On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 08/04/2013.
30.
—(1) Subject to subsection (4), the Registrar shall grant the applicant a patent if —
(a)
the conditions in subsection (2) are satisfied before the end of the prescribed period or any extension thereof; and
(b)
the conditions in subsection (3) have been satisfied.
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(2) The conditions referred to in subsection (1)(a) are —
(a)
that all the formal requirements have been complied with;
(b)
that the Registrar has received —
(i)
the search report referred to in section 29(3) and the examination report referred to in section 29(5);
(ii)
the search and examination report referred to in section 29(6);
(iii)
the search report referred to in section 29(2)(c)(i), the examination report referred to in section 29(5) and, where the search report is not in English, an English translation of the search report;
(iv)
the prescribed information referred to in section 29(2)(c)(ii) or (d)(ii) and, where the prescribed information includes any document that is not in English, an English translation of such document;
(v)
the international search report referred to in section 29(2)(d)(i) or (e)(i), the examination report referred to in section 29(5) and, where the international search report is not in English, an English translation of the international search report; or
(vi)
in the case of an international application for a patent (Singapore) which has entered the national phase in Singapore under section 86(3), as an alternative to the document or documents referred to in any of sub-paragraphs (ii), (iii), (iv) and (v) —
(A)
the notice referred to in section 29(2)(e)(ii);
(B)
an international search report in respect of that application;
(C)
an international preliminary report on patentability in respect of that application; and
(D)
where any report referred to in sub-paragraph (B) or (C) is not in English, an English translation of that report;
(c)
that the prescribed documents for the grant of the patent have been filed; and
(d)
that the prescribed fee for the grant of the patent has been paid.
[19/2004]
(3) The conditions referred to in subsection (1)(b) are —
(a)
that —
(i)
the document or documents received by the Registrar under subsection (2)(b) do not disclose any unresolved objection on the ground that the claim or claims in the application do not relate to one invention or to a group of inventions which are so linked as to form a single inventive concept; or
(ii)
if any such objection is disclosed, the applicant has satisfied the Registrar that the objection has been resolved;
(b)
where the applicant relies on any examination report referred to in section 29(5), any search and examination report referred to in section 29(6) or any international preliminary report on patentability referred to in subsection (2)(b)(vi), that each claim in the application at the time the prescribed documents for the grant of the patent were filed and the prescribed fee for the grant of the patent was paid is related to at least one claim in the application at the time the report was issued —
(i)
which has been examined; and
(ii)
which is referred to in the report;
(c)
where the applicant relies on the prescribed information relating to a corresponding application referred to in section 29(2)(c)(ii) or the prescribed information relating to a corresponding international application referred to in section 29(2)(d)(ii), at the time the prescribed documents for the grant of the patent were filed and the prescribed fee for the grant of the patent was paid, that each claim in the application is related to at least one claim —
(i)
which is set out in the prescribed information relating to the corresponding application or corresponding international application, as the case may be; and
(ii)
which has been examined to determine whether the claim appears to satisfy the criteria of novelty, inventive step (or non-obviousness) and industrial applicability (or utility);
(d)
that the invention is not an invention referred to in section 13(2); and
(e)
that there is —
(i)
no other application for a patent for the same invention having the same priority date filed by the same applicant or his successor in title; and
(ii)
no earlier grant of a patent for the same invention having the same priority date to the same applicant or his successor in title.
[19/2004]
(4) If, within the prescribed period under subsection (1)(a) —
(a)
an appeal is filed in court in respect of an application; and
(b)
the applicant applies to the court to extend that period while the appeal is pending,
the court may extend that period to such date as the court may determine.
[19/2004]
(5) Where the conditions in subsection (2) are not satisfied before the end of the prescribed period under subsection (1)(a) or any extension thereof, the applicant shall be deemed to have abandoned his application at the end of that period.
[19/2004]
(6) If the Registrar is of the opinion that any condition in subsection (3) has not been satisfied —
(a)
the Registrar shall send a notification to the applicant setting out the grounds for the Registrar’s objection to granting a patent;
(b)
the applicant shall have the right to respond to the Registrar’s objection within a period specified by the Registrar;
(c)
unless the Registrar withdraws his objection, the applicant shall, within a period specified by the Registrar and subject to section 84, amend the specification of his application in accordance with the prescribed conditions, with a view to satisfying the conditions in subsection (3); and
(d)
if any condition in subsection (3) remains unsatisfied at the end of the period referred to in paragraph (c), the applicant shall be deemed to have abandoned his application at the end of that period.
[19/2004]