolidation – version in force from 1/11/2016(3) If any person to whom directions have been given under
subsection (2)(d) fails to do anything necessary for carrying out any
such directions within 14 days after the date of the order containing
the directions, the Registrar may, on an application made to him by
any person in whose favour or on whose reference the order
containing the directions was made, authorise him to do that thing
on behalf of the person to whom the directions were given.
(4) Where the Registrar finds on a reference under this section that
the patent was granted to a person not entitled to be granted that patent
(whether alone or with other persons) and on an application made
under section 80 makes an order on that ground for the conditional or
unconditional revocation of the patent, the Registrar may order that
the person by whom the application was made or his successor in title
may, subject to section 84, make a new application for a patent —
(a) in the case of unconditional revocation, for the whole of the
matter comprised in the specification of that patent; and
(b) in the case of conditional revocation, for the matter which
in the opinion of the Registrar should be excluded from that
specification by amendment under section 83,
and where such a new application is made, it shall be treated as having
been filed on the date of filing the application for the patent to which
the reference relates.
(5) On any reference under subsection (1) —
(a) no order shall be made under this section transferring the
patent to which the reference relates on the ground that the
patent was granted to a person not so entitled; and
(b) no order shall be made under subsection (4) on that ground
if the reference was made after the end of the period of 2
years beginning with the date of the grant, unless it is
shown that any person registered as a proprietor of the
patent knew at the time of the grant or, as the case may be,
of the transfer of the patent to him that he was not entitled to
the patent.
(6) An order under this section shall not be so made as to affect the
mutual rights or obligations of trustees or of the personal
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Informal Consolidation – version in force from 1/11/2016representatives of a deceased person, or their rights or obligations as
such.
(7) Where a question is referred to the Registrar under this section,
an order shall not be made by virtue of subsection (2) or under
subsection (4) on the reference unless notice of the reference is given
to all persons registered as proprietor of the patent or as having a right
in or under the patent, except those who are parties to the reference.
(8) If it appears to the Registrar on a reference under this section that
the question referred to him 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.
(9) The court shall not in the exercise of any such declaratory
jurisdiction determine a question whether a patent was granted to a
person not entitled to be granted the patent if the proceedings in which
the jurisdiction is invoked were commenced after the end of the period
of 2 years beginning with the date of the grant of the patent, unless it is
shown that any person registered as a proprietor of the patent knew at
the time of the grant or, as the case may be, of the transfer of the patent
to him that he was not entitled to the patent.
Effect of transfer of patent under section 47
48.—(1) Where an order is made under section 47 that a patent shall
be transferred from any person or persons (the old proprietor or
proprietors) to one or more persons (whether or not including an old
proprietor) then, except in a case falling within subsection (2), any
licences or other rights granted or created by the old proprietor or
proprietors shall, subject to section 43 and to the provisions of the
order, continue in force and be treated as granted by the person or
persons to whom the patent is ordered to be transferred (the new
proprietor or proprietors).
(2) Where an order is so made that a patent shall be transferred from
the old proprietor or proprietors to one or more persons none of whom
was an old proprietor (on the ground that the patent was granted to a
person not entitled to be granted the patent), any licences or other
rights in or under the patent shall, subject to the provisions of the order
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persons as the new proprietor or proprietors of the patent.
(3) Where an order is so made that —
(a) a patent shall be transferred as mentioned in subsection (2);
or
(b) a person other than an old proprietor may make a new
application for a patent,
and before the reference of the question under that section resulting in
the making of any such order is registered, the old proprietor or
proprietors or a licensee of the patent, acting in good faith —
(i) worked the invention in question in Singapore; or
(ii) made effective and serious preparations to do so,
the old proprietor or proprietors or the licensee shall, on making a
request to the new proprietor or proprietors within the prescribed
period, 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, so far as it is the subject of the new application.
(4) Any such licence shall be granted for a reasonable period and on
reasonable terms.
(5) The new proprietor or proprietors of the patent or any person
claiming that he is entitled to be granted any such licence may refer to
the Registrar the question whether that person is so entitled and
whether any such period is or terms are reasonable.
(6) The Registrar shall determine the question referred to in
subsection (5) and may, if he considers it appropriate, order the
grant of such a licence.
PART IX
EMPLOYEES’ INVENTIONS
Right to employees’ inventions
49.—(1) Notwithstanding anything in any rule of law, an invention
made by an employee shall, as between him and his employer, be
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016taken to belong to his employer for the purposes of this Act and all
other purposes if —
(a) the invention was made in the course of the normal duties
of the employee or in the course of duties falling outside his
normal duties, but specifically assigned to him, and the
circumstances in either case were such that an invention
might reasonably be expected to result from the carrying
out of his duties; or
(b) the invention was made in the course of the duties of the
employee and, at the time of making the invention, because
of the nature of his duties and the particular responsibilities
arising from the nature of his duties he had a special
obligation to further the interests of the employer’s
undertaking.
(2) Any other invention made by an employee shall, as between him
and his employer, be taken for those purposes to belong to the
employee.
(3) Where by virtue of this section an invention belongs, as between
him and his employer, to an employee, nothing done —
(a) by or on behalf of the employee or any person claiming
under him for the purposes of pursuing an application for a
patent; or
(b) by any person for the purpose of performing or working the
invention,
shall be taken to infringe any copyright or design right to which, as
between him and his employer, his employer is entitled in any model
or document relating to the invention.
(4) In subsection (3), the reference to application for a patent
includes an application for other protection for an invention, and
includes an application for a patent or any other protection under the
law of a country other than Singapore or under any treaty to which
Singapore is a party.
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50.—(1) This Part shall not apply to an invention made by an
employee unless at the time he made the invention one of the
following conditions was satisfied in his case:
(a) he was mainly employed in Singapore; or
(b) he was not mainly employed anywhere or his place of
employment could not be determined, but his employer had
a place of business in Singapore to which the employee was
attached, whether or not he was also attached elsewhere.
(2) In this Part, except so far as the context otherwise requires,
references to the making of an invention by an employee are
references to his making it alone or jointly with any other person, but
do not include references to his merely contributing advice or other
assistance in the making of an invention by another employee.
(3) Any references in section 49 to a patent and to a patent being
granted are respectively references to a patent or other protection and
to its being granted whether under the law of Singapore or the law in
force in any other country or under any treaty or international
convention.
(4) Nothing in this Part shall be construed as precluding the
operation of an agreement or a contract in relation to the right to an
invention.
PART X
CONTRACTS AS TO PATENTED PRODUCTS
Application of this Part
50A. This Part shall apply only to —
(a) any contract for the supply of a patented product;
(b) any licence to work a patented invention; and
(c) any contract relating to any such supply or licence,
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before the date of commencement of section 3 of the Patents
(Amendment) Act 2008.
[18/2008 wef 01/12/2008]
Avoidance of certain restrictive conditions
51.—(1) Subject to this section, any condition or term of a contract
for the supply of a patented product or of a licence to work a patented
invention, or of a contract relating to any such supply or licence, shall
be void in so far as it purports —
(a) in the case of a contract for supply, to require the person
supplied to acquire from the supplier, or his nominee, or
prohibit him from acquiring from any specified person, or
from acquiring except from the supplier or his nominee,
anything other than the patented product;
(b) in the case of a licence to work a patented invention, to
require the licensee to acquire from the licensor or his
nominee, or prohibit him from acquiring from any specified
person, or from acquiring except from the licensor or his
nominee, anything other than the product which is the
patented invention or (if it is a process) other than any
product obtained directly by means of the process or to
which the process has been applied; or
(c) in either case, to prohibit the person supplied or the licensee
from using articles (whether patented products or not)
which are not supplied by, or any patented process which
does not belong to, the supplier or licensor, or his nominee,
or to restrict the right of the person supplied or the licensee
to use any such articles or process.
(2) In proceedings against any person for infringement of a patent, it
shall be a defence to prove that at the time of the infringement there
was in force a contract relating to the patent made by or with the
consent of the plaintiff or a licence under the patent granted by him or
with his consent and containing in either case a condition or term void
by virtue of this section.
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Informal Consolidation – version in force from 1/11/2016(3) A condition or term of a contract or licence shall not be void by
virtue of this section if —
(a) at the time of the making of the contract or granting of the
licence, the supplier or licensor was willing to supply the
product, or grant a licence to work the invention, as the case
may be, to the person supplied or the licensee, on
reasonable terms specified in the contract or licence and
without any such condition or term as is mentioned in
subsection (1); and
(b) the person supplied or the licensee is entitled under the
contract or licence to relieve himself of his liability to
observe the condition or term on giving to the other party 3
months’ notice in writing, and subject to payment to that
other party of such compensation (being, in the case of a
contract to supply, a lump sum or rent for the residue of the
term of the contract and, in the case of a licence, a royalty
for the residue of the term of the licence) as may be
determined by an arbitrator appointed by the Minister.
(4) If in any proceedings it is alleged that any condition or term of a
contract or licence is void by virtue of this section, it shall lie on the
supplier or licensor to prove the matters set out in subsection (3)(a).
(5) A condition or term of a contract or licence shall not be void by
virtue of this section by reason only that it prohibits any person from
selling goods other than those supplied by a specific person or, in the
case of a contract for the hiring of or licence to use a patented product,
that it reserves to the bailor or licensor, or his nominee, the right to
supply such new parts of the patented product as may be required to
put or keep it in repair.
Determination of parts of certain contracts
52.—(1) Any contract for the supply of a patented product or
licence to work a patented invention, or contract relating to any such
supply or licence, may at any time after the patent or all the patents by
which the product or invention was protected at the time of the making
of the contract or granting of the licence has or have ceased to be in
force, and notwithstanding anything to the contrary in the contract or
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016licence or in any other contract, be determined, to the extent (and only
to the extent) that the contract or licence relates to the product or
invention, by either party on giving 3 months’ notice in writing to the
other party.
(2) In subsection (1), “patented product” and “patented invention”
include respectively a product and an invention which is the subject of
an application for a patent, and that subsection shall apply in relation
to a patent by which any such product or invention was protected and
which was granted after the time of the making of the contract or
granting of the licence, on an application which had been filed before
that time, as it applies to a patent in force at that time.
(3) If, on an application under this section made by either party to a
contract or licence falling within subsection (1), the court is satisfied
that, in consequence of the patent or patents ceasing to be in force, it
would be unjust to require the applicant to continue to comply with all
the terms and conditions of the contract or licence, the court may make
such order varying those terms or conditions as, having regard to all
the circumstances of the case, it thinks just as between the parties.
(4) Without prejudice to any other right of recovery, nothing in
subsection (1) shall be taken to entitle any person to recover property
let under a hire-purchase agreement within the meaning of the Hire
Purchase Act (Cap. 125).
(5) This section shall be without prejudice to any rule of law relating
to the frustration of contracts and any right of determining a contract
or licence exercisable apart from this section.
PART XI
LICENCES OF RIGHT AND COMPULSORY LICENCES
Licences of right
53.—(1) At any time after the grant of a patent, its proprietor may
apply to the Registrar for an entry to be made in the register to the
effect that licences under the patent are to be available as of right.
(2) Where an application under subsection (1) is made, the Registrar
shall give notice of the application to any person registered as having a
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Informal Consolidation – version in force from 1/11/2016right in or under the patent and, if satisfied that the proprietor of the
patent is not precluded by contract from granting licences under the
patent, the Registrar shall make that entry.
(3) Where an entry under subsection (2) is made in respect of a
patent —
(a) any person shall, at any time after the entry is made, be
entitled as of right to a licence under the patent on such
terms as may be settled by agreement or, in default of
agreement, by the Registrar on the application of the
proprietor of the patent or the person requiring the licence;
(b) the Registrar may, on the application of the holder of any
licence granted under the patent before the entry was made,
order the licence to be exchanged for a licence of right on
terms so settled;
(c) if, in proceedings for infringement of the patent, the
defendant undertakes to take a licence on such terms, no
injunction shall be granted against him and the amount (if
any) recoverable against him by way of damages shall not
exceed twice the amount which would have been payable
by him as licensee if such a licence on those terms had been
granted before the earliest infringement; and
(d) the renewal fee payable in respect of the patent after the
date of the entry shall be half the fee which would be
payable if the entry had not been made.
(4) An undertaking under subsection (3)(c) may be given at any time
before final order in the proceedings, without any admission of
liability.
(5) The licensee under a licence of right may (unless, in the case of a
licence the terms of which are settled by agreement, the licence
otherwise expressly provides) request the proprietor of the patent to
take proceedings to prevent any infringement of the patent.
(6) If the proprietor refuses or neglects to take proceedings under
subsection (5) within 2 months after being so requested, the licensee
may institute proceedings for the infringement in his own name as if
he were the proprietor, making the proprietor a defendant.
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Informal Consolidation – version in force from 1/11/2016(7) A proprietor so added as defendant shall not be liable for any
costs or expenses unless he enters an appearance and takes part in the
proceedings.
Cancellation of entry made under section 53
54.—(1) At any time after an entry has been made under section 53
in respect of a patent, the proprietor of the patent may apply to the
Registrar for cancellation of the entry.
