WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/SGP/P/1
14 March 2000
(00-1004)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
SINGAPORE
The present document reproduces the text1 of the Patents Act Revised Edition 1995, as
notified by Singapore under Article 63.2 of the Agreement (see document IP/N/1/SGP/3).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
SINGAPOUR
Le présent document contient le texte1 de l'Édition révisée de 1995 de la Loi sur les brevets,
notifiée par Singapour au titre de l'article 63: 2 de l'Accord (voir le  document IP/N/1/SGP/3).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
SINGAPUR
En el presente documento se reproduce el texto1 de la Ley de Patentes, edición revisada
de 1995, notificada por Singapur de conformidad con el párrafo 2 del artículo 63 del Acuerdo (véase
el documento IP/N/1/SGP/3).
                                                     
1 English only./Anglais seulement./En inglés solamente.IP/N/1/SGP/P/1
Page 2
PATENTS ACT
(CHAPTER 221)
REVISED EDITION 1995
Act
21 of 1994
Act 40/95
An Act to establish a new law of patents, to enable Singapore to give effect to certain
international conventions on patents.
[23rd February 1995,except Sections 104and 105 (1) to (6),(8) and (9)]
PART I
PRELIMINARY
Short title and commencement.
1. — (1) This Act may be cited as the Patents Act and shall come into operation on
such date as the Minister may, by notification in the Gazette , appoint.
(2) The Minister may appoint different dates for the coming into operation of the
different Parts or provisions of this Act.
Interpretation.
2. — (1) In this Act, unless the context otherwise requires —
“Convention on International Exhibitions”  means the Convention relating to In-
ternational Exhibitions signed in Paris on 22nd November 1928, as amended or
supplemented by any protocol to that convention which is for the time being in
force;
“court”  means the High Court;
“date of filing” , in relation to —
(a) an application for a patent made under this Act, means the date of filing
that application by virtue of section 26; and
(b) any other application, means the date which, under the law of the country
where the application was made or in accordance with the terms of a
treaty or convention to which that country is a party, is to be treated as the
date of filing that application in that country or is equivalent to the date ofIP/N/1/SGP/P/1
Page 3
filing an application in that country (whatever the outcome of the
application);
“designate” , in relation to an application or a patent, means designate the country
or countries (in pursuance of the Patent Co-operation Treaty) in which
protection is sought for the invention which is the subject of the application or
patent;
“employee”  means a person who works or (where the employment has ceased)
worked under a contract of employment or in employment under or for the
purposes of a Government department;
“employer” , in relation to an employee, means the person by whom the employee
is or was employed;
“European Patent Convention”  means the Convention on the Grant of European
Patents;
“European Patent Office”  means the office of that name established by the Eu-
ropean Patent Convention;
“Examiner”  means such person, organisation or foreign or international patent
office or organisation as may be prescribed to whom the Registrar may refer
questions relating to patents, including search and examination of applicationsfor patents;
“exclusive licence”  means a licence from the proprietor of or applicant for a
patent conferring on the licensee, or on him and persons authorised by him, to
the exclusion of all other persons (including the proprietor or applicant), any
right in respect of the invention to which the patent or application relates, and
“exclusive licensee” and “non-exclusive licence” shall be construed ac-
cordingly;
“filing fee”  means the fee prescribed for the purposes of section 25;
“formal requirements”  means those requirements designated as such by rules
made for the purposes of section 28;
“international application for a patent”  means an application made under the
Patent Co-operation Treaty;
“international application for a patent (Singapore)”  means an application of that
description which, on its date of filing, designates Singapore;
“International Bureau”  means the secretariat of the World Intellectual Property
Organisation established by a convention signed at Stockholm on 14th July
1967;
“international exhibition”  means an official or officially recognised international
exhibition falling within the terms of the Convention on International Ex-
hibitions or falling within the terms of any subsequent treaty or convention
replacing that convention;IP/N/1/SGP/P/1
Page 4
“inventor” , in relation to an invention, means the actual deviser of the invention
and “joint inventor” shall be construed accordingly;
“journal”  has the same meaning as in section 115 (4);
“mortgage” , when used as a noun, includes a charge for securing money or
money’s worth and, when used as a verb, shall be construed accordingly;
“Paris Convention”  means the Convention for the Protection of Industrial Prop-
erty signed at Paris on 20th March 1883;
“patent”  means a patent under this Act and includes a patent in force by virtue of
section 116 (3);
“Patent Co-operation Treaty”  means the treaty of that name signed at Washington
on 19th June 1970;
“patented invention”  means an invention for which a patent is granted and “pat-
ented process” shall be construed accordingly;
“patented product”  means a product which is a patented invention or, in relation
to a patented process, a product obtained directly by means of the process or to
which the process has been applied;
“person”  includes the Government;
“priority date”  means the date determined as such under section 17;“published”  means made available to the public (whether in Singapore or else-
where) and a document shall be taken to be published under any provision of
this Act if it can be inspected as of right at any place in Singapore by members
of the public, whether on payment of a fee or not; and “republished” shall be
construed accordingly;
“register” , when used as a noun, means the register of patents kept under section
42 and, when used as a verb, means, in relation to any thing, to register or reg-ister particulars, or enter notice, of that thing in the register and, when used in
relation to a person, means to enter his name in the register;
“registered patent agent”  means a person whose name is entered in the register of
patent agents kept in accordance with the rules made under section 104;
“Registrar”  means the Registrar of Patents and includes any Deputy Registrar of
Patents holding office under this Act;
“Registry”  means the Registry of Patents established under this Act;“right” , in relation to any patent or application, includes an interest in the patent
or application and, without prejudice to the foregoing, any reference to a right
in a patent includes a reference to a share in the patent;
“scientific adviser”  means any person with any scientific qualification, any
medical practitioner, engineer, architect, surveyor, accountant, actuary and any
other specially skilled person.IP/N/1/SGP/P/1
Page 5
Act 40/95
Deleted by Act 40/95 wef 1.1.96 vide S582/95.
