Singapore Government
Link to AGC Website
Home | Search | Browse | Results | My Preferences
 
Contents

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

 
Slider
Left Corner
Print   Link to In-Force Version
On 20/04/2014, you requested the version in force on 20/04/2014 incorporating all amendments published on or before 20/04/2014. The closest version currently available is that of 10/03/2014.
Slider
PART III
PATENTABILITY
Patentable inventions
13.
—(1)  Subject to subsection (2), a patentable invention is one that satisfies the following conditions:
(a)
the invention is new;
(b)
it involves an inventive step; and
(c)
it is capable of industrial application.
[40/95]
(2)  An invention the publication or exploitation of which would be generally expected to encourage offensive, immoral or anti-social behaviour is not a patentable invention.
(3)  For the purposes of subsection (2), behaviour shall not be regarded as offensive, immoral or anti-social only because it is prohibited by any law in force in Singapore.
[UK Patents 1977, s. 1]
Novelty
14.
—(1)  An invention shall be taken to be new if it does not form part of the state of the art.
(2)  The state of the art in the case of an invention shall be taken to comprise all matter (whether a product, a process, information about either, or anything else) which has at any time before the priority date of that invention been made available to the public (whether in Singapore or elsewhere) by written or oral description, by use or in any other way.
(3)  The state of the art in the case of an invention to which an application for a patent or a patent relates shall be taken also to comprise matter contained in an application for another patent which was published on or after the priority date of that invention, if the following conditions are satisfied:
(a)
that matter was contained in the application for that other patent both as filed and as published; and
(b)
the priority date of that matter is earlier than that of the invention.
(4)  For the purposes of this section, the disclosure of matter constituting an invention shall be disregarded in the case of a patent or an application for a patent if occurring later than the beginning of the period of 12 months immediately preceding the date of filing the application for the patent and either —
(a)
the disclosure was due to, or made in consequence of, the matter having been obtained unlawfully or in breach of confidence by any person —
(i)
from the inventor or from any other person to whom the matter was made available in confidence by the inventor or who obtained it from the inventor because he or the inventor believed that he was entitled to obtain it; or
(ii)
from any other person to whom the matter was made available in confidence by any person mentioned in sub-paragraph (i) or in this sub-paragraph or who obtained it from any person so mentioned because he or the person from whom he obtained it believed that he was entitled to obtain it;
(b)
the disclosure was made in breach of confidence by any person who obtained the matter in confidence from the inventor or from any other person to whom it was made available, or who obtained it, from the inventor;
(c)
the disclosure was due to, or made in consequence of, the inventor displaying the invention at an international exhibition and the applicant states, on filing the application, that the invention has been so displayed and also, within the prescribed period, files written evidence in support of the statement complying with any prescribed condition; or
(d)
the disclosure was due to, or made in consequence of, the inventor describing the invention in a paper read by him or another person with his consent or on his behalf before any learned society or published with his consent in the transactions of any learned society.
(5)  In subsection (4)(d), “learned society” includes any club or association constituted in Singapore or elsewhere whose main object is the promotion of any branch of learning or science.
(6)  In this section, references to the inventor include references to any proprietor of the invention for the time being.
(7)  In the case of an invention consisting of a substance or composition for use in a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body, the fact that the substance or composition forms part of the state of the art shall not prevent the invention from being taken to be new if the use of the substance or composition in any such method does not form part of the state of the art.
[UK Patents 1977, s. 2]
Inventive step
15.  An invention shall be taken to involve an inventive step if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the state of the art by virtue only of section 14(2) and without having regard to section 14(3).
[UK Patents 1977, s. 3]
Industrial application
16.
—(1)  Subject to subsection (2), an invention shall be taken to be capable of industrial application if it can be made or used in any kind of industry, including agriculture.
(2)  An invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body shall not be taken to be capable of industrial application.
(3)  Subsection (2) shall not prevent a product consisting of a substance or composition from being treated as capable of industrial application merely because it is invented for use in any such method.
[UK Patents 1977, s. 4]
Priority date
17.
—(1)  For the purposes of this Act, the priority date of an invention to which an application for a patent relates and also of any matter (whether or not the same as the invention) contained in the application is, except as provided by the provisions of this Act, the date of filing the application.
(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.
(3)  Where an invention or other matter contained in the application in suit was also disclosed in 2 earlier relevant applications filed by the same applicant as in the case of the application in suit or a predecessor in title of his and the second of those relevant applications was specified in or in connection with the application in suit, the second of those relevant applications shall, so far as it concerns that invention or matter, be disregarded unless —
(a)
it was filed in or in respect of the same country as the first; and
(b)
not later than the date of filing the second, the first (whether or not so specified) was unconditionally withdrawn, or was abandoned or refused, without —
(i)
having been made available to the public whether in Singapore or elsewhere;
(ii)
leaving any right outstanding; and
(iii)
having served to establish a priority date in relation to another application, wherever made.
(4)  This section shall apply for determining the priority date of an invention for which a patent has been granted as it applies for determining the priority date of an invention to which an application for that patent relates.
(5)  In this section and section 18, “relevant application” means any of the following applications which has a date of filing:
(a)
an application for a patent under this Act; or
(b)
an application in or for a convention country for protection in respect of an invention or an application which, in accordance with the law of a convention country or a treaty or international convention to which a convention country is a party, is equivalent to such an application.
[30/2001]
(6)  In subsection (5), “convention country” means —
(a)
a country other than Singapore that is a party to the Paris Convention or a member of the World Trade Organisation; or
(b)
any other country with which Singapore has entered into a treaty, convention, arrangement or engagement and which is declared by the Minister, by order published in the Gazette, as a convention country.
[UK Patents 1977, s. 5]
[30/2001]
Disclosure of matter, etc., between earlier and later applications
18.
—(1)  It is hereby declared for the avoidance of doubt that where an application (the application in suit) is made for a patent and a declaration is made in accordance with section 17(2) in or in connection with that application specifying an earlier relevant application, the application in suit and any patent granted in pursuance of it shall not be invalidated by reason only of the relevant intervening acts.
(2)  In subsection (1), “relevant intervening acts” means acts done in relation to matter disclosed in an earlier relevant application between the dates of the earlier relevant application and the application in suit, as for example, filing another application for the invention for which the earlier relevant application was made, making information available to the public about that invention or that matter or working that invention, but disregarding any application, or the disclosure to the public of matter contained in any application, which is itself to be disregarded for the purposes of section 17(3).
[UK Patents 1977, s. 6]