(2) Where an application under subsection (1) is made and the
balance paid of all renewal fees which would have been payable if the
entry had not been made, the Registrar may cancel the entry if satisfied
that there is no existing licence under the patent or that all licensees
under the patent consent to the application.
(3) Within the prescribed period after an entry had been made under
section 53 in respect of a patent, any person who claims that the
proprietor of the patent is, and was at the time of the entry, precluded
by a contract in which the claimant is interested from granting licences
under the patent may apply to the Registrar for cancellation of the
entry.
(4) Where the Registrar is satisfied, on an application under
subsection (3), that the proprietor of the patent is and was so
precluded, he shall cancel the entry.
(5) The proprietor shall be liable to pay, within the prescribed
period, a sum equal to the balance of all renewal fees which would
have been payable if the entry had not been made, and the patent shall
cease to have effect at the expiration of that period if that sum is not so
paid.
[Act 15 of 2012 wef 14/02/2014]
(6) Where an entry is cancelled under this section, the rights and
liabilities of the proprietor of the patent shall after the cancellation be
the same as if the entry had not been made.
(7) Where an application has been made under this section —
(a) in the case of an application under subsection (1), any
person; and
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Informal Consolidation – version in force from 1/11/2016(b) in the case of an application under subsection (3), the
proprietor of the patent,
may, within the prescribed period, give notice to the Registrar of
opposition to the cancellation.
(8) The Registrar shall, in considering the application made under
this section, determine whether the opposition is justified.
Compulsory licences
55.—(1) Any interested person may apply to the court for the grant
of a licence under a patent on the ground that the grant of the licence is
necessary to remedy an anti-competitive practice.
[19/2004]
(2) Without prejudice to the generality of subsection (1), the court
may determine that the grant of a licence is necessary to remedy an
anti-competitive practice if —
(a) there is a market for the patented invention in Singapore;
(b) that market —
(i) is not being supplied; or
(ii) is not being supplied on reasonable terms; and
(c) the court is of the view that the proprietor of the patent has
no valid reason for failing to supply that market with the
patented invention, whether directly or through a licensee,
on reasonable terms.
[19/2004]
(3) Subject to this section, if the court is satisfied that the ground
referred to in subsection (1) is established, the court may make an
order for the grant of a licence in accordance with the application upon
such terms as the court thinks fit.
[40/95; 19/2004]
(4) A licence granted under this section —
(a) is not exclusive; and
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Informal Consolidation – version in force from 1/11/2016(b) shall not be assigned otherwise than in connection with the
goodwill of the business in which the patented invention is
used.
[40/95; 19/2004]
(5) Any licence granted under this section may, on the application of
any interested party, be terminated by the court where the court is
satisfied that the ground upon which the licence was granted has
ceased to exist and is unlikely to recur.
[40/95; 19/2004]
(6) Where a licence is granted under this section to any person, the
person shall pay such remuneration to the patentee as may be agreed,
or as may be determined by a method agreed between the person and
the patentee or, in default of agreement, as is determined by the court
on the application of the person or the patentee.
[40/95]
(7) The powers of the court on an application under this section shall
be exercised with a view to securing that the inventor or other person
beneficially entitled to a patent shall receive reasonable remuneration
having regard to the economic value of the licence.
[40/95]
(8) No order shall be made in pursuance of any application under
this section which would be at variance with any treaty or
international convention relating to patents to which Singapore is a
party.
[40/95]
PART XII
USE OF PATENTED INVENTIONS FOR SERVICES OF
GOVERNMENT
Use of patented inventions by Government and authorised
parties
56.—(1) Subject to sections 60, 61 and 62, but notwithstanding any
other section of this Act, the Government and any party authorised in
writing by the Government may do anything in relation to a patented
invention —
(a) for a public non-commercial purpose; or
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Informal Consolidation – version in force from 1/11/2016(b) for or during a national emergency or other circumstances
of extreme urgency,
and anything done by virtue of this section shall not amount to an
infringement of the patent.
[19/2004]
[18/2008 wef 01/12/2008]
(1A) Without prejudice to the generality of subsection (1), subject to
sections 60, 61 and 62, but notwithstanding any other section of this
Act, the Government and any party authorised in writing by the
Government may import any relevant health product, and do anything
in relation to any relevant health product so imported, for or during a
national emergency or other circumstances of extreme urgency, if the
Government has given the Council for TRIPS a relevant notification
in relation to the relevant health product.
[18/2008 wef 01/12/2008]
(2) For the purposes of this section and section 57 —
(a) any use of an invention for the supply to the government of
any country outside Singapore, in pursuance of any
agreement or arrangement between the Government of
Singapore and the government of that country, of articles
required for the defence of that country shall be deemed to
be a use of the invention for a public non-commercial
purpose; and
(b) the power of the Government or any party authorised by the
Government to do anything in accordance with this section
shall not, in the case of a patent relating to an integrated
circuit, extend to sale of the invention to the public.
[40/95; 19/2004]
(3) The purchaser of any article sold in the exercise of the powers
conferred by this section, and any person claiming through the
purchaser, shall have power to deal with it in the same manner as if the
patent were held on behalf of the Government.
[40/95]
(4) In this section —
“integrated circuit” means a product, in its final or an
intermediate form, in which the elements, at least one of
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Informal Consolidation – version in force from 1/11/2016which is an active element, and some or all of the
interconnections are integrally formed in and on, or in or
on, a piece of material and which is intended to perform an
electronic function;
“relevant notification” means a notification that satisfies the
requirements of —
(a) paragraph 2(a) of the Doha Declaration
Implementation Decision; or
(b) paragraph 2(a) of the Annex to the TRIPS
Agreement.
[18/2008 wef 01/12/2008]
Rights of third parties in respect of Government use
57.—(1) In relation to —
(a) anything done in accordance with section 56 by the
Government or any party authorised in writing by the
Government; or
(b) anything done to the order of the Government —
(i) for a public non-commercial purpose; or
(ii) for or during a national emergency or other
circumstances of extreme urgency,
by the proprietor of a patent in respect of the patented
invention or by the proprietor of an application for a patent
in respect of the invention for which the application has
been filed and is still pending,
the provisions of any licence, assignment or agreement to which this
subsection applies shall, subject to sections 60, 61 and 62, be of no
effect so far as those provisions restrict or regulate the working of the
invention, or the use of any model, document or information relating
to it, or provide for the making of payments in respect of, or calculated
by reference to, such working or use.
[40/95; 19/2004]
(2) The reproduction or publication of any model or document in
connection with the said working or use shall not be deemed to be an
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Informal Consolidation – version in force from 1/11/2016infringement of any copyright or design right subsisting in the model
or document.
[40/95]
(3) Subsection (1) shall apply to any licence, assignment or
agreement which is made, whether before or after 23rd February
1995, between (on the one hand) any person who is a proprietor of or
an applicant for the patent, or anyone who derives title from any such
person or from whom such person derives title, and (on the other
hand) any person other than the Government.
[19/2004]
References of disputes as to Government use
58.—(1) Any dispute as to the exercise by the Government or a
party authorised by the Government of the powers conferred by, or as
to the terms for doing anything in accordance with, section 56 may be
referred to the court by either party to the dispute after a patent has
been granted for the invention.
[19/2004]
(2) In determining any dispute referred to the court under this
section, the court shall have regard to —
(a) any benefit or compensation that the patentee of the
invention may have received, or may be entitled to receive,
directly or indirectly, from the Government or any party
authorised by the Government in respect of the patented
invention; and
(b) the need to ensure that the patentee shall receive reasonable
remuneration having regard to the economic value of the
patented invention.
[40/95; 19/2004]
(3) If the validity of a patent is put in issue in proceedings under this
section and it is found that the patent is only partially valid, the court
may, subject to subsection (4), grant relief to the proprietor of the
patent in respect of that part of the patent which is found to be valid
and to have been used in accordance with section 56.
[19/2004]
(4) Where in any such proceedings it is found that a patent is only
partially valid, the court shall not grant relief by way of costs or
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specification of the patent was framed in good faith and with
reasonable skill and knowledge, and in that event the court may grant
relief in respect of that part of the patent which is valid and has been so
used, subject to the discretion of the court as to costs and expenses.
(5) As a condition of any such relief, the court may direct that the
specification of the patent shall be amended to its satisfaction upon an
application made for that purpose under section 83, and an application
may be so made accordingly, whether or not all other issues in the
proceedings have been determined.
(6) In any proceedings under this section, the court may at any time
order the whole proceedings or any question or issue of fact arising in
them to be referred, on such terms as the court may direct, to an
arbitrator; and references to the court in this section shall be construed
accordingly.
(7) One of the 2 or more joint proprietors of a patent or an
application for a patent may, without the concurrence of the others,
refer a dispute to the court under this section, but shall not do so unless
the others are made parties to the proceedings; but any of the others if
made a defendant shall not be liable for any costs or expenses unless
he enters an appearance and takes part in the proceedings.
59. [Repealed by Act 19/2004]
Nature and scope of rights under section 56
60.—(1) The right to use a patented invention under section 56 —
(a) is not exclusive;
(b) shall not be assigned otherwise than in connection with the
goodwill of the business in which the patented invention is
used; and
(c) is, notwithstanding subsection (2)(a) of section 56, limited
to the supply of the patented invention predominantly in
Singapore by the Government or a party authorised by the
Government under that section.
[40/95; 19/2004]
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Informal Consolidation – version in force from 1/11/2016(1A) The right under section 56 to use a relevant health product
which is imported under section 56(1A) does not include a right to
export the relevant health product.
[18/2008 wef 01/12/2008]
(2) The right to use a patented invention under section 56 may, on
the application of any interested party, be terminated by the court,
where the court is satisfied that the circumstances that gave rise to the
right to use the patented invention have ceased to exist and are
unlikely to recur.
[40/95]
(3) Where the court has terminated the right under section 56 to use
a patented invention, the court may make such consequential orders as
it thinks necessary.
[18/2008 wef 01/12/2008]
Duty to inform patentee
61.—(1) Where any thing set out in section 66(1) is done in relation
to a patented invention by the Government or a party authorised in
writing by the Government for a public non-commercial purpose, the
Government department that did or authorised the doing of the thing
shall inform the patentee promptly of the doing of the thing.
[19/2004]
(2) Where any thing set out in section 66(1) is done in relation to a
patented invention by the Government or a party authorised in writing
by the Government for or during a national emergency or other
circumstances of extreme urgency, the Government department that
did or authorised the doing of the thing shall, as soon as reasonably
practicable, inform the patentee of the doing of the thing.
[19/2004]
Patentee entitled to remuneration
62.—(1) Subject to subsection (2), where an act is done under
section 56, the Government shall pay such remuneration to the
patentee as may be agreed, or as may be determined by a method
agreed, between the Government and the patentee having regard to the
economic value of the patented invention or as may, in default of
agreement, be determined by the court under section 58.
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Informal Consolidation – version in force from 1/11/2016(2) No remuneration shall be payable under subsection (1) in respect
of the import or subsequent use under section 56(1A) of any relevant
health product, if the patentee has received or will receive any other
remuneration in respect of that relevant health product.
[18/2008 wef 01/12/2008]
63. [Section number not in use]
64. [Section number not in use]
65. [Section number not in use]
PART XIII
INFRINGEMENT OF PATENTS
Meaning of infringement
66.—(1) Subject to the provisions of this Act, a person infringes a
patent for an invention if, but only if, while the patent is in force, he
does any of the following things in Singapore in relation to the
invention without the consent of the proprietor of the patent:
(a) where the invention is a product, he makes, disposes of,
offers to dispose of, uses or imports the product or keeps it
whether for disposal or otherwise;
(b) where the invention is a process, he uses the process or he
offers it for use in Singapore when he knows, or it is
obvious to a reasonable person in the circumstances, that its
use without the consent of the proprietor would be an
infringement of the patent;
(c) where the invention is a process, he disposes of, offers to
dispose of, uses or imports any product obtained directly by
means of that process or keeps any such product whether
for disposal or otherwise.
