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 31/07/2005.
PART XVI
INTERNATIONAL APPLICATIONS FOR PATENTS
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(2) If the application, or the designation of Singapore in it, is withdrawn or (except as mentioned in subsection (3)) deemed to be withdrawn under the Patent Co-operation Treaty, it shall be treated as withdrawn under this Act.
(3) An application shall not be treated as withdrawn under this Act if it, or the designation of Singapore in it, is deemed to be withdrawn under the Patent Co-operation Treaty —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]
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 any necessary translation of the application into English has been filed at the Registry and the prescribed fee has been paid by the applicant; or
(b)
on the applicant expressly requesting the Registrar to proceed earlier with the national phase of the application, paying the prescribed fee and filing at the Registry —
(i)
a copy of the application, if none has yet been sent to the Registry in accordance with the Patent Co-operation Treaty; and
(ii)
any necessary translation of the application into English.
(4) In subsection (3), “copy of the application” includes a copy published in accordance with the Patent Co-operation Treaty in a language other than that in which it was originally filed.
(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 —
(a)
when the prescribed period expires, any necessary translation of the amendment into English 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 yet been sent to the Registry in accordance with the Treaty; and
(ii)
any necessary translation of the amendment into English,
otherwise the amendment shall be disregarded.
(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]
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 specified in section 17(2) 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 conditions mentioned in section 86(3)(a) are complied with.
(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 a translation of the application in accordance with section 86(7); or
(ii)
on the service by the applicant of a translation into English 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 a 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]
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]