On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 15/12/2009.
PART II
registration of patent agents
5.
—(1) The Registrar shall keep and maintain a register of patent agents which shall contain —
(a)
the names and practice addresses in Singapore of all individuals registered as patent agents under these Rules;
(b)
the dates of their registration;
(c)
the terms of practising certificates issued to them (if any); and
(d)
such of their other particulars as the Registrar may determine.
(2) The register need not be kept in documentary form.
6. Subject to rules 7 and 8, an individual is entitled to be registered as a patent agent if he —
(a)
is resident in Singapore;
(b)
holds a university degree or equivalent qualification approved by the Registrar;
(c)
has passed the course specified in Part I of the Third Schedule;
(d)
has passed the examination specified in Part II of the Third Schedule; and
(e)
has completed internship in patent agency work under the supervision of a registered patent agent, or an individual registered as a patent agent or its equivalent in a country or territory, or by a patent office, specified in the Fourth Schedule, for —
(i)
a continuous period of at least 12 months; or
(ii)
a total period of at least 12 months within a continuous period of 24 months.
7.
—(1) An application for registration shall be made to the Registrar in Form A, and shall be accompanied by —
(a)
the applicable fee in the First Schedule;
(b)
the necessary documentary proof of the applicant’s entitlement to be registered; and
(c)
2 certificates of good character of the applicant in Form B by 2 responsible individuals —
(i)
who are not immediately related to the applicant;
(ii)
who have known the applicant for at least 12 months and have had opportunities to judge his character; and
(iii)
one or both of whom is or are resident in Singapore.
(2) The Registrar may require the applicant to furnish, within a specified period, such further evidence or information as he considers necessary to determine if the applicant is entitled to be registered.
(3) The Registrar may accept in place of, or require in addition to, either or both of the certificates of good character such other evidence of good character of the applicant as the Registrar considers necessary.
(4) Subject to rule 8, the Registrar shall, if satisfied that the applicant is entitled to be registered and is of good character, register the applicant as a patent agent by issuing to him a certificate of registration and entering his name and particulars in the register.
(5) The Registrar may, before registering the applicant, require him to satisfy, within a specified period, such conditions as the Registrar considers appropriate.
(6) The Registrar may subject the registration of the applicant to such conditions as the Registrar considers appropriate.
(7) Subject to rule 8, an application shall be refused if it is not made in accordance with this rule.
8.
—(1) The Registrar may, upon the written request of an applicant for registration, register the applicant as a patent agent —
(a)
notwithstanding rule 6(c) if he is satisfied that the applicant is sufficiently proficient in the law of intellectual property;
(b)
notwithstanding rule 6(d) if he is satisfied that the applicant is sufficiently proficient in the law of patents and has the necessary knowledge and practical experience to carry out patent agency work; and
(c)
notwithstanding rule 6(e) if he is satisfied that the applicant has the necessary knowledge and practical experience to carry out patent agency work, gained from carrying out such work under the supervision of a registered patent agent, or an individual registered as a patent agent or its equivalent in a country or territory, or by a patent office, specified in the Fourth Schedule.
(2) The Registrar may require the applicant to furnish, within a specified period, such further evidence or information as he considers necessary for the purposes of his determination under paragraph (1).
9.
—(1) A registered patent agent who wishes to obtain a practising certificate for any practice year shall, before making an application for the certificate, ensure that professional indemnity insurance has been obtained against any liability incurred by him when carrying out patent agency work in that practice year, where the amount of insurance cover is at least $1 million for each claim.
(2) Paragraph (1) shall not apply to a registered patent agent —
(a)
if —
(i)
his employer does not carry on a business, practise or act as a patent agent; and
(ii)
he intends to carry out patent agency work for his employer, and for no other person, in his capacity as employee of his employer, and in no other capacity, during the practice year; or
(b)
if —
(i)
his employer is a member of a related company group;
(ii)
his employer does not carry on a business, practise or act as a patent agent;
(iii)
any other member of the related company group does not carry on a business, practise or act as a patent agent; and
(iv)
he intends to carry out patent agency work for his employer or for that other member of the related company group, and for no other person, in his capacity as employee of his employer, and in no other capacity, during the practice year.
(3) An application for a practising certificate shall not be made earlier than 2 months before the commencement of the practice year in question.