(2) An act which, apart from this subsection, would constitute an
infringement of a patent for an invention shall not be so if —
(a) it is done privately and for purposes which are not
commercial;
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Informal Consolidation – version in force from 1/11/2016(b) it is done for experimental purposes relating to the subject
matter of the invention;
(c) it consists of the extemporaneous preparation of a medicine
for an individual in accordance with a prescription given by
a registered medical or dental practitioner or consists of
dealing with a medicine so prepared;
(d) it consists of the use of a product or process in the body or
operation of a relevant aircraft, hovercraft or vehicle which
has temporarily or accidentally entered or is crossing
Singapore (including the air space above it and its territorial
waters) or the use of accessories for such a relevant aircraft,
hovercraft or vehicle;
(e) it consists of the use, exclusively for the needs of a relevant
ship, of a product or process in the body of the ship or in its
machinery, tackle, apparatus or other accessories, in a case
where the ship has temporarily or accidentally entered the
territorial waters of Singapore;
(f) it consists of the use of an exempted aircraft which has
lawfully entered or is lawfully crossing Singapore as
mentioned in paragraph (d) or of the importation into
Singapore, or the use or storage, of any part or accessory for
that aircraft;
(g) subject to subsections (3) and (5A), it consists of the
import, use or disposal of, or the offer to dispose of, any
patented product or any product obtained by means of a
patented process or to which a patented process has been
applied, which is produced by or with the consent
(conditional or otherwise) of the proprietor of the patent
or any person licensed by him, and for this purpose “patent”
includes a patent granted in any country outside Singapore
in respect of the same or substantially the same invention as
that for which a patent is granted under this Act and
“patented product”, “patented process” and “licensed” shall
be construed accordingly;
[18/2008 wef 01/12/2008]
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Informal Consolidation – version in force from 1/11/2016(h) it consists of the doing of any thing set out in subsection (1)
in relation to the subject-matter of the patent to support any
application for marketing approval for a pharmaceutical
product, provided that any thing produced to support the
application is not —
(i) made, used or sold in Singapore; or
(ii) exported outside Singapore,
other than for purposes related to meeting the requirements
for marketing approval for that pharmaceutical product; or
(i) subject to subsection (5A), it consists of the import,
disposal or offer to dispose of a patented pharmaceutical
product for use by or on a specific patient in Singapore, or
the use of that product by or on that patient, where —
(i) that product is required for use by or on that patient;
(ii) the relevant authority has granted approval
specifically for the import of that product for use
by or on that patient; and
(iii) that product was produced by or with the consent
(conditional or otherwise) of the proprietor of the
patent or any person licensed by him (and for this
purpose “patent” includes a patent granted in any
country outside Singapore in respect of the same or
substantially the same product and “licensed” shall be
construed accordingly).
[19/2004]
[18/2008 wef 01/12/2008]
(3) Subsection (2)(g) shall not apply to the import of any patented
pharmaceutical product by any person (referred to in this subsection
and subsection (4) as the importer) if —
(a) the product has not previously been sold or distributed in
Singapore by or with the consent (conditional or otherwise)
of the proprietor of the patent or any person licensed by the
proprietor of the patent to sell or distribute the product in
Singapore;
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Informal Consolidation – version in force from 1/11/2016(b) the import of the product by the importer would result in the
product being distributed in breach of a contract
between —
(i) the proprietor of the patent; and
(ii) any person licensed by the proprietor of the patent to
distribute the product outside Singapore; and
(c) the importer has actual or constructive knowledge of the
matters referred to in paragraph (b).
[19/2004]
(4) For the purposes of subsection (3), where the importer has
received a written notice containing the prescribed particulars, he shall
be deemed to have constructive knowledge of the matters referred to
in subsection (3)(b).
[19/2004]
(5) For the avoidance of doubt, in subsection (3), “patent” does not
include a patent granted in any country outside Singapore in respect of
the same or substantially the same product and “licensed” shall be
construed accordingly.
[19/2004]
(5A) Subsection (2)(g) and (i) shall not apply to the import or sale
of, or the offer to sell, any relevant health product produced for export
to any country, other than Singapore, which is an eligible importing
member of the World Trade Organisation.
[18/2008 wef 01/12/2008]
(6) In this section —
“eligible importing member”, in relation to the World Trade
Organisation, means a member of the World Trade
Organisation which —
(a) is a least-developed country; or
(b) has given the Council for TRIPS the notification
referred to in —
(i) paragraph 1(b) of the Doha Declaration
Implementation Decision; or
(ii) paragraph 1(b) of the Annex to the TRIPS
Agreement;
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016“exempted aircraft” means an aircraft to which section 5 of the
Air Navigation Act (Cap. 6) applies;
“relevant ship” and “relevant aircraft, hovercraft or vehicle”
mean, respectively, a ship and an aircraft, a hovercraft or a
vehicle registered in, or belonging to, any country, other than
Singapore, which is —
(a) a party to the Paris Convention; or
(b) a member of the World Trade Organisation.
[18/2008 wef 01/12/2008]
Proceedings for infringement of patent
67.—(1) Subject to this Part, civil proceedings may be brought in
the court by the proprietor of a patent in respect of any act alleged to
infringe the patent and (without prejudice to any other jurisdiction of
the court) in those proceedings a claim may be made —
(a) for an injunction restraining the defendant from any
apprehended act of infringement;
(b) for an order for him to deliver up or destroy any patented
product in relation to which the patent is infringed or any
article in which that product is inextricably comprised or
any material and implement the predominant use of which
has been in the creation of the infringing product;
(c) for damages in respect of the infringement;
(d) for an account of the profits derived by him from the
infringement; and
(e) for a declaration that the patent is valid and has been
infringed by him.
[40/95]
(2) The court shall not, in respect of the same infringement, both
award the proprietor of a patent damages and order that he shall be
given an account of the profits.
(3) The proprietor of a patent and any other person may, by
agreement with each other, refer to the Registrar the question whether
that other person has infringed the patent and on the reference, the
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Informal Consolidation – version in force from 1/11/2016proprietor of the patent may make any claim mentioned in
subsection (1)(c) or (e).
(4) In this Act, unless the context otherwise requires —
(a) any reference to proceedings for infringement and the
bringing of such proceedings includes a reference to a
reference under subsection (3) and the making of such a
reference;
(b) any reference to a plaintiff includes a reference to the
proprietor of the patent; and
(c) any reference to a defendant includes a reference to any
other party to the reference.
(5) If it appears to the Registrar on a reference under subsection (3)
that the question referred to him would more properly be determined
by the court, he may decline to deal with it and the court shall have
jurisdiction to determine the question as if the reference were
proceedings brought in the court.
(6) Subject to this Part, in determining whether or not to grant any
kind of relief claimed under this section and the extent of the relief
granted, the court or the Registrar shall apply the principles applied by
the court in relation to that kind of relief immediately before
23rd February 1995.
Reversal of burden of proof
68.—(1) In any proceedings for the infringement of a patent, where
the subject-matter of the patent is a process for obtaining a new
product, the burden of proving that a product is not made by the
process shall be on the alleged infringer if the product is new or a
substantial likelihood exists that the product is made by the process
and the proprietor of the patent has been unable through reasonable
efforts to determine the process actually used.
(2) In considering whether a party has discharged the burden
imposed upon him by this section, the court shall not require him to
disclose any manufacturing or commercial secret if it appears to the
court that it would be unreasonable to do so.
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69.—(1) In proceedings for infringement of a patent, damages shall
not be awarded and no order shall be made for an account of profits
against a defendant who proves that at the date of the infringement he
was not aware, and had no reasonable grounds for supposing, that the
patent existed.
[19/2004]
(2) A person shall not be taken to have been aware or to have had
reasonable grounds for supposing by reason only of the application to
a product of the word “patent” or “patented”, or any word or words
expressing or implying that a patent has been obtained for the product,
unless the number of the patent accompanied the word or words.
(3) In proceedings for infringement of a patent, the court or the
Registrar may, if it or he thinks fit, refuse to award any damages, make
an order for an account of profits or grant any other relief (including,
in proceedings before the court, an injunction) in respect of an
infringement committed during any further period specified under
section 36(3), but before the payment of the renewal fee and any
additional fee prescribed for the purposes of section 36(3).
[Act 15 of 2012 wef 14/02/2014]
(4) Where an amendment of the specification of a patent has been
allowed under any of the provisions of this Act, the court or the
Registrar shall not, in proceedings for an infringement of the patent
committed before the decision to allow the amendment, award any
damages, make an order for an account of profits or grant any other
relief (including, in proceedings before the court, an injunction) unless
the court or the Registrar is satisfied that the specification of the patent
as published was framed in good faith and with reasonable skill and
knowledge.
[19/2004]
Relief for infringement of partially valid patent
70.—(1) If the validity of a patent is put in issue in proceedings for
infringement of the patent and it is found that the patent is only
partially valid, the court or the Registrar may, subject to
subsection (2), grant relief in respect of that part of the patent
which is found to be valid and infringed.
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Informal Consolidation – version in force from 1/11/2016(2) Where in any such proceedings it is found that a patent is only
partially valid, the court or the Registrar shall not grant relief by way
of damages, costs or expenses, except where the plaintiff proves that
the specification for the patent was framed in good faith and with
reasonable skill and knowledge, and in that event the court or the
Registrar may grant relief in respect of that part of the patent which is
valid and infringed, subject to the discretion of the court or the
Registrar as to costs or expenses and as to the date from which
damages should be reckoned.
(3) As a condition of relief under this section, the court or the
Registrar may direct that the specification of the patent shall be
amended to its or his satisfaction upon an application made for that
purpose under section 83, and an application may be so made
accordingly, whether or not all other issues in the proceedings have
been determined.
Right to continue use begun before priority date
71.—(1) Where a patent is granted for an invention, a person who in
Singapore before the priority date of the invention —
(a) does in good faith an act which would constitute an
infringement of the patent if it were in force; or
(b) makes in good faith effective and serious preparations to do
such an act,
has the right to continue to do the act or, as the case may be, to do the
act, notwithstanding the grant of the patent.
(2) The right conferred by subsection (1) shall not extend to granting
a licence to another person to do the act.
(3) If the act was done, or the preparations were made, in the course
of a business, the person entitled to the right conferred by
subsection (1) may —
(a) authorise the doing of that act by any partner of his for the
time being in that business; and
(b) assign that right, or transmit it on death (or in the case of a
body corporate on its dissolution) to any person who
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act was done or the preparations were made.
(4) Where a product is disposed of to another in exercise of the
rights conferred by subsection (1) or (3), that other and any person
claiming through him may deal with the product in the same way as if
it had been disposed of by the registered proprietor of the patent.
Certificate of contested validity of patent
72.—(1) Where in any proceedings before the court or the Registrar
the validity of a patent to any extent is contested and that patent is
found by the court or the Registrar to be wholly or partially valid, the
court or the Registrar may certify the finding and the fact that the
validity of the patent was so contested.
(2) Where a certificate is granted under this section, then, if in any
subsequent proceedings before the court or the Registrar for
infringement of the patent or for revocation of the patent, a final
order or judgment is made or given in favour of the party relying on
the validity of the patent as found in the earlier proceedings, that party
shall, unless the court or the Registrar otherwise directs, be entitled to
his costs or expenses as between solicitor and own client other than
the costs or expenses of any appeal in the subsequent proceedings.
Proceedings for infringement by co-owner
73.—(1) In the application of section 66 to a patent of which there
are 2 or more joint proprietors, the reference to the proprietor shall be
construed —
(a) in relation to any act, as a reference to that proprietor or
those proprietors who, by virtue of section 46 or any
agreement referred to in that section, is or are entitled to do
that act without its amounting to an infringement; and
(b) in relation to any consent, as a reference to that proprietor or
those proprietors who, by virtue of section 46 or any such
agreement, is or are the proper person or persons to give the
requisite consent.
(2) One of 2 or more joint proprietors of a patent may without the
concurrence of the others bring proceedings in respect of an act
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made parties to the proceedings; but any of the others if made a
defendant shall not be liable for any costs or expenses unless he enters
an appearance and takes part in the proceedings.
Proceedings for infringement by exclusive licensee
74.—(1) The holder of an exclusive licence under a patent shall
have the same right as the proprietor of the patent to bring proceedings
in respect of any infringement of the patent committed after the date of
the licence; and references to the proprietor of the patent in this Act
relating to infringement shall be construed accordingly.
[19/2004]
(2) In awarding damages or granting any other relief in any such
proceedings, the court or the Registrar shall take into consideration
any loss suffered or likely to be suffered by the exclusive licensee as
such as a result of the infringement, or, as the case may be, the profits
derived from the infringement, so far as it constitutes an infringement
of the rights of the exclusive licensee as such.
(3) In any proceedings taken by an exclusive licensee by virtue of
this section, the proprietor of the patent need not be made a party to the
proceedings, but if made a defendant shall not be liable for any costs
or expenses unless he enters an appearance and takes part in the
proceedings.
[19/2004]
Effect of non-registration on infringement proceedings
75. Where by virtue of a transaction, instrument or event to which
section 43 applies a person becomes the proprietor or one of the
proprietors or an exclusive licensee of a patent and the patent is
subsequently infringed, the court or the Registrar shall not award him
damages or order that he be given an account of the profits in respect
of such a subsequent infringement occurring before the transaction,
instrument or event is registered unless —
(a) the transaction, instrument or event is registered within the
period of 6 months beginning with its date; or
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(b) the court or the Registrar is satisfied that it was not
practicable to register the transaction, instrument or event
before the end of that period and that it was registered as
soon as practicable thereafter.
Infringement of rights conferred by publication of application
76.—(1) Where an application for a patent for an invention is
published, then, subject to this section, the applicant shall have, as
from the publication and until the grant of the patent, the same right as
he would have had, if the patent had been granted on the date of the
publication of the application, to bring proceedings in the court or
before the Registrar for damages in respect of any act which would
have infringed the patent.
(2) References in sections 66 to 69 and 73 to 75 to a patent and the
proprietor of a patent shall be respectively construed as including
references to any such application and the applicant, and references to
a patent being in force, being granted, being valid or existing shall be
construed accordingly.