(2) Rules may provide for stating in the journal that an exhibition falls within the
definition of “international exhibition” in subsection (1) and any such statement shall
be conclusive evidence that the exhibition falls within that definition.
(3) For the purposes of this Act, a matter shall be taken to have been disclosed in any
relevant application within the meaning of section 17 or in the specification of a patent
if it was either claimed or disclosed (otherwise than by way of disclaimer or
acknowledgment of prior art) in that application or specification.
(4) References in this Act to an application for a patent, as filed, are references to
such an application in the state it was on the date of filing.
(5) References in this Act to an application for a patent being published are refer-
ences to its being published under section 27.
(6) References in this Act to the Paris Convention or the Patent Co-operation Treaty
are references to that convention or Treaty or any other international convention or
agreement replacing it, as amended or supplemented by any convention or inter-
national agreement (including in either case any protocol or annex) to which Sin-gapore is a party, or in accordance with the terms of any such convention or
agreement and include references to any instrument made under any such convention
or agreement.
(7) The Arbitration Act shall not apply to any proceedings before the Registrar under
this Act.
Cap. 10.
Application to Government.
3. This Act shall bind the Government.
PART II
ADMINISTRATION
Registrar of Patents and other officers.
4. — (1) There shall be a Registrar of Patents who shall have the chief control of the
Registry of Patents.
(2) There shall be one or more Deputy Registrars of Patents who shall, subject to the
control of the Registrar, have all the powers and functions of the Registrar under this
Act, other than the powers of the Registrar under section 5.
(3) There shall be one or more Assistant Registrars of Patents.IP/N/1/SGP/P/1
Page 6
(4) The Registrar and all the other officers under this section shall be appointed by
the Minister.
Delegation by Registrar.
5. — (1) The Registrar may, in relation to a particular matter or class of matters, by
writing under his hand, delegate all or any of his powers or functions under this Act
(except this power of delegation) to an Assistant Registrar of Patents or any publicofficer so that the delegated powers and functions may be exercised by the delegate
with respect to the matter or class of matters specified in the instrument of delegation.
(2) A delegation under this section is revocable at will and no delegation shall pre-
vent the exercise of a power or function by the Registrar or by any Deputy Registrar
of Patents.
Registry of Patents.
6. For the purposes of this Act, there shall be an office which shall be known as the
Registry of Patents.
Seal of Registry.
7. There shall be a seal of the Registry and impressions of the seal shall be judicially
noticed.
Powers of Registrar.
8. The Registrar may, for the purposes of this Act —
(a) summon witnesses;
(b) receive evidence on oath, whether orally or otherwise;
(c) require the production of documents or articles; and
(d) award costs against a party to proceedings before him.
Disobedience to summons an offence.
9. — (1) A person who has been summoned to appear as a witness before the Reg-
istrar shall not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who has been required by the Registrar to produce a document or ar-
ticle shall not, without lawful excuse, fail to produce the document or article.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for
a term not exceeding 3 months or to both.IP/N/1/SGP/P/1
Page 7
Refusal to give evidence an offence.
10. — (1) A person who appears before the Registrar shall not, without lawful ex-
cuse, refuse to be sworn or to make an affirmation, or to produce documents or arti-
cles, or to answer questions, which he is lawfully required to produce or answer.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for aterm not exceeding 3 months or to both.
Officers not to traffic in inventions.
11. — (1) An officer or person employed in the Registry shall not buy, sell, acquire
or traffic in an invention or patent, whether granted in Singapore or elsewhere, or in a
right to, or licence under, a patent, whether granted in Singapore or elsewhere.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a
term not exceeding 3 months or to both.
(3) A purchase, sale, acquisition, assignment or transfer made or entered into in
contravention of this section is void.
(4) This section shall not apply to the actual inventor or to an acquisition by bequest
or devolution in law.
Officers not to furnish information.
12. — (1) An officer or person employed in the Registry shall not, except when re-
quired or authorised by this Act, or under a direction in writing of the Registrar or by
order of a court —
(a) furnish information on a matter which is being, or has been, dealt with under
this Act;
(b) prepare, or assist in the preparation of, a document required or permitted by or
under this Act to be lodged in the Registry; or
(c) conduct a search in the records of the Registry.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a
term not exceeding 3 months or to both.
PART III
PATENTABILITY
Patentable inventions.
13. — (1) Subject to subsection (3), a patentable invention is one that satisfies the
following conditions:
Act 40/95IP/N/1/SGP/P/1
Page 8
(a) the invention is new;
(b) it involves an inventive step; and
(c) it is capable of industrial application.
(2)
Deleted by Act 40/95 wef 1.1.96
(3) An invention the publication or exploitation of which would be generally ex-
pected to encourage offensive, immoral or anti-social behaviour is not a patentable
invention.
(4) For the purposes of subsection (3), behaviour shall not be regarded as offensive,
immoral or anti-social only because it is prohibited by any law in force in Singapore.
(5)
Deleted by Act 40/95
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 mat-
ter (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 inany 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 in-
ventor because he or the inventor believed that he was entitled to obtain
it; orIP/N/1/SGP/P/1
Page 9
(ii) from any other person to whom the matter was made available in confi-
dence 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 theprescribed period, files written evidence in support of the statement
complying with any prescribed conditions; 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) For the purpose of subsection (4) ( d), “learned society” includes any club or as-
sociation 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 di-
agnosis practised on the human or animal body, the fact that the substance or com-position 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.
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).
Industrial application.
16. — (1) Subject to subsection (2), an invention shall be taken to be capable of in-
dustrial application if it can be made or used in any kind of industry, including agri-
culture.
(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.IP/N/1/SGP/P/1
Page 10
(3) Subsection (2) shall not prevent a product consisting of a substance or compo-
sition being treated as capable of industrial application merely because it is invented
for use in any such method.
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 theinvention) contained in the application is, except as provided by the provisions of this
Act, the date of filing the application.
