MISCELLANEOUS AND GENERAL
106. The Office, any officer of the Registry and any Examiner shall not —
be taken to warrant the validity of any patent granted under this Act or any treaty to which Singapore is a party;
incur any liability by reason of or in connection with any examination or investigation required or authorised by this Act or any such treaty or any report or other proceedings consequent on any such examination or investigation; or
—(1) The Registrar may, subject to any provision of the rules, correct any error of translation or transcription, clerical error or mistake in any specification of a patent or application for a patent or any document filed in connection with a patent or such an application.
(2) Where the Registrar is requested to correct such an error or mistake, any person may in accordance with the rules give the Registrar notice of opposition to the request and the Registrar shall determine the matter.
[UK Patents 1977, s. 117]
—(1) After publication of an application for a patent in accordance with section 27, the Registrar shall, on request being made to him in the prescribed manner and on payment of the prescribed fee (if any), give the person making the request such information, and permit him to inspect such documents, relating to the application or to any patent granted in pursuance of the application as may be specified in the request, subject, however, to any prescribed restriction.
(2) Subject to this section, until an application for a patent is so published, documents or information constituting or relating to the application shall not, without the consent of the applicant, be published or communicated to any person by the Registrar.
(3) Subsection (2) shall not prevent —
the Registrar from publishing or communicating to others any bibliographic information about an unpublished application for a patent; or
the Minister from inspecting or authorising the inspection of an application for a patent or any connected document under section 33(5).
(4) Where a person is notified that an application for a patent has been made, but not published in accordance with section 27, and that the applicant will, if the patent is granted, bring proceedings against that person in the event of his doing an act specified in the notification after the application is so published, that person may make a request under subsection (1), notwithstanding that the application has not been published, and that subsection shall apply accordingly.
(5) Where an application for a patent is filed, but not published, and a new application is filed in respect of any part of the subject-matter of the earlier application (either in accordance with the rules or in pursuance of an order under section 20) and is published, any person may make a request under subsection (1) relating to the earlier application and on payment of the prescribed fee the Registrar shall give him such information and permit him to inspect such documents as could have been given or inspected if the earlier application had been published.
(6) The publication of the whole or part of a specification of a patent or an application for a patent shall not constitute an infringement of any copyright subsisting under the Copyright Act (Cap. 63) in any literary or artistic work.
[UK Patents 1977, s. 118; Aust. Patents 1990, s. 226]
109. Any notice required or authorised to be given by this Act or the rules, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post.
[UK Patents 1977, s. 119]
—(1) The Minister may, after consulting with the Office, make rules to provide for the extension of any period of time specified for the doing of any act in relation to —
any application for or grant of a patent;
any proceedings before the Registrar under this Act or the rules; or
any other matter under this Act or the rules.
(2) The rules may contain such provision as the Minister thinks fit regulating the circumstances in which such an extension may be granted and may also provide for the protection and compensation of persons affected by the grant of extension of time and may authorise the Registrar to grant an extension of time notwithstanding that the period has already expired.
—(1) The Registrar may issue practice directions to specify —
the hours of business of the Registry; and
the days which are to be treated as excluded days.
(2) The Minister may prescribe the effect of doing any business under this Act —
on any day after the hours of business of the Registry; or
on any day which is an excluded day.
(3) For the purposes of subsections (1) and (2) —
different hours of business may be specified for different classes of business;
different excluded days may be specified for different classes of business; and
different effects of doing business —
outside the hours of business of the Registry; or
on an excluded day,
may be prescribed for different classes of business.
[UK Patents 1977, s. 120]
112. Nothing in this Act shall affect the right of the Government or any person deriving title, directly or indirectly, from the Government to dispose of or use articles forfeited under the laws relating to customs or excise.
[UK Patents 1977, s. 122]
—(1) For the purposes of this Act, an invention for a patent for which an application has been made or for which a patent has been granted shall, unless the context otherwise requires, be taken to be that specified in a claim of the specification of the application or patent, as the case may be, as interpretated by the description and any drawings contained in that specification, and the extent of the protection conferred by a patent or application for a patent shall be determined accordingly.
(2) It is hereby declared for the avoidance of doubt that where more than one invention is specified in any such claim, each invention may have a different priority date under section 17.
[UK Patents 1977, s. 125]
—(1) Provision may be made by rules prescribing the circumstances in which the specification of an application for a patent, or of a patent, for an invention which requires for its performance the use of a micro-organism is to be treated as disclosing the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art.
(2) The rules may in particular require the applicant or patentee —
to take such steps as may be prescribed for the purposes of making available to the public samples of the micro-organism; and
not to impose or maintain restrictions on the uses to which such samples may be put, except as may be prescribed.
(3) The rules may provide that, in such cases as may be prescribed, samples need only be made available to such persons or descriptions of persons as may be prescribed.
(4) The rules may identify a description of persons by reference to whether the Registrar has given his certificate as to any matter.