(3) The applicant shall be entitled to bring proceedings by virtue of
this section in respect of any act only —
(a) after the patent has been granted; and
(b) if the act would, if the patent had been granted on the date
of the publication of the application, have infringed not
only the patent, but also the claims (as interpreted by the
description and any drawings referred to in the description
or claims) in the form in which they were contained in the
application immediately before the preparations for its
publication were completed by the Registry.
(4) Section 69(3) and (4) shall not apply to an infringement of the
rights conferred by this section but in considering the amount of any
damages for such an infringement, the court or the Registrar shall
consider whether or not it would have been reasonable to expect, from
a consideration of the application as published under section 27, that a
patent would be granted conferring on the proprietor of the patent
protection from an act of the same description as that found to infringe
those rights, and if the court or the Registrar finds that it would not
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amount as it or he thinks just.
Remedy for groundless threats of infringement proceedings
77.—(1) Where a person (whether or not the proprietor of, or
entitled to any right in, a patent) by circulars, advertisements or
otherwise threatens another person with proceedings for any
infringement of a patent, a person aggrieved by the threats (whether
or not he is the person to whom the threats are made) may, subject to
subsection (4), bring proceedings in the court against the person
making the threats, claiming any relief mentioned in subsection (3).
(2) In any such proceedings, the plaintiff shall, if he proves that the
threats were so made and satisfies the court that he is a person
aggrieved by them, be entitled to the relief claimed unless —
(a) the defendant proves that the acts in respect of which
proceedings were threatened constitute or, if done, would
constitute an infringement of a patent; and
(b) the patent alleged to be infringed is not shown by the
plaintiff to be invalid in a relevant respect.
(3) The said relief is —
(a) a declaration to the effect that the threats are unjustifiable;
(b) an injunction against the continuance of the threats; and
(c) damages in respect of any loss which the plaintiff has
sustained by the threats.
(4) Proceedings may not be brought under this section for a threat to
bring proceedings for an infringement alleged to consist of making or
importing a product for disposal or of using a process.
(5) It is hereby declared that a mere notification of the existence of a
patent does not constitute a threat of proceedings within the meaning
of this section.
(6) Nothing in this section shall render an advocate and solicitor or
any other person liable to an action under this section in respect of an
act done by the advocate and solicitor or the other person in his
professional capacity on behalf of a client.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016Declaration as to non-infringement
78.—(1) Without prejudice to the jurisdiction of the court to make a
declaration apart from this section, a declaration that an act does not,
or a proposed act would not, constitute an infringement of a patent
may be made by the court or the Registrar in proceedings between the
person doing or proposing to do the act and the proprietor of the
patent, notwithstanding that no assertion to the contrary has been
made by the proprietor, if it is shown —
(a) that that person has applied in writing to the proprietor for a
written acknowledgment to the effect of the declaration
claimed, and has furnished him with full particulars in
writing of the act in question; and
(b) that the proprietor has refused or failed to give any such
acknowledgment.
(2) A declaration made by the Registrar under this section shall have
the same effect as a declaration made by the court.
PART XIV
REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS
79. [Repealed by Act 19/2004]
Power to revoke patents on application
80.—(1) Subject to the provisions of this Act, the Registrar may, on
the application of any person, by order revoke a patent for an
invention on (but only on) any of the following grounds:
(a) the invention is not a patentable invention;
(b) the patent was granted to a person who was not entitled to
be granted that patent;
(c) the specification of the patent does not disclose the
invention clearly and completely for it to be performed
by a person skilled in the art;
(d) the matter disclosed in the specification of the patent
extends beyond that disclosed —
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(ii) where the patent was granted on a new application
filed under section 20(3) or 47(4) or section 116(6) of
the Patents Act (Cap. 221, 1995 Ed.), or in
accordance with section 26(11), in —
(A) the earlier application made under this Act;
(B) the application made under the United
Kingdom Patents Act 1977; or
(C) the application under the European Patent
Convention designating the United Kingdom
filed at the European Patent Office,
as the case may be, from which the filing date and the
right of priority has been derived, as filed;
[2/2007 wef 01/04/2007]
(e) an amendment or a correction has been made to the
specification of —
(i) the patent; or
(ii) the application for the patent,
which should not have been allowed;
(f) the patent was obtained —
(i) fraudulently;
(ii) on any misrepresentation; or
(iii) on any non-disclosure or inaccurate disclosure of any
prescribed material information, whether or not the
person under a duty to provide the information knew
or ought reasonably to have known of such
information or the inaccuracy;
(g) the patent is one of 2 or more patents for the same invention
having the same priority date and filed by the same party or
his successor in title.
[19/2004]
(2) On the application of any person for an order to revoke a patent
on any of the grounds specified in subsection (1)(a), (c), (d) and (e),
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Informal Consolidation – version in force from 1/11/2016the Registrar may, subject to subsection (3), cause the patent to be re
examined by an Examiner so as to determine whether the patent
should be revoked on any of those grounds and require the applicant
to pay the prescribed re-examination fee.
(3) The Registrar shall not cause a patent to be re-examined under
subsection (2) where, within the prescribed period, the applicant for
the revocation of the patent fails to give such security for the costs or
expenses of the proceedings as the Registrar may specify; in which
case, the application for revocation shall be treated as having been
abandoned.
(4) An application for the revocation of a patent on the ground
mentioned in subsection (1)(b) —
(a) may only be made by a person found by the court in an
action for a declaration or found by the court or the
Registrar on a reference under section 47, to be entitled to
be granted that patent or to be granted a patent for part of
the matter comprised in the specification of the patent
sought to be revoked; and
(b) may not be made if that action was commenced or that
reference was made after the end of the period of 2 years
beginning with the date of the grant of the patent sought to
be revoked, unless it is shown that any person registered as
a proprietor of the patent knew at the time of the grant or of
the transfer of the patent to him that he was not entitled to
the patent.
(5) An order under this section may be —
(a) an order for the unconditional revocation of the patent; or
(b) where one of the grounds mentioned in subsection (1) has
been established, but only so as to invalidate the patent to a
limited extent, an order that the patent should be revoked
unless within a specified time the specification is amended
under section 83 to the satisfaction of the Registrar.
(6) A decision of the Registrar or on appeal from the Registrar shall
not estop any party to any civil proceedings in which infringement of a
patent is in issue from alleging invalidity of the patent on any of the
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involved were decided in the decision.
(7) An order under this section revoking a patent shall have effect
from the date of the grant of the patent.
(8) Where an applicant for the revocation of a patent discontinues or
withdraws his application, he shall pay such costs or expenses of the
proceedings as the Registrar may determine.
(9) An application for an order to revoke a patent shall be —
(a) made in the prescribed form and filed at the Registry in the
prescribed manner; and
(b) accompanied by the prescribed fee.
(10) Section 92 shall not apply in relation to the decision of the
Registrar to cause a patent to be re-examined under this section.
Registrar’s power to revoke patents
81. If it appears to the Registrar that an invention for which a patent
has been granted formed part of the state of the art by virtue only of
section 14(3), he may on his own initiative by order revoke the patent,
but shall not do so without giving the proprietor of the patent an
opportunity of making any observation and of amending the
specification of the patent so as to exclude any matter which
formed part of the state of the art as aforesaid without contravening
section 84.
Proceedings in which validity of patent may be put in issue
82.—(1) Subject to this section, the validity of a patent may be put
in issue —
(a) by way of defence, in proceedings for infringement of the
patent under section 67 or proceedings under section 76 for
infringement of rights conferred by the publication of an
application;
(b) in proceedings under section 77;
(c) in proceedings in which a declaration in relation to the
patent is sought under section 78;
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Informal Consolidation – version in force from 1/11/2016(d) in proceedings before the Registrar under section 80 for the
revocation of the patent; or
(e) in proceedings under section 56 or 58.
(2) The validity of a patent may not be put in issue in any other
proceedings and, in particular, no proceedings may be instituted
(whether under this Act or otherwise) seeking only a declaration as to
the validity or invalidity of a patent.
(3) The only grounds on which the validity of a patent may be put in
issue (whether in proceedings for revocation under section 80 or
otherwise) are the grounds on which the patent may be revoked under
that section.
(4) No determination shall be made in any proceedings mentioned
in subsection (1) on the validity of a patent which any person puts in
issue on the ground mentioned in section 80(1)(b) unless —
(a) it has been determined in entitlement proceedings
commenced by that person or in the proceedings in
which the validity of the patent is in issue that the patent
should have been granted to him and not some other
person; and
(b) except where it has been so determined in entitlement
proceedings, the proceedings in which the validity of the
patent is in issue are commenced before the end of the
period of 2 years beginning with the date of the grant of the
patent or it is shown that any person registered as a
proprietor of the patent knew at the time of the grant or of
the transfer of the patent to him that he was not entitled to
the patent.
(5) Where the validity of a patent is put in issue by way of defence or
counterclaim, the court or the Registrar shall, if it or he thinks it just to
do so, give the defendant an opportunity to comply with the condition
in subsection (4)(a).
(6) In subsection (4), “entitlement proceedings”, in relation to a
patent, means a reference under section 47(1) on the ground that the
patent was granted to a person not entitled to it or proceedings for a
declaration that it was so granted.
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Informal Consolidation – version in force from 1/11/2016(7) Where proceedings with respect to a patent are pending in the
court under any provision of this Act mentioned in subsection (1), no
proceedings may be instituted without the leave of the court before the
Registrar with respect to that patent under section 67(3), 76, 78 or 80.
(8) It is hereby declared that for the purposes of this Act the validity
of a patent is not put in issue merely because the Registrar is
considering its validity in order to decide whether to revoke it under
section 81.
PART XV
AMENDMENTS OF PATENTS AND APPLICATIONS
Amendment of patent in infringement or revocation
proceedings
83.—(1) In any proceedings before the court or the Registrar in
which the validity of a patent is put in issue, the court or, as the case
may be, the Registrar may, subject to section 84, allow the proprietor
of the patent to amend the specification of the patent in such manner,
and subject to such terms as to the publication and advertisement of
the proposed amendment and as to costs, expenses or otherwise, as the
court or Registrar thinks fit.
(2) A person may give notice to the court or the Registrar of his
opposition to an amendment proposed by the proprietor of the patent
under this section, and if he does so the court or the Registrar shall
notify the proprietor and consider the opposition in deciding whether
the amendment or any amendment should be allowed.
(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) Where an application for an order under this section is made to
the court, the applicant shall notify the Registrar, who shall be entitled
to appear and be heard and shall appear if so directed by the court.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016Amendments of applications and patents not to include added
matter
84.—(1) An application for a patent which —
(a) is made in respect of matter disclosed in an earlier
application, or in the specification of a patent which has
been granted; and
(b) discloses additional matter, that is, matter extending
beyond that disclosed in the earlier application made
under this Act or in the application made under the United
Kingdom Patents Act 1977 or the application under the
European Patent Convention designating the United
Kingdom filed at the European Patent Office from which
the filing date and right of priority is sought to be derived,
as filed, or the application for the patent, as filed,
may be filed under section 20(3) or 47(4) or section 116(6) of the
Patents Act (Cap. 221, 1995 Ed.), or as mentioned in section 26(11),
but shall not be allowed to proceed unless it is amended so as to
exclude the additional matter.
[2/2007 wef 01/04/2007]
(1A) Where, in relation to an application for a patent —
(a) the documents filed at the Registry to initiate the
application contain —
(i) a reference to an earlier relevant application specified
in a declaration under section 17(2) made in or in
connection with the application; and
(ii) a statement referred to in section 26(1)(c)(ii)(C); and
(b) the description filed under section 26(7)(b) discloses
additional matter, that is, matter extending beyond that
disclosed in the earlier relevant application,
the application shall not be allowed to proceed unless it is amended to
exclude the additional matter.
[2/2007 wef 01/04/2007]
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Informal Consolidation – version in force from 1/11/2016(2) No amendment of an application for a patent shall be allowed
under section 31 if it results in the application disclosing any matter
extending beyond that disclosed in the application as filed.
(3) No amendment of the specification of a patent shall be allowed
under section 38(1), 81 or 83 if it —
(a) results in the specification disclosing any additional matter;
or
(b) extends the protection conferred by the patent.
(4) In subsection (1A), “relevant application” has the same meaning
as in section 17(5).
[2/2007 wef 01/04/2007]
PART XVI
INTERNATIONAL APPLICATIONS FOR PATENTS
Effect of filing international application for patent
85.—(1) An international application for a patent (Singapore) for
which a date of filing has been accorded under the Patent Co
operation Treaty shall, subject to sections 86 and 87, be treated for the
purposes of this Act as an application for a patent under this Act.
(2) If the application, or the designation of Singapore in it, is
withdrawn or (except as mentioned in subsection (3)) deemed to be
withdrawn under the Patent Co-operation Treaty, it shall be treated as
withdrawn under this Act.
