Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III PATENTABILITY

Part IV RIGHT TO APPLY FOR AND OBTAIN PATENT

Part V APPLICATIONS FOR PATENTS

Part VI PROCEDURE FOR GRANT OF PATENT

Part VII PROVISIONS AS TO PATENTS AFTER GRANT

Part VIII PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS AND REGISTRATION

Part IX EMPLOYEES’ INVENTIONS

Part X CONTRACTS AS TO PATENTED PRODUCTS

Part XI LICENCES OF RIGHT AND COMPULSORY LICENCES

Part XII USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNMENT

Part XIII INFRINGEMENT OF PATENTS

Part XIV REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS

Part XV AMENDMENTS OF PATENTS AND APPLICATIONS

Part XVI INTERNATIONAL APPLICATIONS FOR PATENTS

Part XVII LEGAL PROCEEDINGS

Part XVIII OFFENCES

Part XIX PATENT AGENTS AND FOREIGN PATENT AGENTS

Part XX MISCELLANEOUS AND GENERAL

THE SCHEDULE Substances Which Are Not Pharmaceutical Products

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

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(2)  If the application, or the designation of Singapore in it, is withdrawn or (except as mentioned in subsection (3)) deemed to be withdrawn under the Patent Co-operation Treaty, it shall be treated as withdrawn under this Act.
(3)  An application shall not be treated as withdrawn under this Act if it, or the designation of Singapore in it, is deemed to be withdrawn under the Patent Co-operation Treaty —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.
(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.
[UK Patents 1977, s. 89]
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:
(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.
(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
(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.
(7)  The Registrar shall on payment of the prescribed fee publish any translation filed at the Registry under subsection (3) or (6).
[UK Patents 1977, s. 89A]
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
(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.
(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 —
(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.
[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.
[UK Patents 1977, s. 89B]
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.
(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.
[UK Patents 1977, s. 91]