(5) An application for revocation of the patent under section 80(1)(c) may be made if any of the requirements of the rules ceases to be complied with.
[UK Patents 1977, s. 125A]
—(1) The Minister may, after consulting with the Office, make such rules as he thinks expedient for regulating the business of the Registry in relation to patents and applications for patents (including international applications for patents) and for regulating all matters placed by this Act under the direction or control of the Registrar.
(2) Without prejudice to the generality of subsection (1), the rules may make provision —
prescribing the contents of applications for patents and other documents which may be filed at the Registry and requiring copies to be furnished of any such documents;
regulating the procedure to be followed in connection with any proceeding or other matter before the Registrar or the Registry and authorising the rectification of irregularities of the procedure;
requiring fees to be paid in connection with any such proceeding or matter or in connection with the provision of any service by the Registry and providing for the remission of fees in the prescribed circumstances;
regulating the mode of giving evidence in any such proceeding and empowering the Registrar to compel the attendance of witnesses and the discovery of and production of documents;
requiring the Registrar to publish any proposed amendment of patents and any other prescribed matters including any prescribed steps in any such proceeding;
providing for the appointment of scientific advisers to assist the court and the Registrar in any proceeding before it or him and for the remuneration of such advisers;
prescribing time limits for doing anything required to be done in connection with any such proceeding by this Act or the rules;
giving effect to the right of an inventor of an invention to be mentioned in an application for a patent for the invention;
providing for the publication and sale of documents in the Registry and of information about such documents;
prescribing, in relation to international applications, matters necessary or convenient to be prescribed for carrying out or giving effect to the Patent Co-operation Treaty;
excluding or varying the operation of the provisions of this Act in relation to international applications and applications for patents made under section 117;
requiring and regulating the translation of documents in connection with any application for a patent and the filing and authentication of any such translations;
prescribing the scale of costs for proceedings before the Registrar; and
prescribing anything that is required or permitted to be prescribed under this Act.
(3) The rules may make different provisions for different cases.
(4) The rules shall provide for the publication by the Registrar of a journal (referred to in this Act as the journal) containing particulars of applications for and grants of patents, particulars of application for and the registration of patent agents, and of other proceedings under this Act.
(5) The rules may require or authorise the Registrar to make arrangements for the publication of reports of cases relating to patents decided by him or by any court or body whether in Singapore or elsewhere.
[UK Patents 1977, s. 123]
115A. The Minister may make rules for the publication by the Registrar of —
the forms to be used for any purpose relating to —
any application for or grant of a patent;
any proceedings before the Registrar under this Act or the rules; or
any other matter under this Act or the rules; and
the practice directions issued by the Registrar.
—(1) All fees collected in connection with any proceedings or other matter before the Registrar or the Registry, or in connection with the provision of any service by the Registry, shall be paid into the funds of the Office.
—(1) Where an application has been made under section 3 of the repealed Registration of United Kingdom Patents Act (Cap. 271, 1985 Ed.) before 23rd February 1995, the Registrar may issue a certificate of registration under section 5 of that Act after that date as if that Act had not been repealed.
(2) Where a patent has been granted under the United Kingdom Patents Act 1977 not earlier than 36 months before, or not later than 12 months after, 23rd February 1995, the proprietor of the patent may, within a period of 24 months from that date, make an application for a certificate of registration and the Registrar may issue a certificate on such application as if the Registration of United Kingdom Patents Act had not been repealed.
(3) Any certificate of registration issued under section 5 of the repealed Registration of United Kingdom Patents Act and is in force immediately before 23rd February 1995, or issued after that date by virtue of subsection (1) or (2) shall continue in force and the patent to which the certificate relates shall be treated for the purposes of this Act as if it were a patent under this Act granted in pursuance of an application made under this Act and the proprietor of the patent shall accordingly have the same rights, remedies, privileges and obligations and subject to the same conditions (including the payment of any fee prescribed under section 36), as the proprietor of a patent under this Act subject to the following modifications:
the term of the patent shall date from the date of the patent in the United Kingdom and the patent shall subject to this Act remain in force for 20 years from that date and only so long as the patent has not been revoked in the United Kingdom before 17th October 2001;
such other modifications as may be prescribed.
(4) A patent to which subsection (3) applies shall be treated for the purposes of sections 14(3) and 17(2) as being granted on an application with a date of filing under this Act and published under this Act.
(5) The date of filing an application for a patent as mentioned in subsection (4), and the priority date of an invention or other matter contained in that application, shall be determined in accordance with the provisions of the United Kingdom Patents Act 1949 or 1977, as the case may be.
(6) Where an act is commenced before 23rd February 1995 and continues to be done on or after that date, then, if it would not, under the law in force immediately before that date, amount to an infringement of a patent or the privileges or rights arising under a specification, its continuance on or after that date shall not amount to the infringement of that patent or those privileges or rights.