(3) An application shall not be treated as withdrawn under this Act if
it, or the designation of Singapore in it, is deemed to be withdrawn
under the Patent Co-operation Treaty —
(a) because of an error or omission in an institution having
functions under the Treaty; or
(b) because, owing to circumstances outside the applicant’s
control, a copy of the application was not received by the
International Bureau before the end of the time limited for
that purpose under the Treaty; or
(c) in such other circumstances as may be prescribed.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(4) If an international application for a patent which designates
Singapore is refused a filing date under the Patent Co-operation Treaty
and the Registrar determines that the refusal was caused by an error or
omission in an institution having functions under that Treaty, he may
direct that the application shall be treated as an application under this
Act, having such date of filing as he may direct.
(5) The Registry shall act as a receiving Office under Article 2 of the
Patent Co-operation Treaty in respect of international applications
filed by citizens of Singapore or persons resident in Singapore.
(6) The prescribed transmittal fee, in addition to the fees prescribed
by the Patent Co-operation Treaty, shall be paid to the Registry by any
person filing an international application under that Treaty.
International and national phases of application
86.—(1) The provisions of the Patent Co-operation Treaty relating
to publication, search, examination and amendment, and not those of
this Act, shall apply to an international application for a patent
(Singapore) during the international phase of the application.
(2) The international phase of the application means the period from
the filing of the application in accordance with the Patent Co
operation Treaty until the national phase of the application begins.
(3) The national phase of the application begins —
(a) when the prescribed period expires, provided —
(i) where the application has been published in
accordance with the Patent Co-operation Treaty in
a language other than English, and the application is
not in English, an English translation of the
application has been filed at the Registry; and
(ii) the prescribed fee has been paid,
by the applicant; or
(b) when the applicant expressly requests the Registrar to
proceed earlier with the national phase of the application,
pays the prescribed fee and complies with any of the
following sub‑paragraphs which is applicable:
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Informal Consolidation – version in force from 1/11/2016(i) where, at the time of the request, the application has
not been published in accordance with the Patent Co
operation Treaty, file at the Registry —
(A) a copy of the application; and
(B) if the copy is not in English, an English
translation of the application;
(ii) where, at the time of the request, the application has
been published in accordance with the Patent Co
operation Treaty in a language other than English,
and the application is not in English, file at the
Registry an English translation of the application.
[2/2007 wef 01/04/2007]
(4) [Deleted by Act 2/2007 wef 01/04/2007]
(5) If the prescribed period expires without the conditions
mentioned in subsection (3)(a) being satisfied, the application shall
be taken to be withdrawn.
(6) Where, during the international phase, the application is
amended in accordance with the Patent Co-operation Treaty, the
amendment shall be treated as made under this Act if, and shall be
disregarded unless —
(a) when the prescribed period expires, where —
(i) the amendment is not in English; and
(ii) if any copy of the amendment has been
communicated to the Registry in accordance with
the Treaty, that copy is in a language other than
English,
an English translation of the amendment has been filed at
the Registry; or
(b) where the applicant expressly requests the Registrar to
proceed earlier with the national phase of the application,
there is then filed at the Registry —
(i) a copy of the amendment, if none has been
communicated to the Registry in accordance with
the Treaty; and
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(ii) an English translation of the amendment, if —
(A) the amendment is not in English; and
(B) where any copy of the amendment has been
communicated to the Registry in accordance
with the Treaty, that copy is in a language other
than English.
[2/2007 wef 01/04/2007]
(7) The Registrar shall on payment of the prescribed fee publish any
translation filed at the Registry under subsection (3) or (6).
Adaptation of provisions in relation to international application
87.—(1) Where an international application for a patent (Singapore)
is accorded a filing date under the Patent Co-operation Treaty —
(a) that date or, if the application is re-dated under the Treaty to
a later date, that later date shall be treated as the date of
filing the application under this Act;
(b) any declaration of priority made under the Treaty shall be
treated as made under section 17(2), and where in
accordance with the Treaty any extra days are allowed,
the period of 12 months referred to in section 17(2A)(a)
shall be treated as altered accordingly; and
[2/2007 wef 01/04/2007]
(c) any statement of the name of the inventor under the Treaty
shall be treated as a statement filed under section 24(2).
(2) If the application, not having been published under this Act, is
published in accordance with the Patent Co-operation Treaty, it shall
be treated, for purposes other than those mentioned in subsection (3),
as published under section 27 when the national phase of the
application begins or, if later, when published in accordance with the
Treaty.
[2/2007 wef 01/04/2007]
(3) For the purposes of sections 56 and 76, the application, not
having been published under this Act, shall be treated as published
under section 27 —
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2005 Ed.
Informal Consolidation – version in force from 1/11/2016(a) if it is published in accordance with the Patent Co-operation
Treaty in English, on its being so published; and
(b) if it is so published in a language other than English —
(i) on the publication of an English translation of the
application in accordance with section 86(7); or
(ii) on the service by the applicant of an English
translation of the specification of the application on
the Government department concerned or, as the case
may be, on the person committing the infringing act.
[2/2007 wef 01/04/2007]
[19/2004]
(4) The reference in subsection (3)(b)(ii) to the service of an English
translation on a Government department or other person is to its being
sent by post or delivered to that department or person.
(5) During the international phase of the application, section 20 does
not apply (determination of questions of entitlement in relation to
application under this Act); but after the end of the international phase
section 20 shall apply.
Evidence of Patent Co-operation Treaty and its instruments
88.—(1) Judicial notice shall be taken of the Patent Co-operation
Treaty and any Gazette, bulletin or journal published under the Treaty.
(2) Any such document mentioned in subsection (1) shall be
admissible as evidence of any instrument or other act thereby
communicated of any institution having functions under the Treaty.
(3) Evidence of any instrument issued under the Patent Co
operation Treaty by any institution or of any document in the
custody of any institution or reproducing in legible form any
information in such custody otherwise than in legible form, or any
entry or extract from such a document, may be given in any legal
proceedings by production of a copy certified as a true copy by an
official of that institution.
(4) Any document purporting to be such a copy as is specified by
subsection (3) shall be received in evidence without proof of the
official position or handwriting of the person signing the certificate.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(5) Evidence of any instrument mentioned in subsection (3) may
also be given in any legal proceedings —
(a) by production of a copy purporting to be printed by the
Government Printers; or
(b) where the instrument is in the custody of a Government
department, by production of a copy certified on behalf of
the department to be a true copy by an officer of the
department generally or specially authorised to do so.
(6) Any document purporting to be such a copy as is mentioned in
subsection (5)(b) of an instrument in the custody of a Government
department shall be received in evidence without proof of the official
position or handwriting of the person signing the certificate, or of his
authority to do so, or of the document being in the custody of the
department.
(7) In this section, “legal proceedings” includes proceedings before
the Registrar.
PART XVII
LEGAL PROCEEDINGS
Proceedings before court or Registrar
89.—(1) Any proceedings before the court relating to patents and
other matters under this Act shall be dealt with by a judge sitting alone
or, if he thinks fit, with one or more scientific advisers selected by the
judge from the panel appointed under subsection (2).
(2) Rules under this Act may make provision for the appointment of
a panel of scientific advisers to assist the court and the Registrar in
proceedings under this Act, for regulating the functions of such
advisers and for remunerating such advisers.
Appeals from Registrar
90.—(1) An appeal shall lie to the court from any decision of the
Registrar under this Act or the rules except any of the following
decisions:
(a) a decision falling within section 25(7);
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Informal Consolidation – version in force from 1/11/2016(b) a decision under section 27(3) to omit any matter from a
specification;
(c) a decision to give directions under section 33(1) or (2);
(d) a decision under the rules which is excepted by the rules
from the right of appeal conferred by this section.
(2) For the purpose of hearing appeals under this section, the court
may consist of one or more judges of the court in accordance with
directions given by or on behalf of the Chief Justice.
(3) An appeal shall not lie to the Court of Appeal from a decision of
the court on appeal from a decision of the Registrar under this Act or
the rules —
(a) except where the decision of the Registrar was given under
section 20, 38, 47, 67, 80, 81 or 83; or
(b) except where the ground of appeal is that the decision of the
court is wrong in law,
but an appeal shall only lie to the Court of Appeal under this section if
leave to appeal is given by the court or the Court of Appeal.
General powers of court
91.—(1) The court may, for the purpose of determining any
question in the exercise of its original or appellate jurisdiction
under this Act, make any order or exercise any other power which the
Registrar could have made or exercised for the purpose of determining
that question.
(2) In all proceedings before the court under this Act, the costs of the
Registrar shall be in the discretion of the court, but the Registrar shall
not be ordered to pay the costs of any other of the parties.
Exercise of Registrar’s discretionary powers
92. Without prejudice to any rule of law, the Registrar shall give any
party to a proceeding before him an opportunity of being heard before
exercising adversely to that party any discretion vested in the
Registrar by this Act or the rules.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016Right of audience in patent proceedings
93.—(1) Any party to any proceedings before the Registrar under
this Act or any treaty to which Singapore is a party may appear before
the Registrar in person or be represented by an advocate and solicitor
or a registered patent agent.
[30/2001]
(2) The Government may be represented by a Legal Service Officer
in any proceedings before the Registrar under this Act or any treaty to
which Singapore is a party.
[20/2009 wef 09/10/2009]
[30/2001]
(3) Without prejudice to the right of counsel to appear before the
court, an advocate and solicitor who is not in actual practice shall,
notwithstanding anything in the Legal Profession Act (Cap. 161),
have the right to appear and be heard on behalf of any party to an
appeal under this Act from the Registrar to the court.
[30/2001]
Extension of privilege for communications with solicitors
relating to patent proceedings
94.—(1) It is hereby declared that the rule of law which confers
privilege from disclosure in legal proceedings in respect of
communications made with an advocate and solicitor or a person
acting on his behalf, or in relation to information obtained or supplied
for submission to an advocate and solicitor or a person acting on his
behalf, for the purpose of any pending or contemplated proceedings
before a court in Singapore extends to such communications so made
for the purpose of any pending or contemplated proceedings before
the Registrar under this Act.
(2) In this section, “legal proceedings” includes proceedings before
the Registrar; and references to “legal proceedings” and “pending or
contemplated proceedings” include references to applications for a
patent and to international applications for a patent.
Privilege for communications with patent agents, etc.
95.—(1) A communication with respect to any matter relating to
patents —
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Informal Consolidation – version in force from 1/11/2016(a) between a person and any of the following:
(i) a registered patent agent or a registered foreign patent
agent;
(ii) a partnership entitled under Part XIX to describe
itself as a firm of patent agents or as a firm of foreign
patent agents; or
(iii) a body corporate entitled under Part XIX to describe
itself as a patent agent or as a foreign patent agent; or
[Act 15 of 2012 wef 14/02/2014]
(b) for the purpose of obtaining, or in response to a request for,
information which a person is seeking for the purpose of
instructing his patent agent or a registered foreign patent
agent,
[Act 15 of 2012 wef 14/02/2014]
is privileged from disclosure in legal proceedings in Singapore in the
same way as a communication between a person and his solicitor or,
as the case may be, a communication for the purpose of obtaining, or
in response to a request for, information which a person seeks for the
purpose of instructing his solicitor.
(2) In this section —
“legal proceedings” includes proceedings before the Registrar;
“patent” includes any patent or other protection for an invention
granted in any country or jurisdiction other than Singapore.
[Act 15 of 2012 wef 14/02/2014]
Costs and expenses in proceedings before Registrar
96.—(1) The Registrar may, in proceedings before him under this
Act, by order award to any party such costs as he may consider
reasonable and direct how and by what parties they are to be paid.
(2) Any costs awarded under this section shall, if a District Court or
a Magistrate’s Court so orders, be recoverable by execution issued
from that Court or otherwise as if they were payable under an order of
that Court.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(3) If any person by whom —
(a) a reference is made to the Registrar under section 20 or 47;
(b) an application is made to the Registrar for the revocation of
a patent; or
(c) notice of opposition is given to the Registrar under
section 38(4), 54(7) or 107(2),
[Act 15 of 2012 wef 14/02/2014]
neither resides nor carries on business in Singapore, the Registrar may
require him to give security for the costs or expenses of the
proceedings and in default of such security being given may treat
the reference, application or notice as abandoned.
[40/95]
Licences granted by order of Registrar
97. Any order by the Registrar for the grant of a licence under this
Act shall, without prejudice to any other method of enforcement, have
effect as if it were a deed, executed by the proprietor of the patent and
all other necessary parties, granting a licence in accordance with the
order.
PART XVIII
OFFENCES
Falsification of register, etc.
98. If a person makes or causes to be made a false entry in any
register kept under this Act, or a writing falsely purporting to be a
copy or reproduction of an entry in any such register, or produces or
tenders or causes to be produced or tendered in evidence any such
writing, knowing the entry or writing to be false, he 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 12 months or to
both.
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Informal Consolidation – version in force from 1/11/2016Unauthorised claim of patent rights
99.—(1) If a person falsely represents that anything disposed of by
him for value is a patented product, he shall, subject to this section, be
guilty of an offence and shall be liable on conviction to a fine not
exceeding $10,000 or to imprisonment for a term not exceeding 12
months or to both.