(2) If in or in connection with an application for a patent (the application in suit) a
declaration is made, whether by the applicant or any predecessor in title of his, com-
plying with the relevant requirements of the rules and specifying one or more earlierrelevant applications for the purposes of this section made by the applicant or a pre-
decessor in title of his and each having a date of filing during the period of 12 months
immediately preceding the date of filing the application in suit, 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 wasdisclosed or, if it was disclosed in more than one relevant application, the
earliest of them;
(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.
(3) Where an invention or other matter contained in the application in suit was also
disclosed in two 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 spec-
ified) was unconditionally withdrawn, or was abandoned or refused, without
—
(i) having been made available to the public whether in Singapore or else-
where;
(ii) leaving any rights outstanding; and
(iii) having served to establish a priority date in relation to another application,
wherever made.IP/N/1/SGP/P/1
Page 11
(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 specified under section 89 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.
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 rel-
evant 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 rel-evant 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).
PART IV
RIGHT TO APPLY FOR AND OBTAIN PATENT
Right to apply for and obtain patent.
19. — (1) Any person may make an application for a patent either alone or jointly
with another.
(2) A patent for an invention may be granted —
(a) primarily to the inventor or joint inventors;
(b) in preference to paragraph ( a), to any person or persons who, by virtue of any
enactment or rule of law, or any foreign law or treaty or international
convention, or by virtue of an enforceable term of any agreement entered into
with the inventor before the making of the invention, was or were at the time
of the making of the invention entitled to the whole of the property in it
(other than equitable interests) in Singapore;IP/N/1/SGP/P/1
Page 12
(c) in any event, to the successor or successors in title of any person or persons
mentioned in paragraph ( a) or ( b) or any person so mentioned and the suc-
cessor or successors in title of another person so mentioned,
and to no other person.
(3) Except so far as the contrary is established, a person who makes an application
for a patent shall be taken to be the person who is entitled under subsection (2) to begranted a patent and 2 or more persons who make such an application jointly shall be
taken to be the persons so entitled.
Determination before grant of questions about entitlement to patents, etc.
20. — (1) At any time before a patent has been granted for an invention —
(a) any person may refer to the Registrar the question whether he is entitled to be
granted (alone or with any other persons) a patent for that invention or has or
would have any right in or under any patent so granted or any application for
such a patent; or
(b) any of 2 or more co-proprietors of an application for a patent for that inven-
tion may so refer the question whether any right in or under application
should be transferred or granted to any other person,
and the Registrar shall determine the question and may make such order as he thinks
fit to give effect to the determination.
(2) Where a person refers a question relating to an invention under subsection (1) ( a)
to the Registrar after an application for a patent for the invention has been filed and
before a patent is granted in pursuance of the application, then, unless the application
is refused or withdrawn before the reference is disposed of by the Registrar, the
Registrar may, without prejudice to the generality of subsection (1) and subject to
subsection (6) —
(a) order that the application shall proceed in the name of that person, either
solely or jointly with that of any other applicant or any specified applicant;
(b) where the reference was made by two or more persons, order that the appli-
cation shall proceed in all their names jointly;
(c) refuse to grant a patent in pursuance of the application or order the application
to be amended so as to exclude any of the matter in respect of which the
question was referred; or
(d) make an order transferring or granting any licence or other right in or under
the application and give directions to any person for carrying out the pro-
visions of any such order.
(3) Where a question is referred to the Registrar under subsection (1) ( a) and —
(a) the Registrar orders an application for a patent for the invention to which the
question relates to be so amended;IP/N/1/SGP/P/1
Page 13
(b) any such application is refused under subsection (2) ( c) before the Registrar
has disposed of the reference (whether the reference was made before or after
the publication of the application); or
(c) any such application is refused under any other provision of this Act or is
withdrawn before the Registrar has disposed of the reference, but after the
publication of the application,
the Registrar may order that any person by whom the reference was made may
within the prescribed period make a new application for a patent for the whole or part
of any matter comprised in the earlier application or, as the case may be, for all or any
of the matter excluded from the earlier application, subject in either case to section 84,
and in either case that, if such a new application is made, it shall be treated as havingbeen filed on the date of filing the earlier application.
(4) Where a person refers a question under subsection (1) ( b) relating to an appli-
cation, any order under subsection (1) may contain directions to any person for
transferring or granting any right in or under the application.
(5) If any person to whom directions have been given under subsection (2) ( d) or (4)
fails to do anything necessary for carrying out any such directions within 14 days after
the date of the directions, the Registrar may, on application made to him by anyperson in whose favour or on whose reference the directions were given, authorise
him to do that thing on behalf of the person to whom the directions were given.
(6) Where on a reference under this section it is alleged that, by virtue of any trans-
action, instrument or event relating to an invention or an application for a patent, any
person other than the inventor or the applicant for the patent has become entitled to be
granted (whether alone or with any other persons) a patent for the invention or has or
would have any right in or under any patent so granted or any application for any suchpatent, an order shall not be made under subsection (2) ( a), (b) or ( d) on the reference
unless notice of the reference is given to the applicant and any such person, except any
of them who is a party to the reference.
(7) If it appears to the Registrar on a reference of a question under this section that
the question involves matters which would more properly be determined by the court,
he may decline to deal with it and, without prejudice to the court’s jurisdiction to
determine any such question and make a declaration, the court shall have jurisdictionto do so.
(8) No direction shall be given under this section so as to affect the mutual rights or
obligations of trustees or of the personal representatives of deceased persons, or their
rights or obligations as such.
Determination after grant of questions referred before grant.
21. If a question with respect to a patent or application is referred by any person to
the Registrar under section 20, and is not determined before the time when the ap-plication is first in order for a grant of a patent in pursuance of the application, thatIP/N/1/SGP/P/1
Page 14
fact shall not prevent the grant of a patent, but on its grant that person shall be treated
as having referred to the Registrar under section 47 any question mentioned in that
section which the Registrar thinks appropriate.
Handling of application by joint applicants.
22. If any dispute arises between joint applicants for a patent whether or in what
manner the application should be proceeded with, the Registrar may, on a requestmade by any of the parties, give such directions as he thinks fit for enabling the ap-
plication to proceed in the name of one or more of the parties alone or for regulating
the manner in which it shall be proceeded with, or for both those purposes, as the case
may require.