(4) The application shall be made to the Registrar in Form C, and shall be accompanied by —
(a)
the applicable fee in the First Schedule which shall be the same amount irrespective of the term of the practising certificate;
(b)
a declaration in writing stating —
(i)
the applicant’s name in full;
(ii)
the name under which he intends to practise or the name of his employer;
(iii)
his practice address in Singapore;
(iv)
that he is resident in Singapore;
(v)
that he has not been convicted of an offence under the Act and has not been convicted or guilty of any of the matters referred to in rule 17(1)(a) to (g) for which he has not already been dealt with under Part III;
(vi)
that he continues to meet the requirements of these Rules by virtue of which he was registered; and
(vii)
in a case where paragraph (1) applies, that he has ensured that the professional indemnity insurance referred to in that paragraph has been obtained; and
(c)
either of the following:
(i)
in a case where paragraph (1) applies, a written undertaking by the applicant that —
(A)
he will ensure that the professional indemnity insurance that has been obtained will be maintained in force at all times during the practice year in question; and
(B)
where the insurance that has been obtained is due to expire before the end of the practice year, he will ensure that the insurance is renewed before such expiry;
(ii)
in a case where paragraph (2) applies, a written undertaking by the applicant that he will, if he is to carry out patent agency work at any time during that practice year other than in his capacity as employee of his employer for —
(A)
where paragraph (2)(a) applies, his employer; or
(B)
where paragraph (2)(b) applies, his employer or the other member of the related company group referred to in that paragraph,
ensure that the professional indemnity insurance referred to in paragraph (1) has been obtained, before he does so.
(5) The Registrar may require the registered patent agent to furnish, within a specified period, such other evidence or information as he considers necessary for the purposes of the application.
(6) The Registrar shall, if satisfied that the application is made in accordance with this rule, issue the practising certificate.
(7) The issue of a practising certificate may be subject to such conditions as the Registrar may specify.
(8) In this rule, “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.
10.
—(1) A practising certificate issued to a registered patent agent under rule 9 —
(a)
shall be in force from —
(i)
the date of its issue; or
(ii)
if it is applied for before the beginning of the practice year in question, the first day of the practice year; and
(b)
shall cease to be in force —
(i)
when the registered patent agent ceases to practise or to be employed as a registered patent agent;
(ii)
upon the occurrence of any of the following events:
(A)
the registered patent agent ceases to be resident in Singapore;
(B)
the registered patent agent has been convicted of an offence under the Act;
(C)
the registered patent agent has been convicted of a criminal offence implying a defect of character which makes him unfit for his profession;
(D)
the registered patent agent ceases to meet any requirement of these Rules by virtue of which he was registered; or
(E)
in a case where rule 9(1) applies to the registered patent agent, the professional indemnity insurance referred to therein has not been obtained or has expired; or
(iii)
when the Registrar subsequently issues another practising certificate to the registered patent agent.
(2) Where the registration of a patent agent has been cancelled or suspended under rule 20, any practising certificate issued to him shall be treated as cancelled and he shall immediately surrender the certificate to the Registrar.
(3) Any person who without lawful excuse contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
11.
—(1) A request to correct a clerical error or mistake in any document filed with the Registrar under these Rules shall be made by filing with him Form D and by paying the applicable fee specified in the First Schedule.
(2) The Registrar may require the person making the request to furnish, within a specified period, such other evidence or information as the Registrar considers necessary to determine if the correction should be made.
12. The Registrar may, whether or not on his own initiative, if satisfied that any entry in the register has been made in error or that any entry is incorrect, delete or correct the same.
13.
—(1) A registered patent agent shall, within one week of any change in his name or practice address, give notice to the Registrar of the change by filing with the Registrar Form D and paying the fee specified in the First Schedule.
(2) Upon receipt of the matters referred to in paragraph (1), the Registrar shall update the entry in the register accordingly.
14. Any person may, subject to such conditions as the Registrar may specify, inspect, search or retrieve information from the register.
15.
—(1) If a certificate of registration or practising certificate has been lost, destroyed or defaced or becomes obliterated so that any information on such certificate is illegible, the holder thereof shall immediately notify the Registrar by filing Form E and by paying the applicable fee in the First Schedule.
(2) Subject to paragraphs (3) and (4), the Registrar may issue a duplicate of such certificate to the holder.
(3) In the case of a certificate of registration or practising certificate that has been defaced or become obliterated, no duplicate of such certificate shall be issued unless the original is first returned to the Registrar.
(4) In the case of a certificate of registration or practising certificate that has been lost or destroyed, no duplicate of such certificate shall be issued unless the holder has made a statutory declaration of the loss or destruction and forwarded the statutory declaration to the Registrar.