(2) For the purposes of subsection (1), a person who for value
disposes of an article having stamped, engraved or impressed on it or
otherwise applied to it the word “patent” or “patented” or anything
expressing or implying that the article is a patented product, shall be
taken to represent that the article is a patented product.
(3) Subsection (1) shall not apply where the representation is made
in respect of a product after the patent for that product or, as the case
may be, the process in question has expired or been revoked and
before the end of a period which is reasonably sufficient to enable the
accused to take steps to ensure that the representation is not made or
does not continue to be made.
(4) In proceedings for an offence under this section, it shall be a
defence for the accused to prove that he used due diligence to prevent
the commission of the offence.
Unauthorised claim that patent has been applied for
100.—(1) If a person represents that a patent has been applied for in
respect of any article disposed of for value by him and —
(a) no such application has been made; or
(b) any such application has been refused, withdrawn or treated
as having been abandoned,
he shall, subject to this section, be guilty of an offence and shall be
liable on conviction to a fine not exceeding $10,000 or to
imprisonment for a term not exceeding 12 months or to both.
(2) Subsection (1)(b) shall not apply where the representation is
made or continues to be made before the expiry of a period which
commences with the refusal, withdrawal or abandonment and which is
reasonably sufficient to enable the accused to take steps to ensure that
the representation is not made or does not continue to be made.
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(3) For the purpose of subsection (1), a person who for value
disposes of an article having stamped, engraved or impressed on it or
otherwise applied to it the words “patent applied for” or “patent
pending”, or anything expressing or implying that a patent has been
applied for in respect of the article, shall be taken to represent that a
patent has been applied for in respect of it.
(4) In any proceedings for an offence under this section, it shall be a
defence for the accused to prove that he used due diligence to prevent
the commission of the offence.
Misuse of title “Registry of Patents”
101. If any person uses on his place of business, or on any document
issued by him, or otherwise, the words “Registry of Patents” or any
other words suggesting that his place of business is, or is officially
connected with, the Registry of Patents, he 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 12 months or to
both.
Offences by corporations and partnerships
102.—(1) Where an offence under this Act which has been
committed by a body corporate is proved to have been committed
with the consent or connivance of, or to be attributable to any neglect
on the part of, a director, manager, secretary or any similar officer of
the body corporate, or any person who was purporting to act in any
such capacity, he, as well as the body corporate, shall be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.
(2) Where the affairs of a body corporate are managed by its
members, subsection (1) shall apply in relation to the acts and defaults
of a member in connection with his functions of management as if he
were a director of the body corporate.
(3) Proceedings for an offence under this Act alleged to have been
committed by a partnership shall be brought in the name of the
partnership and not in that of the partners; but without prejudice to any
liability of the partners under subsection (5).
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2005 Ed.
Informal Consolidation – version in force from 1/11/2016(4) A fine imposed on a partnership on its conviction in such
proceedings shall be paid out of the partnership assets.
(5) Where a partnership is guilty of an offence under this Act, every
partner, other than a partner who is proved to have been ignorant of or
to have attempted to prevent the commission of the offence, is also
guilty of the offence and liable to be proceeded against and punished
accordingly.
Composition of offences
103.—(1) The Registrar or any person authorised by him in writing
may, in his discretion, compound any offence under this Act which is
prescribed as a compoundable offence by collecting from a person
reasonably suspected of having committed the offence a sum of
money not exceeding $2,000.
[3/2001]
(2) The Office may, with the approval of the Minister, make
regulations to prescribe the offences which may be compounded.
[3/2001]
(3) On payment of such sum of money, no further proceedings shall
be taken against such person in respect of the offence.
[3/2001]
(4) All sums collected under this section shall be paid into the funds
of the Office.
[3/2001]
PART XIX
PATENT AGENTS AND FOREIGN PATENT AGENTS
[Act 15 of 2012 wef 14/02/2014]
Registration of patent agents and foreign patent agents
104.—(1) The Minister may make rules for the registration of
individuals as patent agents or as foreign patent agents.
[30/2001]
[Act 15 of 2012 wef 14/02/2014]
(2) Without prejudice to the generality of subsection (1), the rules
may provide —
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(a) for the keeping, by such person as the Minister may
determine, of a register of patent agents and a register of
foreign patent agents;
[Act 15 of 2012 wef 14/02/2014]
(b) for the form and manner of application for registration as a
patent agent or as a foreign patent agent, the qualifications
and other requirements for registration, the fees payable for
registration, and the conditions of registration;
[Act 15 of 2012 wef 14/02/2014]
(c) for the issue of practising certificates to registered patent
agents;
(d) for the correction of errors and updating of entries in the
register of patent agents and the register of foreign patent
agents; and
[Act 15 of 2012 wef 14/02/2014]
(e) for transitional matters in relation to the registration of
individuals as patent agents or as foreign patent agents, and
exclude or vary the operation of this Act in relation to such
transitional matters.
[30/2001]
[Act 15 of 2012 wef 14/02/2014]
(3) The rules may make provision to regulate the professional
conduct of registered patent agents, registered foreign patent agents
and the practices of registered patent agents and registered foreign
patent agents and, for that purpose, may make provision for and in
relation to all or any of the following:
(a) making complaints against registered patent agents and
registered foreign patent agents and hearing and deciding
upon such complaints;
[Act 15 of 2012 wef 14/02/2014]
(b) imposing penalties on registered patent agents and
registered foreign patent agents, including issuing a
reprimand, and suspending or cancelling registration;
[Act 15 of 2012 wef 14/02/2014]
(c) summoning witnesses;
(d) receiving evidence from persons on oath or affirmation;
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2005 Ed.
Informal Consolidation – version in force from 1/11/2016(e) administering oaths or affirmations to persons giving
evidence;
(f) requiring persons to produce documents or articles;
(g) restoring any registration that has been cancelled and lifting
the suspension imposed on any registration.
[30/2001]
[Act 15 of 2012 wef 14/02/2014]
(4) The rules may provide that a contravention of the rules shall be
an offence and may provide penalties not exceeding a fine of $5,000
or imprisonment for a term not exceeding 12 months or to both.
[30/2001]
Persons entitled to act as patent agents, etc.
105.—(1) An individual shall not carry on a business, practise or act
as a patent agent unless he is a registered patent agent, or an advocate
and solicitor, who has in force a practising certificate.
[30/2001]
(2) A partnership shall not carry on a business, practise or act as
patent agents unless at least one partner is a registered patent agent, or
an advocate and solicitor, who has in force a practising certificate.
[30/2001]
(3) A body corporate shall not carry on a business, practise or act as
a patent agent unless at least one director is a registered patent agent,
or an advocate and solicitor, who has in force a practising certificate.
[30/2001]
(4) For the purposes of this section and section 105A, a person is
taken to carry on a business, practise or act as a patent agent if, and
only if, the person does, or undertakes to do, on behalf of someone
else, any of the following in Singapore for gain:
(a) applying for or obtaining patents at the Registry or any
other place;
[Act 15 of 2012 wef 14/02/2014]
(b) preparing specifications or other documents for the
purposes of this Act or the patent law of another country; or
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(c) giving advice (other than advice of a scientific or technical
nature) about the validity, or infringement, of patents.
[30/2001]
[Act 15 of 2012 wef 14/02/2014]
(5) An individual shall not —
(a) carry on a business under any name or other description
which contains the words “patent agent” or “patent
attorney”; or
[Act 15 of 2012 wef 14/02/2014]
(b) in the course of a business otherwise describe himself, hold
himself out or permit himself to be described or held out as
a “patent agent” or “patent attorney”,
[Act 15 of 2012 wef 14/02/2014]
unless he is a registered patent agent who has in force a practising
certificate.
[30/2001]
(6) A partnership shall not —
(a) carry on a business under any name or other description
which contains the words “patent agent” or “patent
attorney”; or
[Act 15 of 2012 wef 14/02/2014]
(b) in the course of a business otherwise describe itself, hold
itself out or permit itself to be described or held out as a firm
of “patent agents” or “patent attorneys”,
[Act 15 of 2012 wef 14/02/2014]
unless at least one partner is a registered patent agent who has in force
a practising certificate.
[30/2001]
(7) A body corporate shall not —
(a) carry on a business under any name or other description
which contains the words “patent agent” or “patent
attorney”; or
[Act 15 of 2012 wef 14/02/2014]
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2005 Ed.
Informal Consolidation – version in force from 1/11/2016(b) in the course of a business otherwise describe itself, hold
itself out or permit itself to be described or held out as a
“patent agent” or “patent attorney”,
[Act 15 of 2012 wef 14/02/2014]
unless at least one director is a registered patent agent who has in force
a practising certificate.
[30/2001]
(8) Any person who contravenes 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 12 months or to
both.
[30/2001]
(9) Where subsection (5), (6) or (7) would be contravened by the use
of the words “patent agent” or “patent attorney” in reference to an
individual, a partnership or a body corporate, it is equally contravened
by the use of any other expression in reference to that person, or that
person’s business or place of business, which is likely to be
understood as indicating that that person is entitled to be described
as a “patent agent” or “patent attorney”.
[Act 15 of 2012 wef 14/02/2014]
(10) Where an individual’s employer does not carry on a business,
practise or act as a patent agent or as a foreign patent agent, the
individual does not contravene subsection (1) in respect of anything
done, or undertaken to be done, by the individual for his employer in
his capacity as employee of his employer.
[2/2007 wef 01/04/2007]
[Act 15 of 2012 wef 14/02/2014]
(10A) Where —
(a) an individual’s employer is a member of a related company
group;
(b) the individual’s employer does not carry on a business,
practise or act as a patent agent or as a foreign patent agent;
and
[Act 15 of 2012 wef 14/02/2014]
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016(c) every other member of the related company group does not
carry on a business, practise or act as a patent agent or as a
foreign patent agent,
[Act 15 of 2012 wef 14/02/2014]
the individual does not contravene subsection (1) in respect of
anything done, or undertaken to be done, by the individual for that
other member of the related company group in his capacity as
employee of his employer.
[2/2007 wef 01/04/2007]
(11) A Legal Service Officer does not commit an offence against
subsection (1) in respect of anything done, or undertaken to be done,
by him on behalf of the Government.
[20/2009 wef 09/10/2009]
[30/2001]
(12) A body corporate that is a member of a related company group
does not contravene subsection (3) in respect of anything done, or
undertaken to be done, by the body corporate for another member of
the group.
[30/2001]
(13) This section shall not be construed as prohibiting an advocate
and solicitor from taking part in proceedings relating to patents and
applications for patents and, in particular, shall not derogate from
section 93 as it applies to advocates and solicitors.
[30/2001]
(14) No offence is committed under section 33 of the Legal
Profession Act (Cap. 161) by any person by reason only of the
preparation by him of a document (other than a deed) for use in
proceedings before the Registrar in relation to any patent or
application for a patent.
[30/2001]
(15) In this section —
“director”, in relation to a body corporate whose affairs are
managed by its members, means any member of the body
corporate;
“patent” includes any patent or other protection for an invention
granted in any country or jurisdiction other than Singapore;
[Act 15 of 2012 wef 14/02/2014]
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Informal Consolidation – version in force from 1/11/2016“practising certificate” means —
(a) in relation to a registered patent agent, a practising
certificate issued to him under rules made under
section 104; or
(b) in relation to an advocate and solicitor, a practising
certificate issued to him under section 25 of the Legal
Profession Act; and
“related company group” means a group of 2 or more
corporations within the meaning of the Companies Act
(Cap. 50) which are related to each other in accordance
with section 6 of that Act.
[30/2001]
Foreign patent agents
105A.—(1) Notwithstanding anything in section 105, an individual
may carry on a business, practise or act as a foreign patent agent if, and
only if, he is a registered foreign patent agent.
(2) Notwithstanding anything in section 105, a partnership may
carry on a business, practise or act as foreign patent agents if, and only
if, at least one partner thereof is a registered foreign patent agent.
(3) Notwithstanding anything in section 105, a body corporate may
carry on a business, practise or act as a foreign patent agent if, and
only if, at least one director thereof is a registered foreign patent agent.
(4) For the purposes of section 105 and this section, a person is
taken to carry on a business, practise or act as a foreign patent agent if,
and only if, the person does, or undertakes to do, on behalf of someone
else, any of the following in Singapore for gain:
(a) applying for or obtaining patents at any place other than the
Registry;
(b) preparing specifications or other documents for the
purposes of —
(i) the patent law of any country other than Singapore; or
(ii) an international application for a patent which, on its
date of filing, designates any country other than
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016Singapore (whether or not it also designates
Singapore); or
(c) giving advice (other than advice of a scientific or technical
nature) about the validity, or infringement, of patents under
the patent law of any country other than Singapore.
(5) Except as permitted under subsections (1) to (4), a registered
foreign patent agent —
(a) shall not carry on a business, practise or act as a patent
agent; and
(b) shall not purport to carry on a business, practise or act as a
patent agent.
(6) Notwithstanding anything in section 105, if an individual is a
registered foreign patent agent, he —
(a) may carry on a business under any name or other
description which contains the words “foreign patent
agent” or “foreign patent attorney”; and
(b) may in the course of a business otherwise describe himself,
hold himself out or permit himself to be described or held
out as a “foreign patent agent” or “foreign patent attorney”.