Effect of transfer of application under section 20 or 22.
23. — (1) Where an order is made or directions are given under section 20 or 22 that
an application for a patent shall proceed in the name of one or some of the original
applicants (whether or not it is also to proceed in the name of some other person), any
licences or other rights in or under the application shall, subject to the provisions of
the order and any directions under either of those sections, continue in force and be
treated as granted by the persons in whose name the application is to proceed.
(2) Where an order is made or directions are given under section 20 that an appli-
cation for a patent shall proceed in the name of one or more persons none of whom
was an original applicant (on the ground that the original applicant or applicants was
or were not entitled to be granted the patent), any licences or other rights in or under
the application shall, subject to the provisions of the order and any directions under
that section and subject to subsection (3), lapse on the registration of the person or
those persons as the applicant or applicants or, where the application has not been
published, on the making of the order.
(3) If before registration of a reference under section 20 resulting in the making of
any order mentioned in subsection (2) —
(a) the original applicant or any of the applicants, acting in good faith, worked the
invention in question in Singapore or made effective and serious preparations
to do so; or
(b) a licensee of the applicant, acting in good faith, worked the invention in Sin-
gapore or made effective and serious preparations to do so,
that or those original applicant or applicants or the licensee shall, on making a re-
quest within the prescribed period to the person in whose name the application is to
proceed, be entitled to be granted a licence (but not an exclusive licence) to continue
working or, as the case may be, to work the invention.
(4) Any such licence shall be granted for a reasonable period and on reasonable
terms.IP/N/1/SGP/P/1
Page 15
(5) Where an order is made as mentioned in subsection (2), the person in whose
name the application is to proceed or any person claiming that he is entitled to be
granted any such licence may refer to the Registrar the question whether the latter is
so entitled and whether any such period is or terms are reasonable, and the Registrar
shall determine the question and may, if he considers it appropriate, order the grant of
such a licence.
Mention of inventor.
24. — (1) The inventor or joint inventors of an invention shall have a right to be
mentioned as such in any patent granted for the invention and shall also have a right to
be so mentioned if possible in any published application for a patent for the invention
and, if not so mentioned, a right to be so mentioned in accordance with the rules in aprescribed document.
(2) Unless he has already given the Registry the information mentioned in this sub-
section, an applicant for a patent shall, within the prescribed period, file with the
Registry a statement —
(a) identifying the person or persons whom he believes to be the inventor or in-
ventors; and
(b) where the applicant is not the sole inventor or the applicants are not the joint
inventors, indicating the derivation of his or their right to be granted the
patent,
and, if he fails to do so, the application shall be treated as having been abandoned.
(3) Where a person has been mentioned as a sole or joint inventor in pursuance of
this section, any other person who alleges that the former ought not to have been
mentioned may at any time apply to the Registrar for a certificate to that effect, and
the Registrar may issue such a certificate.
PART V
APPLICATIONS FOR PATENTS
Making of application.
25. — (1) Every application for a patent —
(a) shall be made in the prescribed form and shall be filed at the Registry in the
prescribed manner; and
(b) shall be accompanied by the fee prescribed for the purposes of this subsection.
(2) Where an application is not accompanied by the fee mentioned in subsection (1)
(b), the fee shall be paid within the prescribed period.
(3) Every application for a patent shall contain —
(a) a request for the grant of a patent;IP/N/1/SGP/P/1
Page 16
(b) a specification containing a description of the invention, a claim or claims and
any drawing referred to in the description or any claim; and
(c) an abstract,
but this subsection shall not prevent an application being initiated by documents
complying with section 26 (1).
(4) The specification of an application shall disclose the invention in a manner which
is clear and complete for the invention to be performed by a person skilled in the art.
(5) The claim or claims shall —
(a) define the matter for which the applicant seeks protection;
(b) be clear and concise;
(c) be supported by the description; and
(d) relate to one invention or to a group of inventions which are so linked as to
form a single inventive concept.
(6) Without prejudice to the generality of subsection (5) ( d), the rules may provide
for treating two or more inventions as being so linked as to form a single inventive
concept for the purposes of this Act.
(7) The purpose of the abstract is to give technical information and on publication it
shall not form part of the state of the art by virtue of section 14 (3), and the Registrarmay determine whether the abstract adequately fulfils its purpose and, if it does not,
may reframe it so that it does.
(8) An application for a patent may be withdrawn at any time before the patent is
granted and any withdrawal of such an application may not be revoked.
Date of filing application.
26. — (1) The date of filing an application for a patent shall, subject to the provisions
of this Act, be taken to be the earliest date on which the following considerations aresatisfied in relation to the application:
(a) the documents filed at the Registry contain an indication that a patent is
sought in pursuance of the application;
(b) those documents identify the applicant or applicants for the patent; and
(c) those documents contain a description of the invention and one or more claims
whether or not the description or the claim or claims complies with the other
provisions of this Act and with any relevant rules.
(2) Every application for a patent shall be examined on filing to determine whether
—
(a) the filing fee has been paid; and
(b) the application satisfies the requirements for the accordance of a filing date.IP/N/1/SGP/P/1
Page 17
(3) If a date of filing cannot be accorded, the Registrar shall give the applicant an
opportunity to correct the deficiencies, and if the deficiencies are not corrected within
the prescribed period, the application shall be treated as having been abandoned.
(4) If the filing fee has not been paid within the period prescribed under section 25
(2), the application shall be treated as having been abandoned.
(5) If before the grant of a patent under section 30 it is found that any drawing re-
ferred to in any such application is filed later than the date which by virtue of sub-
section (1) is to be treated as the date of filing the application, the Registrar shall give
the applicant an opportunity of requesting within the prescribed period that the date on
which the drawing is filed shall be treated for the purposes of this Act as the date of
filing the application, and —
(a) if the applicant makes any such request, the date of filing the drawing shall be
so treated; but
(b) otherwise any reference to the drawing in the application shall be treated as
omitted.
