On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 08/04/2013.
PART XIX
PATENT AGENTS
104.
—(1) The Minister may make rules for the registration of individuals as patent agents.
[30/2001]
(2) Without prejudice to the generality of subsection (1), the rules may provide —
(a)
for the keeping, by such person as the Minister may determine, of a register of patent agents;
(b)
for the form and manner of application for registration as a patent agent, the qualifications and other requirements for registration, the fees payable for registration, and the conditions of registration;
(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
(e)
for transitional matters in relation to the registration of individuals as patent agents, and exclude or vary the operation of this Act in relation to such transitional matters.
[30/2001]
(3) The rules may make provision to regulate the professional conduct of registered patent agents and their practice 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 hearing and deciding upon such complaints;
(b)
imposing penalties on registered patent agents, including issuing a reprimand, and suspending or cancelling registration;
(c)
summoning witnesses;
(d)
receiving evidence from persons on oath or affirmation;
(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]
(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.
[UK Patents 1977, s. 275]
[30/2001]
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, 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 in Singapore or anywhere else;
(b)
preparing specifications or other documents for the purposes of this Act or the patent law of another country; or
(c)
giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents.
[30/2001]
(5) An individual shall not —
(a)
carry on a business under any name or other description which contains the words “patent agent”; or
(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”,
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
(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”,
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
(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”,
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” in reference to an individual, partnership or body corporate, it is equally contravened by the use of the expression “patent attorney” in reference to that person, or his business or place of business, or any other expression in reference thereto which is likely to be understood as indicating that he is entitled to be described as a “patent agent”.
[30/2001]
(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.
(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.
[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;
“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 (Cap. 61); 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.
[Aust. Patents 1990, s. 201]
[30/2001]