(7) Notwithstanding anything in section 105, if at least one partner
of a partnership is a registered foreign patent agent, the partnership —
(a) may carry on a business under any name or other
description which contains the words “foreign patent
agent” or “foreign patent attorney”; and
(b) may in the course of a business otherwise describe itself,
hold itself out or permit itself to be described or held out as
a firm of “foreign patent agents” or “foreign patent
attorneys”.
(8) Notwithstanding anything in section 105, if at least one director
of a body corporate is a registered foreign patent agent, the body
corporate —
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description which contains the words “foreign patent
agent” or “foreign patent attorney”; and
(b) may in the course of a business otherwise describe itself,
hold itself out or permit itself to be described or held out as
a “foreign patent agent” or “foreign patent attorney”.
(9) No person (other than an individual, a partnership and a body
corporate referred to in subsections (6), (7) and (8), respectively)
shall —
(a) carry on a business under any name or other description
which contains the words “foreign patent agent” or “foreign
patent attorney”; or
(b) describe himself, hold himself out or permit himself to be
described or held out as a “foreign patent agent” or “foreign
patent attorney”.
(10) Any person who contravenes subsection (5) or (9) 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 12
months or to both.
(11) Where subsection (9) would be contravened by the use of the
words “foreign patent agent” or “foreign patent attorney” in reference
to an individual, a partnership or a body corporate, it is equally
contravened by the use of any other expression in reference to that
person, or that person’s business or place of business, which is likely
to be understood as indicating that that person is entitled to be
described as a “foreign patent agent” or “foreign patent attorney”.
(12) In this section —
“director”, in relation to a body corporate whose affairs are
managed by its members, means any member of the body
corporate;
“patent” includes any patent or other protection for an invention
granted in any country or jurisdiction other than Singapore.
[Act 15 of 2012 wef 14/02/2014]
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016PART XX
MISCELLANEOUS AND GENERAL
Immunity of Office, its officers and Examiners
106. The Office, any officer of the Registry and any Examiner shall
not —
(a) be taken to warrant the validity of any patent granted under
this Act or any treaty to which Singapore is a party;
(b) incur any liability by reason of or in connection with any
examination or investigation required or authorised by this
Act or any such treaty or any report or other proceedings
consequent on any such examination or investigation; or
(c) incur any liability by reason of an incorrect entry in the
register of patent agents or the register of foreign patent
agents maintained under Part XIX.
[Act 15 of 2012 wef 14/02/2014]
[3/2001]
Correction of errors in patents and applications
107.—(1) The Registrar may, subject to any provision of the rules,
correct any error of translation or transcription, clerical error or
mistake in any specification of a patent or application for a patent or
any document filed in connection with a patent or such an application.
(2) Where the Registrar is requested to correct such an error or
mistake, any person may in accordance with the rules give the
Registrar notice of opposition to the request and the Registrar shall
determine the matter.
Information about patent applications and patents, and
inspection of documents
108.—(1) After publication of an application for a patent in
accordance with section 27, the Registrar shall, on request being
made to him in the prescribed manner and on payment of the
prescribed fee (if any), give the person making the request such
information, and permit him to inspect such documents, relating to the
application or to any patent granted in pursuance of the application as
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restriction.
(2) Subject to this section, until an application for a patent is so
published, documents or information constituting or relating to the
application shall not, without the consent of the applicant, be
published or communicated to any person by the Registrar.
(3) Subsection (2) shall not prevent —
(a) the Registrar from publishing or communicating to others
any bibliographic information about an unpublished
application for a patent; or
(b) the Minister from inspecting or authorising the inspection
of an application for a patent or any connected document
under section 33(5).
(4) Where a person is notified that an application for a patent has
been made, but not published in accordance with section 27, and that
the applicant will, if the patent is granted, bring proceedings against
that person in the event of his doing an act specified in the notification
after the application is so published, that person may make a request
under subsection (1), notwithstanding that the application has not
been published, and that subsection shall apply accordingly.
(5) Where an application for a patent is filed, but not published, and
a new application is filed in respect of any part of the subject-matter of
the earlier application (either in accordance with the rules or in
pursuance of an order under section 20) and is published, any person
may make a request under subsection (1) relating to the earlier
application and on payment of the prescribed fee the Registrar shall
give him such information and permit him to inspect such documents
as could have been given or inspected if the earlier application had
been published.
(6) The publication of the whole or part of a specification of a patent
or an application for a patent shall not constitute an infringement of
any copyright subsisting under the Copyright Act (Cap. 63) in any
literary or artistic work.
109. [Repealed by Act 16 of 2016 wef 10/06/2016]
2005 Ed.
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CAP. 221
124
Informal Consolidation – version in force from 1/11/2016Extension of time
110.—(1) The Minister may, after consulting with the Office, make
rules to provide for the extension of any period of time specified for
the doing of any act in relation to —
(a) any application for or grant of a patent;
(b) any proceedings before the Registrar under this Act or the
rules; or
(c) any other matter under this Act or the rules.
[19/2004]
(2) The rules may contain such provision as the Minister thinks fit
regulating the circumstances in which such an extension may be
granted and may also provide for the protection and compensation of
persons affected by the grant of extension of time and may authorise
the Registrar to grant an extension of time notwithstanding that the
period has already expired.
Hours of business and excluded days
111.—(1) The Registrar may issue practice directions to specify —
(a) the hours of business of the Registry; and
(b) the days which are to be treated as excluded days.
[19/2004]
(2) The Minister may prescribe the effect of doing any business
under this Act —
(a) on any day after the hours of business of the Registry; or
(b) on any day which is an excluded day.
[19/2004]
(3) For the purposes of subsections (1) and (2) —
(a) different hours of business may be specified for different
classes of business;
(b) different excluded days may be specified for different
classes of business; and
(c) different effects of doing business —
(i) outside the hours of business of the Registry; or
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may be prescribed for different classes of business.
[19/2004]
Government’s right to sell forfeited articles
112. Nothing in this Act shall affect the right of the Government or
any person deriving title, directly or indirectly, from the Government
to dispose of or use articles forfeited under the laws relating to
customs or excise.
Extent of invention
113.—(1) For the purposes of this Act, an invention for a patent for
which an application has been made or for which a patent has been
granted shall, unless the context otherwise requires, be taken to be that
specified in a claim of the specification of the application or patent, as
the case may be, as interpretated by the description and any drawings
contained in that specification, and the extent of the protection
conferred by a patent or application for a patent shall be determined
accordingly.
(2) It is hereby declared for the avoidance of doubt that where more
than one invention is specified in any such claim, each invention may
have a different priority date under section 17.
Availability of samples of micro-organisms
114.—(1) Provision may be made by rules prescribing the
circumstances in which the specification of an application for a
patent, or of a patent, for an invention which requires for its
performance the use of a micro-organism is to be treated as disclosing
the invention in a manner which is clear enough and complete enough
for the invention to be performed by a person skilled in the art.
(2) The rules may in particular require the applicant or patentee —
(a) to take such steps as may be prescribed for the purposes of
making available to the public samples of the micro
organism; and
(b) not to impose or maintain restrictions on the uses to which
such samples may be put, except as may be prescribed.
2005 Ed.
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126
Informal Consolidation – version in force from 1/11/2016(3) The rules may provide that, in such cases as may be prescribed,
samples need only be made available to such persons or descriptions
of persons as may be prescribed.
(4) The rules may identify a description of persons by reference to
whether the Registrar has given his certificate as to any matter.
(5) An application for revocation of the patent under
section 80(1)(c) may be made if any of the requirements of the
rules ceases to be complied with.
Rules
115.—(1) The Minister may, after consulting with the Office, make
such rules as he thinks expedient for regulating the business of the
Registry in relation to patents and applications for patents (including
international applications for patents) and for regulating all matters
placed by this Act under the direction or control of the Registrar.
[3/2001]
(2) Without prejudice to the generality of subsection (1), the rules
may make provision —
(a) prescribing the contents of applications for patents and
other documents which may be filed at the Registry and
requiring copies to be furnished of any such documents;
(b) regulating the procedure to be followed in connection with
any proceeding or other matter before the Registrar or the
Registry and authorising the rectification of irregularities of
the procedure;
(c) requiring fees to be paid in connection with any such
proceeding or matter or in connection with the provision of
any service by the Registry and providing for the remission
of fees in the prescribed circumstances;
(d) regulating the mode of giving evidence in any such
proceeding and empowering the Registrar to compel the
attendance of witnesses and the discovery of and
production of documents;
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of patents and any other prescribed matters including any
prescribed steps in any such proceeding;
(f) providing for the appointment of scientific advisers to assist
the court and the Registrar in any proceeding before it or
him and for the remuneration of such advisers;
(g) prescribing time limits for doing anything required to be
done in connection with any such proceeding by this Act or
the rules;
(h) giving effect to the right of an inventor of an invention to be
mentioned in an application for a patent for the invention;
(i) providing for the publication and sale of documents in the
Registry and of information about such documents;
(j) prescribing, in relation to international applications, matters
necessary or convenient to be prescribed for carrying out or
giving effect to the Patent Co-operation Treaty;
(k) excluding or varying the operation of the provisions of this
Act in relation to international applications and applications
for patents made under section 117;
(l) requiring and regulating the translation of documents in
connection with any application for a patent and the filing
and authentication of any such translations;
(m) prescribing the scale of costs for proceedings before the
Registrar; and
(n) prescribing anything that is required or permitted to be
prescribed under this Act.
[30/2001; 19/2004]
(3) The rules may make different provisions for different cases.
(4) The rules shall provide for the publication by the Registrar of a
journal (referred to in this Act as the journal) containing particulars of
applications for and grants of patents, particulars of application for
and the registration of patent agents and foreign patent agents, and of
other proceedings under this Act.
[Act 15 of 2012 wef 14/02/2014]
2005 Ed.
Patents
CAP. 221
128
Informal Consolidation – version in force from 1/11/2016(5) The rules may require or authorise the Registrar to make
arrangements for the publication of reports of cases relating to patents
decided by him or by any court or body whether in Singapore or
elsewhere.
Forms and directions of Registrar
115A. The Minister may make rules for the publication by the
Registrar of —
(a) the forms to be used for any purpose relating to —
(i) any application for or grant of a patent;
(ii) any proceedings before the Registrar under this Act
or the rules; or
(iii) any other matter under this Act or the rules; and
(b) the practice directions issued by the Registrar.
[19/2004]
Fees
116.—(1) There shall be paid in respect of applications, grants,
registrations and other matters under this Act such fees as may be
prescribed.
(2) All fees collected shall be paid into the funds of the Office.
(3) Subsection (2) shall not apply to fees paid under section 85
which are to be forwarded to the International Bureau.
[Act 15 of 2012 wef 14/02/2014]
Amendment of Schedule
116A.—(1) The Minister may, by order published in the Gazette,
amend the Schedule.
(2) The Minister may prescribe in an order amending the Schedule
such transitional provisions as may be necessary or expedient.
[Act 4 of 2014 wef 10/03/2014]
Transitional provisions
117.—(1) Where an application has been made under section 3 of
the repealed Registration of United Kingdom Patents Act (Cap. 271,
129
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certificate of registration under section 5 of that Act after that date as if
that Act had not been repealed.
(2) Where a patent has been granted under the United Kingdom
Patents Act 1977 not earlier than 36 months before, or not later than
12 months after, 23rd February 1995, the proprietor of the patent may,
within a period of 24 months from that date, make an application for a
certificate of registration and the Registrar may issue a certificate on
such application as if the Registration of United Kingdom Patents Act
had not been repealed.
(3) Any certificate of registration issued under section 5 of the
repealed Registration of United Kingdom Patents Act and is in force
immediately before 23rd February 1995, or issued after that date by
virtue of subsection (1) or (2) shall continue in force and the patent to
which the certificate relates shall be treated for the purposes of this Act
as if it were a patent under this Act granted in pursuance of an
application made under this Act and the proprietor of the patent shall
accordingly have the same rights, remedies, privileges and obligations
and subject to the same conditions (including the payment of any fee
prescribed under section 36), as the proprietor of a patent under this
Act subject to the following modifications:
(a) the term of the patent shall date from the date of the patent
in the United Kingdom and the patent shall subject to this
Act remain in force for 20 years from that date and only so
long as the patent has not been revoked in the United
Kingdom before 17th October 2001;
(b) such other modifications as may be prescribed.
[30/2001]
(4) A patent to which subsection (3) applies shall be treated for the
purposes of sections 14(3) and 17(2) as being granted on an
application with a date of filing under this Act and published under
this Act.
(5) The date of filing an application for a patent as mentioned in
subsection (4), and the priority date of an invention or other matter
contained in that application, shall be determined in accordance with
2005 Ed.
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CAP. 221
130
Informal Consolidation – version in force from 1/11/2016the provisions of the United Kingdom Patents Act 1949 or 1977, as
the case may be.