(6) Where, after an application for a patent has been filed and before the patent is
granted, a new application is filed by the original applicant or his successor in title in
accordance with the rules in respect of any part of the matter contained in the earlierapplication and the conditions mentioned in subsection (1) are satisfied in relation to
the new application (without the new application contravening section 84) the new
application shall be treated as having, as its date of filing, the date of filing the earlier
application.
(7) Nothing in subsection (5) shall be construed as affecting the power of the Reg-
istrar under section 107 (1) to correct errors or mistakes with respect to the filing of
drawings.
Publication of application.
27. — (1) Subject to section 33, where an application has a date of filing, then, as
soon as possible after the end of the prescribed period, the Registrar shall, unless the
application is withdrawn, treated as having been abandoned or refused before prep-
arations for its publication have been completed by the Registry, publish it as filed
(including not only the original claims but also any amendments of those claims and
new claims subsisting immediately before the completion of those preparations) andhe may, if so requested by the applicant, publish it as aforesaid during that period, and
in either event shall publish the fact and date of its publication in the journal.
(2) The Registrar may omit from the specification of a published application for a
patent any matter —
(a) which in his opinion disparages any person in a way likely to damage him; or
(b) the publication or exploitation of which would in his opinion be generally
expected to encourage offensive, immoral or anti-social behaviour.IP/N/1/SGP/P/1
Page 18
PART VI
PROCEDURE FOR GRANT OF PATENT
Examination as to form.
28. — (1) Where an application for a patent has a date of filing and is not withdrawn
or treated as having been abandoned, the Registrar shall, as soon as practicable after
the end of the prescribed period, examine the application so as to determine whetherthe application complies with those requirements of this Act and the rules which are
designated by the rules as formal requirements for the purposes of this Act.
(2) Where, after an examination under subsection (1), it is determined that not all the
formal requirements are complied with, the Registrar shall give the applicant an
opportunity to make observations and to amend the application within such period asthe Registrar may specify so as to comply with those requirements (subject, however,
to section 84), and, if the applicant fails to do so, the Registrar may refuse the
application.
Search and examination and corresponding international applications.
29. — (1) Where an application for a patent complies with all the formal require-
ments referred to in section 28 (1), the Registrar shall notify the applicant who shall
—
(a) file a request in the prescribed form and pay the prescribed fee for a search
report within the prescribed period;
(b) file a request in the prescribed form and pay the prescribed fee for a search
and examination report within the prescribed period; or
(c) where the applicant has filed, alone or jointly with any other person, a cor-
responding international application for a patent, not designating Singapore,
or a corresponding application for a patent at any prescribed patent office,furnish such detail as prescribed and within the prescribed period, of all the
corresponding international applications and the other corresponding
applications filed by him,
and if the applicant fails to make such request, pay the prescribed fee or furnish the
prescribed detail within the prescribed period, the application shall be treated as hav-
ing been abandoned at the end of the period prescribed under paragraph ( a), (b) or ( c),
whichever is the latest.
(2) Where the applicant has filed a request and paid the fee under subsection (1) ( a),
the Registrar shall cause the application to be subject to a search by an Examiner to
discover the relevant prior art contained in such documentation as may be prescribed.
(3) Upon receipt of the report of the search carried out under subsection (2), the
Registrar shall send to the applicant a copy of the report, and the applicant may,
within the prescribed period, file a request and pay the prescribed fee for an exami-
nation report on the application so as to determine whether the conditions specified inIP/N/1/SGP/P/1
Page 19
sections 13 and 25 (4) and (5) have been complied with, taking into consideration all
the relevant prior art, if any, referred to in the search report; and upon receipt of the
report, the Registrar shall send to the applicant a copy of the report.
(4) Where the applicant has furnished the prescribed details under subsection (1) ( c),
he shall, subject to subsection (5), within the prescribed period, file the prescribed
information in or translated into the English language relating to any one of thecorresponding international applications or other corresponding applications referred
to in subsection (1) ( c).
(5) The applicant may, instead of filing the prescribed information referred to in
subsection (4), within the prescribed period, either —
(a) file a copy of a search report in respect of any one of the corresponding in-
ternational applications or other corresponding applications referred to in
subsection (1) ( c), together with a request in the prescribed form and the
prescribed fee for an examination report; or
(b) file a request in the prescribed form and pay the prescribed fee, for a search
and examination report.
(6) Where the applicant has filed a request and paid the fee under subsection (1) ( b)
or (5) ( b), the Registrar shall cause the application to be subject to —
(a) a search by an Examiner to discover the relevant prior art contained in such
documentation as may be prescribed; and
(b) an examination by an Examiner so as to determine whether the conditions
specified in sections 13 and 25 (4) and (5) have been complied with, taking
into consideration all the relevant prior art, if any, discovered in the search;
and upon receipt of the search and examination report, the Registrar shall
send to the applicant a copy of the report.
(7) Where the applicant has filed a request and paid the fee under subsection (5) ( a),
the Registrar shall cause the application to be subject to an examination by an
Examiner so as to determine whether the conditions specified in sections 13 and 25 (4)
and (5) have been complied with, taking into consideration all the relevant prior art, if
any, referred to in the search report; and upon receipt of the examination report, the
Registrar shall send to the applicant a copy of the report.
(8) Where an international application for a patent (Singapore) has been filed by the
applicant and the international preliminary examination report is not established, the
applicant may, within the prescribed period file a request in the prescribed form and
pay the prescribed fee, for an examination report on the application so as to determine
whether the conditions specified in sections 13 and 25 (4) and (5) have been complied
with, taking into consideration all the relevant prior art, if any, referred to in the
international search report; and upon receipt of the examination report, the Registrar
shall send to the applicant a copy of the report.IP/N/1/SGP/P/1
Page 20
(9) For the purposes of this Part, “corresponding international application” and
“corresponding application”, in relation to an invention, mean an application for
protection filed, respectively, under the Patent Co-operation Treaty or with any pre-
scribed patent office in respect of the same or substantially the same invention as that
which is the subject of the application in suit, the application filed under the Patent
Co-operation Treaty or with the prescribed patent office being —
(a) the basis for a priority claim under section 17 in the application in suit; or
(b) subject to a priority claim based on the application in suit or an application
which is also the basis for a priority claim under section 17 in the application
in suit.
