On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 12/02/2007.
PART II
AMENDMENTS TO WRITTEN LAWS RELATING TO INTELLECTUAL PROPERTY
6.
—(1) The Patents Act (Cap. 221, 2005 Ed.) is amended —
(a)
by deleting the definition of “formal requirements” in section 2(1) and substituting the following definition:
“ “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;”;
(b)
by inserting, immediately after the definition of “medicinal product” in section 2(1), the following definition:
“ “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;”;
(c)
by deleting subsection (2) of section 17 and substituting the following subsections:
“(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.
(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 is 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.
(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).
(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.
(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.”;
(d)
by repealing section 26 and substituting the following section:
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 —
(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.
(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.
(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 and before the conditions in section 30(2) and (3) are satisfied —
(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.
(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).”;
(e)
by repealing section 28 and substituting the following section:
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
(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 shall specify in the notification a period during which the applicant shall have the opportunity —
(a)
to make observations on the Registrar’s determination; and
(b)
subject to section 84, to amend the application so as to comply with all the formal requirements.
(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 period specified by the Registrar under that subsection.
(6) Subsection (5) does not apply if —
(a)
the applicant makes observations as mentioned in subsection (4)(a) before the end of the period specified by the Registrar under subsection (4); and
(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 of 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).”;
(f)
by deleting the words “referred to in section 28(1)” in section 29(1);
(g)
by deleting the words “Upon receiving the Registrar’s notification under subsection (1), the” in section 29(2) and substituting the word “The”;
(h)
by deleting paragraph (b) of section 36A(13) and substituting the following paragraphs:
“(b)
the period taken by the applicant to make observations under section 26(3)(b) (i) which satisfy the Registrar that the documents filed at the Registry to initiate the application satisfy all of the conditions in section 26(1)(a), (b) and (c)(i) or (ii), calculated from the date of the Registrar’s notification to the applicant under section 26(3)(a) to the date on which the applicant makes the observations;
(ba)
the period taken by the applicant to file the documents referred to in section 26(7)(a), (b) and (c), calculated from the date of filing of the application for a patent to the date on which the applicant files the documents;
(bb)
the period taken by the applicant to comply with section 26(9)(b), if the applicant, after filing at the Registry any missing part of the application, makes a request to the Registrar for section 26(8)(b) not to apply to the application, calculated from the date on which the applicant filed at the Registry the missing part of the application to the date on which the applicant complies with section 26(9)(b);”;
(i)
by deleting the words “section 26(8)” in section 36A(13)(c) and substituting the words “section 26(12)(a)”;
(j)
by deleting paragraph (d) of section 36A(13) and substituting the following paragraphs:
“(d)
the period taken by the applicant to —
(i)
make observations under section 28(4)(a) which satisfy the Registrar that all the formal requirements have been complied with; or
(ii)
amend his application under section 28(4)(b) to comply with all the formal requirements,
calculated from the date of the Registrar’s notification under section 28(4) to the date on which the applicant makes the observations or the earliest date on which the application, as amended by the applicant, complies with all the formal requirements;
(da)
the period taken by the applicant to comply with section 28(9)(b), if the applicant, after filing any drawing or part of the description of the invention which is missing from the application, makes a request to the Registrar for section 28(8)(b) not to apply to the application, calculated from the date of the Registrar’s notification under section 28(7) to the date on which the applicant complies with section 28(9)(b);”;
(k)
by deleting the words “section 26(6)” in section 80(1)(d) (ii) and substituting the words “section 26(11)”;
(l)
by deleting the words “section 26(6)” in section 84(1) and substituting the words “section 26(11)”;
(m)
by inserting, immediately after subsection (1) of section 84, the following subsection:
“(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.”;
(o)
by deleting subsections (3) and (4) of section 86 and substituting the following subsection:
“(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.”;
(p)
by deleting subsection (6) of section 86 and substituting the following subsection:
“(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.”;
(q)
by deleting the words “specified in section 17(2)” in section 87(1)(b) and substituting the words “referred to in section 17(2A)(a)”;
(r)
by deleting the words “conditions mentioned in section 86(3)(a) are complied with” in section 87(2) and substituting the words “national phase of the application begins or, if later, when published in accordance with the Treaty”;
(s)
by deleting the words “a translation” in section 87(3)(b) (i) and (4) and substituting in each case the words “an English translation”;
(t)
by deleting the words “a translation into English” in section 87(3)(b) (ii) and substituting the words “an English translation”; and
(u)
by deleting subsection (10) of section 105 and substituting the following subsections:
“(10) Where an individual’s employer does not carry on a business, practise or act as a 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.
(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; and
(c)
any other member of the related company group does not carry on a business, practise or act as a patent agent,
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) Subsection (1) (a), (b) and (d) to (n) shall only apply in relation to an application for a patent that is initiated on or after the date of commencement of this section, and sections 26, 28, 29 (1) and (2), 36A (13) (b), (c) and (d), 80 (1) (d) (ii) and 84 (1) of the Patents Act in force immediately before that date shall continue to apply to an application for a patent that is initiated before that date.
(3) Subsection (1) (c) and (q) shall only apply in relation to an application for a patent that qualifies for a date of filing on or after the date of commencement of this section, and sections 17 (2) and 87 (1) (b) of the Patents Act in force immediately before that date shall continue to apply to an application for a patent which qualifies for a date of filing before that date.
(4) Subsection (1) (o), (p) and (r) shall only apply to an international application for a patent (Singapore) that enters the national phase of the application in Singapore on or after the date of commencement of this section, and sections 86 (3), (4) and (6) and 87 (2) of the Patents Act in force immediately before that date shall continue to apply to an international application for a patent (Singapore) that enters the national phase of the application in Singapore before that date.
7. The Plant Varieties Protection Act (Cap. 232A, 2006 Ed.) is amended —
(a)
by inserting, immediately after the definition of “harvested material” in section 2, the following definition:
“ “Office” means the Intellectual Property Office of Singapore incorporated under the Intellectual Property Office of Singapore Act (Cap. 140);”;
(b)
by deleting the word “Registry” in section 52(2) and substituting the word “Office”;
(c)
by inserting, immediately after subsection (2) of section 52, the following subsection:
(d)
by deleting the words “to the Registry” in section 52(3) and substituting the words “into the funds of the Office”.