(6) Where an act is commenced before 23rd February 1995 and
continues to be done on or after that date, then, if it would not, under
the law in force immediately before that date, amount to an
infringement of a patent or the privileges or rights arising under a
specification, its continuance on or after that date shall not amount to
the infringement of that patent or those privileges or rights.
THE SCHEDULE
Section 2(1)
SUBSTANCES WHICH ARE NOT PHARMACEUTICAL PRODUCTS
1. In this Schedule, unless the context otherwise requires —
“Chinese proprietary medicine” means any medicinal product used in the
system of therapeutics according to the traditional Chinese method, that is
to say, any medicinal product —
(a) which has been manufactured into a finished product;
(b) which contains one or more active substances derived wholly
from any plant, animal or mineral, or any combination thereof;
and
(c) which is, or all of the active substances of which are, described
in the current edition of “A Dictionary of Chinese Pharmacy” <<
中药大辞典>> or “The Chinese Herbal Medicine Materia
Medica” <<本草纲目>>,
but does not include —
(i) any medicinal product to be administered by injection into a
human body; or
(ii) any medicinal product which contains as an active substance any
chemically-defined isolated constituent of any plant, animal or
mineral, or any combination thereof;
“current edition”, in relation to any publication which describes a Chinese
proprietary medicine, means an edition which is current at the time the
Chinese proprietary medicine in question is sold or supplied, and includes
any amendment, addition or deletion made to that edition of the
publication up to that time;
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Informal Consolidation – version in force from 1/11/2016THE SCHEDULE — continued
“homoeopathic medicine” means any substance used in the system of
therapeutics in which a disease is treated by the use of minute amounts of
one or more substances which, in their undiluted forms, are capable of
producing in a healthy human being symptoms similar to those of the
disease being treated;
“medicated oil or balm” means any external medicated embrocation,
medicated cream, ointment or inhalant —
(a) which is used mainly for soothing purposes; and
(b) which contains one or more of the following substances as an
active ingredient or as active ingredients:
(i) any essential oil;
(ii) any fixed oil derived from a plant;
(iii) methyl salicylate;
(iv) menthol;
(v) camphor;
(vi) peppermint;
“quasi-medicinal product” means —
(a) any anti-dandruff preparation;
(b) any medicated cosmetic product for the treatment of pimples or
acne, except any preparation containing etretinate or 13-cis
retinoic acid;
(c) any medicated soap;
(d) any sweet for relieving coughs or throat irritations;
(e) any medicated plaster;
(f) any sunscreen or suntan preparation;
(g) any medicated beverage;
(h) any vitamin or nutritional preparation from any plant, animal or
mineral, or any combination thereof; or
(i) any medicated toothpaste;
“traditional medicine” means any medicinal product consisting of one or
more substances derived from any plant, animal or mineral, or any
combination thereof, but does not include the following:
2005 Ed.
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Informal Consolidation – version in force from 1/11/2016THE SCHEDULE — continued
(a) any medicinal product to be administered by injection into a
human body;
(b) any vaccine to be administered to a human being;
(c) any product derived from human blood;
(d) any item specified in the Poisons List in the Schedule to the
Poisons Act (Cap. 234);
(e) any Chinese proprietary medicine.
[Act 4 of 2014 wef 10/03/2014]
2. For the purposes of this Act, “pharmaceutical product” does not include —
(a) any traditional medicine;
(b) any homoeopathic medicine;
(c) any quasi-medicinal product;
(d) any raw material which is used as an ingredient in the preparation or
manufacture of any medicinal product; or
(e) any medicated oil or balm.
3. For the avoidance of doubt, for the purposes of this Act, “pharmaceutical
product” does not include any substance —
(a) which is a type of food, a food additive or a food supplement; or
(b) which occurs naturally in any plant, animal or mineral.
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Informal Consolidation – version in force from 1/11/2016LEGISLATIVE SOURCE KEY
PATENTS ACT
(CHAPTER 221)
Notes:—Unless otherwise stated, the abbreviations used in the references to other
Acts and statutory provisions are references to the following Acts and statutory
provisions. The references are provided for convenience and are not part of the Act:
UK Patents 1977 : UK Patents Act 1977 (c. 37)
Aust. Patents 1990 : Australian Patents Act 1990 (Act No. 83 of
1990)
Informal Consolidation – version in force from 1/11/2016LEGISLATIVE HISTORY
PATENTS ACT
(CHAPTER 221)
This Legislative History is provided for the convenience of users of the Patents
Act. It is not part of the Patents Act.
1. Act 21 of 1994 — Patents Act 1995
Date of First Reading : 23 February 1994
(Bill No. 4/94 published on
24 February 1994)
Date of Second Reading : 21 March 1994
Referred to Select Committee : 22 August 1994
Date of Third Reading : 31 October 1994
Date of commencement : 23 February 1995 (except
Part XIX, section 105 (7))
2. 1995 Revised Edition — Patents Act
Date of operation : 15 March 1995
3. Act 40 of 1995 — Patents (Amendment) Act 1995
Date of First Reading : 27 September 1995
(Bill No. 31/95 published on
28 September 1995)
Date of Second and Third Readings : 1 November 1995
Date of commencement : 1 January 1996
4. Act 3 of 2001 — Intellectual Property Office of Singapore Act
(Consequential amendments made by)
Date of First Reading : 12 January 2001
(Bill No. 1/2001 published on
13 January 2001)
Date of Second and Third Readings : 22 February 2001
Date of commencement : 1 April 2001
5. Act 30 of 2001 — Patents (Amendment) Act 2001
Date of First Reading : 25 July 2001
(Bill No. 28/2001 published on
26 July 2001)
Informal Consolidation – version in force from 1/11/2016ii
Date of Second and Third Readings : 13 August 2001
Date of commencement : 17 October 2001 (except
sections 6 and 14)
6. Act 30 of 2001 — Patents (Amendment) Act 2001
Date of First Reading : 25 July 2001
(Bill No. 28/2001 published on
26 July 2001)
Date of Second and Third Readings : 13 August 2001
Date of commencement : 2 February 2002 (section 14)
7. Act 30 of 2001 — Patents (Amendment) Act 2001
Date of First Reading : 25 July 2001
(Bill No. 28/2001 published on
26 July 2001)
Date of Second and Third Readings : 13 August 2001
Date of commencement : 25 February 2002 (section 6)
8. 2002 Revised Edition — Patents Act
Date of operation : 31 July 2002
9. G. N. No. S 622/2002 — Revised Edition of the Laws (Patents Act)
(Rectification) Order 2002
Date of commencement : 31 July 2002
10. Act 19 of 2004 — Patents (Amendment) Act 2004
Date of First Reading : 19 May 2004
(Bill No. 19/2004 published on
20 May 2004)
Date of Second and Third Readings : 15 June 2004
Date of commencement : 1 July 2004
11. 2005 Revised Edition — Patents Act
Date of operation : 31 July 2005
12. Act 2 of 2007 — Statutes (Miscellaneous Amendment) Act 2007
Date of First Reading : 8 November 2006
(Bill No. 14/2006 published on
8 November 2006)
Date of Second and Third Readings : 22 January 2007
Informal Consolidation – version in force from 1/11/2016iii
Date of commencement : 1 April 2007
13. Act 18 of 2008 — Patents (Amendment) Act 2008
Date of First Reading : 21 July 2008
(Bill No. 15/2008 published on
21 July 2008)
Date of Second and Third Readings : 25 August 2008
Date of commencement : 1 December 2008
14. Act 20 of 2009 — Legal Profession (Amendment) Act 2009
Date of First Reading : 20 July 2009
(Bill No. 13/2009 published on
20 July 2009)
Date of Second and Third Readings : 18 August 2009
Date of commencement : 9 October 2009
15. Act 15 of 2012 — Patents (Amendment) Act 2012
Date of First Reading : 14 May 2012 (Bill No. 13/2012
published on 14 May 2012)
Date of Second and Third Readings : 10 July 2012
Date of commencement : 8 April 2013
16. Act 15 of 2012 — Patents (Amendment) Act 2012
Date of First Reading : 14 May 2012 (Bill No. 13/2012
published on 14 May 2012)
Date of Second and Third Readings : 10 July 2012
Date of commencement : 14 February 2014
17. Act 4 of 2014 — Statutes (Miscellaneous Amendments) Act 2014
Date of First Reading : 11 November 2013 (Bill No.
25/2013 published on
11 November 2013)
Date of Second and Third Readings : 21 January 2014
Date of commencement : 10 March 2014
18. Act 4 of 2014 — Statutes (Miscellaneous Amendments) Act 2014
Date of First Reading : 11 November 2013 (Bill No.
25/2013 published on
11 November 2013)
Informal Consolidation – version in force from 1/11/2016iv
Date of Second and Third Readings : 21 January 2014
Date of commencement : 30 April 2014
19. Act 16 of 2016 — Statutes (Miscellaneous Amendments) Act 2016
Date of First Reading : 14 April 2016 (Bill No. 15/2016
published on 14 April 2016)
Date of Second and Third Readings : 9 May 2016
Date of commencement : 10 June 2016
20. Act 15 of 2012 — Patents (Amendment) Act 2012
Date of First Reading : 14 May 2012 (Bill No. 13/2012
published on 14 May 2012)
Date of Second and Third Readings : 10 July 2012
Date of commencement : 1 November 2016
Informal Consolidation – version in force from 1/11/2016COMPARATIVE TABLE
PATENTS ACT
(CHAPTER 221)
The following provisions in the 2002 Revised Edition of the Patents Act have
been renumbered by the Law Revision Commissioners in this 2005 Revised
Edition.
This Comparative Table is provided for the convenience of users. It is not part of
the Patents Act.
2005 Ed. 2002 Ed.
2—(1), (2) and (3)
2—(1), (2) and (3)
(4) (3A)
(5) (4)
(6) (5)
(7) (6)
(8) (7)
31—(1)
31—(1)
(2) (1A)
(3) (2)
55—(1), (2), (3), (4), (5) and (6)
55—(1), (2), (3), (4), (5) and (6)
—
(7) (Deleted by Act 19/2004)
—
(8) (Deleted by Act 19/2004)
—
(9) (Deleted by Act 19/2004)
(7) (10)
(8) (11)
—
(12) (Deleted by Act 19/2004)
60—(1) and (2)
60—(1) and (2)
—
(3) (Deleted by Act 19/2004)
66—(1) and (2)
66—(1) and (2)
(3) (2A)
(4) (2B)
Informal Consolidation – version in force from 1/11/2016ii
2005 Ed. 2002 Ed.
(5) (2C)
(6) (3)
Informal Consolidation – version in force from 1/11/2016COMPARATIVE TABLE
PATENTS ACT
(CHAPTER 221)
The following provisions in the 1995 Revised Edition of the Patents Act were
renumbered by the Law Revision Commissioners in the 2002 Revised Edition.
This Comparative Table is provided for the convenience of users. It is not part of
the Patents Act.
2002 Ed. 1995 Ed.
1 1—(1) and (2)
27—(1) and (2)
27—(1)
(3) (2)
28—(2) and (3)
28—(2)
29—(3) and (4)
29—(3)
(5) (4)
(6) (5)
(7) (6)
(8) and (9) (7)
(10) and (11) (8)
(12) (9)
35—(1)
35—(1) and (2)
(2) (3)
39—(2) and (3)
39—(2)
(4) (3)
(5) (4)
(6) (5)
(7) (6)
(8) (7)
(9) (8)
(10) and (11) (9)
(12) (10)
Informal Consolidation – version in force from 1/11/20162002 Ed. 1995 Ed.
(13) (11)
(14) (12)
42—(6) and (7)
42—(6)
(8) (7)
(9) (8)
48—(5) and (6)
48—(5)
Omitted
50—(1)
50—(1) (2)
(2) (3)
(3) (4)
(4) (5)
Omitted
52—(5)
52—(5) (6)
53—(5) and (6)
53—(5)
(7) (6)
54—(4) and (5)
54—(4)
(6) (5)
(7) and (8) (6)
Omitted
56
Omitted
57
Omitted
58
Omitted
59
Omitted
60
56 61
Omitted
62
57 63
Omitted
63—(3)
58 64
ii
Informal Consolidation – version in force from 1/11/20162002 Ed. 1995 Ed.
59 65
60 65A
61 65B
62 65C
63
Not in use
64
Not in use
65
Not in use
Omitted
67—(6)
69—(1) and (2)
69—(1)
(3) (2)
(4) (3)
71—(1) and (2)
71—(1)
(3) (2)
(4) (3)
76—(1) and (2)
76—(1)
(3) (2)
(4) (3)
88—(1) and (2)
88—(1)
(3) and (4) (2)
(5) and (6) (3)
(7) (4)
Omitted
89
89 90
90 91
91 92
92 93
93 94
94 95
iii
Informal Consolidation – version in force from 1/11/20162002 Ed. 1995 Ed.
95 96
96 97
97 98
98 99
99 100
100 101
101 102
102 103
103 103A
114—(3) and (4)
114—(3)
(5) (4)
116 115A
117 116
Omitted
116—(6)
117—(6) (7)
Omitted
(8)
Omitted
(9)
iv
Informal Consolidation – version in force from 1/11/2016