Grant of patent.
30. — (1) Where before the end of the prescribed period the conditions in subsection
(2) are satisfied, the Registrar shall grant the applicant a patent.
(2) The conditions referred to in subsection (1) are —
(a) that all the formal requirements have been complied with;
(b) in the case of an international application for a patent (Singapore) where
Singapore has been elected in accordance with Chapter II of the Patent Co-
operation Treaty, that the international preliminary examination report of theapplication has been received by the Registrar;
(c) in any other case, that the following reports or information have been received
by the Registrar:
(i) the search and examination report referred to in section 29 (6);
(ii) the search report and the examination report referred to in section 29 (3);
(iii) the search report referred to in section 29 (5) and the examination report
referred to in section 29 (7);
(iv) the examination report referred to in section 29 (8); or
(v) the prescribed information relating to any one of the corresponding inter-
national applications or other corresponding applications referred to in
section 29 (4); and
(d) that the prescribed fee for the grant of a patent has been paid.
(3) Notwithstanding subsection (1), the Registrar may refuse to grant a patent —
(a) in pursuance of more than one application where two or more applications for
a patent for the same invention having the same priority date have been filed
by the same applicant or his successor in title; or
(b) in respect of any invention referred to in section 13 (3).
Act 40/95 wef 1.1.96IP/N/1/SGP/P/1
Page 21
General power to amend application before grant.
31. — (1) If it appears to an Examiner during the examination of an application that
the conditions specified in sections 13 and 25 (4) and (5) have not been complied
with, the Examiner shall give the applicant at least one written opinion to that effect,
and the applicant shall before the examination report is issued have the right to —
(a) respond to the written opinion within any prescribed period; and
(b) amend the specification of the application in accordance with the prescribed
conditions and subject to section 84.
(2) Notwithstanding subsection (1), at any time before a patent is granted in pursu-
ance of an application, the applicant may, in accordance with the prescribed condi-
tions and subject to section 84, amend the application of his own volition.
Failure of application.
32. — (1) Where an application for a patent has not, before the end of such period as
may be prescribed, complied with the requirements of section 30 (2), the application
shall be treated as having been abandoned at the end of that period.
(2) If at the end of the prescribed period under subsection (1) an appeal to the court
is pending in respect of the application or the time within which such an appeal could
be brought has not expired, that period —
(a) where such an appeal is pending, or is brought within the said time or before
the expiration of any extension of that time granted (in the case of a first
extension) on an application made within that time or (in the case of a sub-
sequent extension) on an application made before the expiration of the last
previous extension, shall be extended until such date as the court may de-
termine;
(b) where no such appeal is pending or is so brought, shall continue until the end
of the said time or, if any extension of that time is so granted, until the ex-
piration of the extension or last extension so granted.
Information prejudicial to defence of Singapore or safety of public.
33. — (1) Where an application for a patent is filed in the Registry (whether under
this Act or any treaty or international convention to which Singapore is a party) and it
appears to the Registrar that the application contains information of a description
notified to him by the Minister as being information the publication of which might beprejudicial to the defence of Singapore, the Registrar shall give directions prohibiting
or restricting the publication of that information or its communication to any specified
person or description of persons.
(2) If it appears to the Registrar that any application so filed contains information the
publication of which might be prejudicial to the safety of the public, he may give
directions prohibiting or restricting the publication of that information or its com-IP/N/1/SGP/P/1
Page 22
munication to any specified person or description of persons until the end of a period
not exceeding 3 months from the end of a period prescribed for the purposes of sec-
tion 27.
(3) While directions are in force under this section with respect to an application —
(a) if the application is made under this Act, it will be held in abeyance after the
formal requirements of this Act and the rules have been met and will notproceed to be processed in accordance with section 29 until the directions are
revoked under subsection (4) ( e); and
(b) if it is an international application for a patent, a copy of it shall not be sent to
the International Bureau or any international searching authority appointed
under the Patent Co-operation Treaty.
(4) Where the Registrar gives directions under this section with respect to any ap-
plication, he shall give notice of the application and of the directions to the Minister,
and the following provisions shall then have effect:
(a) the Minister shall, on receipt of the notice, consider whether the publication of
the application or the publication or communication of the information in
question would be prejudicial to the defence of Singapore or the safety of the
public;
(b) if the Minister determines under paragraph ( a) that the publication or com-
munication of that information would be prejudicial to the safety of the
public, he shall notify the Registrar who shall continue his directions under
subsection (2) until they are revoked under paragraph ( e);
(c) if the Minister determines under paragraph ( a) that the publication of the ap-
plication or the publication or communication of that information would be
prejudicial to the defence of Singapore or the safety of the public, he shall(unless a notice under paragraph ( d) has previously been given by the Min-
ister to the Registrar) reconsider that question during the period of 9 months
from the date of filing the application and at least once in every subsequent
period of 12 months;
(d) if on consideration of an application at any time it appears to the Minister that
the publication of the application or the publication or communication of the
information contained in it would not, or would no longer, be prejudicial tothe defence of Singapore or the safety of the public, he shall give notice to
the Registrar to that effect; and
(e) on receipt of such a notice the Registrar shall revoke the directions and may,
subject to such conditions (if any) as he thinks fit, extend the time for doing
anything required or authorised to be done by or under this Act in connection
with the application, whether or not that time has previously expired.
(5) The Minister may at any time, for the purpose of enabling him to decide the
question referred to in subsection (4) ( c), do one or both of the following, that is toIP/N/1/SGP/P/1
Page 23
say, inspect or authorise any person to inspect the application and any documents sent
to the Registrar in connection with it and where a person is authorised to carry out
such inspection, he shall as soon as practicable report on his inspection to the
Minister.
(6) Where directions given under this section in respect of an application for a patent
for an invention are revoked, and the application is brought in order for the grant of apatent and a patent is granted for the invention, then —
(a) if while the directions are in force the invention is worked by (or with the
written authorisation of or to the order of) a Government department, the
provisions of Part XII shall apply as if —
(i) the working were use made by section 61;(ii) the application had been published at the end of the prescribed period or at
the time the directions were revoked, whichever is earlier; and
(iii) a patent had been granted for the invention at the time the application is
brought in order for the grant of a patent (taking the terms of the patent
to be those of the application as it stood at the time it was so brought in
order); and
(b) if it appears to the Minister that the applicant for the patent has suffered
hardship while the directions were in force, the Minister may make such
payment (if any) by way of compensation to the applicant as appears to the
Minister to be reasonable having regard to the inventive merit and utility of
the invention, the purpose for which it is designed and any other relevant
circumstances.
(7) Where a patent is granted in pursuance of an application in respect of which di-
rections have been given under this section, no renewal fees shall be payable in re-spect of any period during which those directions were in force.
(8) Any person who fails to comply with any direction under 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 2 years or to both.
(9) Nothing in this section shall prevent the disclosure of information concerning an
invention to a Government department or authority for the purpose of obtaining advice
as to whether directions under this section with respect to an application for a patentfor that invention should be made, amended or revoked.
Restrictions on applications abroad by Singapore residents.
34. — (1) Subject to this section, no person resident in Singapore shall, without
written authority granted by the Registrar, file or cause to be filed outside Singapore
an application for a patent for an invention unless —
(a) an application for a patent for the same invention has been filed in the Reg-
istry not less than two months before the application outside Singapore; andIP/N/1/SGP/P/1
Page 24
(b) no directions have been given under section 33 in relation to the application in
Singapore or all such directions have been revoked.
(2) Subsection (1) shall not apply to an application for a patent for an invention for
which an application for a patent has first been filed in a country outside Singapore by
a person resident outside Singapore.
(3) Any person who files or causes to be filed an application for the grant of a patent
in contravention of 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
2 years or to both.
(4) In this section —
(a) any reference to an application for a patent includes a reference to an appli-
cation for other protection for an invention;
(b) any reference to either kind of application is a reference to an application
under this Act, under the law of any country other than Singapore or under
any treaty or international convention to which Singapore is a party; and
(c) “person resident in Singapore” includes a person who, at the material time, is
residing in Singapore by virtue of a valid pass lawfully issued to him under
the Immigration Act to enter and remain in Singapore for any purpose.
Cap. 133.
PART VII
PROVISIONS AS TO PATENTS AFTER GRANT
Publication and certificate of grant.
35. — (1) As soon as practicable after a patent has been granted under this Act, the
Registrar shall publish in the journal a notice that it has been granted.
(2) The Registrar shall, as soon as practicable after he publishes a notice under sub-
section (1), send the proprietor of the patent a certificate in the prescribed form that
the patent has been granted to the proprietor.
(3) The Registrar shall, at the same time as he publishes a notice under subsection (1)
in relation to a patent, publish the specification of the patent, the names of the
proprietor and (if different) the inventor and any other matters (including the pre-scribed information under sections 29 and 30) constituting or relating to the patent
which in the Registrar’s opinion it is desirable to publish.IP/N/1/SGP/P/1
Page 25
Term of patent.
36. — (1) A patent granted under this Act shall be treated for the purposes of this Act
as having been granted, and shall take effect on the date on which notice of its grant is
published in the journal and, subject to subsection (2), shall continue in force until the
end of the period of 20 years beginning with the date of filing the application for the
patent or with such other date as may be prescribed.
(2) A patent shall cease to have effect at the end of the prescribed period for the
payment of any renewal fee if it is not paid within that period.
(3) If during the period of 6 months immediately following the end of the prescribed
period the renewal fee and any prescribed additional fee are paid, the patent shall be
treated for the purposes of this Act as if it had never expired, and accordingly —
(a) anything done under or in relation to it during that further period shall be
valid;
(b) an act which would constitute an infringement of it if it had not expired shall
constitute such an infringement; and
(c) an act which would constitute the use of the patented invention for the services
of the Government if the patent had not expired shall constitute that use.
(4) Rules shall include provision requiring the Registrar to notify the registered
proprietor of a patent that a renewal fee has not been received from him in the Reg-
istry before the end of the prescribed period and before the framing of the notification
and requiring the proprietor of a patent in force by virtue of section 116 (3) to furnish
to the Registrar —
(a) where the patent is renewed for the first time under this section, a statutory
declaration stating that the patent remains in force in the United Kingdom;
and
(b) for every subsequent renewal under this section, a statutory declaration stating
that the patent has not been revoked in the United Kingdom,
at the time of the payment of any renewal fee.
Patent not to be impugned for lack of unity.
37. No person may in any proceeding object to a patent or to an amendment of a
specification of a patent on the ground that the claims contained in the specification of
the patent, as they stand or, as the case may be, as proposed to be amended, relate —
(a) to more than one invention; or
(b) to a group of inventions which are not so linked as to form a single inventive
concept.IP/N/1/SGP/P/1
Page 26
General power to amend specification after grant.
38. — (1) Subject to this section and to section 84, the Registrar may, on an appli-
cation made by the proprietor of a patent, allow the specification of the patent to be
amended subject to such conditions, if any, as he thinks fit.
(2) No such amendment shall be allowed under this section where there are pending
before the court or the Registrar proceedings in which the validity of the patent maybe put in issue.
(3) An amendment of a specification of a patent under this section shall have effect
and be deemed always to have had effect from the grant of the patent.
(4) A person may give notice to the Registrar of his opposition to an application
under this section by the proprietor of a patent, and if he does so the Registrar shallnotify the proprietor and consider the opposition in deciding whether to grant the ap-
plication.
Restoration of lapsed patents.
39. — (1) Where a patent has ceased to have effect by reason of a failure to pay any
renewal fee, an application for the restoration of the patent may be made to the Reg-
istrar within the prescribed period.
(2) An application under this section may be made by the person who was the pro-
prietor of the patent or by any other person who would have been entitled to the patent
if it had not ceased to have effect; and where the patent was held by 2 or more persons
jointly, the application may, with the leave of the Registrar, be made by one or more
of them without joining the others.
(3) Notice of the application shall be published by the Registrar in the prescribed
manner.
(4) If the Registrar is satisfied that the proprietor of the patent took reasonable care
to see that any renewal fee was paid within the prescribed period or that that fee and
any prescribed additional fee were paid within the 6 months immediately following
the end of that period, the Registrar shall by order restore the patent on payment of
any unpaid renewal fee and any prescribed additional fee.
(5) An order under this section may be made subject to such conditions as the Reg-
istrar thinks fit (including a condition requiring compliance with any provisions of the
rules relating to registration which have not been complied with), and if the proprietorof the patent does not comply with any such condition of the order, the Registrar may
revoke the order and give such directions consequential on the revocation as he thinks
fit.
(6) The effect of an order for the restoration of a patent shall be as provided in sub-
sections (7) to (11).
(7) Anything done under or in relation to the patent during the period between expiry
and restoration shall be treated as valid.IP/N/1/SGP/P/1
Page 27
(8) Anything done during that period which would have constituted an infringement
if the patent had not expired shall be treated as an infringement —
(a) if done at a time when it was possible for the patent to be renewed under sec-
tion 36 (3);
(b) if it was a continuation or repetition of an earlier infringing act.
(9) If after it was no longer possible for the patent to be so renewed, and before pub-
lication of notice of the application for restoration, a person —
(a) began in good faith to do an act which would have constituted an infringement
of the patent if it had not expired; or
(b) made in good faith effective and serious preparations to do such an act,
he has the right to continue to do the act or, as the case may be, to do the act, not-
withstanding the restoration of the patent; but this right does not extend to granting a
licence to another person to do the act.
(10) If the act was done, or the preparations were made, in the course of a business,
the person entitled to the right conferred by subsection (9) may —
(a) authorise the doing of that act by any partners of his for the time being in that
business; and
(b) assign that right, or transmit it on death (or in the case of a body corporate on
its dissolution), to any person who acquires that part of the business in the
course of which the act was done or the preparations were made.
(11) Where a product is disposed of to another in exercise of the rights conferred by
subsection (9) or (10), that other and any person claiming through him may deal with
the product in the same way as if it had been disposed of by the registered proprietor
of the patent.
(12) Subsections (7) to (11) shall apply in relation to the use of a patent for the ser-
vices of the Government as they apply in relation to infringement of the patent.
Surrender of patents.
40. — (1) The proprietor of a patent may at any time by notice given to the Registrar
offer to surrender his patent.
(2) A person may give notice to the Registrar of his opposition to the surrender of a
patent under this section, and if he does so the Registrar shall notify the proprietor of
the patent and determine the question.
(3) If the Registrar is satisfied that the patent may properly be surrendered, he may
accept the offer and, as from the date when notice of his acceptance is published in the
journal, the patent shall cease to have effect, but no action for infringement shall lie in
respect of any act done before that date and no right to compensation shall accrue for
any use of the patented invention before that date for the services of the Government.IP/N/1/SGP/P/1
Page 28
PART VIII
PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS AND
REGISTRATION
Nature of, and transactions in, patents and applications for patents.
41. — (1) Any patent or application for a patent is personal property (without being a
thing in action), and any patent or any such application and rights in or under it maybe transferred, created or granted in accordance with this section.
(2) Subject to section 46 (3), any patent or any such application, or any right in it,
may be assigned or mortgaged.
(3) Any patent or any such application or right shall vest by operation of law in the
same way as any other personal property and may be vested by an assent of personalrepresentatives.
(4) Subject to section 46 (3), a licence may be granted under any patent or any such
application for working the invention which is the subject of the patent or the appli-
cation; and —
(a) to the extent that the licence so provides, a sub-licence may be granted under
any such licence and any such licence or sub-licence may be assigned or
mortgaged; and
(b) any such licence or sub-licence shall vest by operation of law in the same way
as any other personal property and may be vested by an assent of personal
representatives.
(5) Subsections (2) to (4) shall have effect subject to the provisions of this Act.
(6) Any of the following transactions, that is to say —
(a) any assignment or mortgage of a patent or any such application, or any right in
a patent or any such application;
(b) any assent relating to any patent or any such application or right,
shall be void unless it is in writing and is signed by or on behalf of the parties to the
transaction (or, in the case of an assent or other transaction by a personal repre-
sentative, by or on behalf of the personal representative) or in the case of a body cor-
porate is so signed or is under the seal of that body.
(7) An assignment of a patent or any such application or a share in it, and an exclu-
sive licence granted under any patent or any such application, may confer on the as-signee or licensee the right of the assignor or licensor to bring proceedings by virtue
of section 67 or 76 for a previous infringement or to bring the proceedings under sec-
tion 64 for a previous act.IP/N/1/SGP/P/1
Page 29
Register of patents.
42. — (1) There shall be kept at the Registry a register of patents which shall comply
with the rules made by virtue of this section and shall be kept in accordance with such
rules.
(2) Without prejudice to any other provisions of this Act or the rules, the rules may
make provision with respect to the following matters, including provision imposingrequirements as to any of those matters:
(a) the registration of patents and of published applications for patents;
(b) the registration of transactions, instruments or events affecting rights in or
under patents and applications;
(c) the furnishing to the Registrar of any prescribed documents or description of
documents in connection with any matter which is required to be registered;
(d) the correction of errors in the register and in any documents filed at the Reg-
istry in connection with registration; and
(e) the publication and advertisement of anything done under this Act or the rules
in relation to the register.
(3) Notwithstanding anything in subsection (2) ( b), no notice of any trust, whether
express, implied or constructive, shall be entered in the register and the Registrar shallnot be affected by any such notice.
(4) The register need not be kept in documentary form.
(5) Subject to the rules, the public shall have a right to inspect the register at the
Registry at all convenient times.
(6) Any person who applies for a certified copy of an entry in the register or a cer-
tified extract from the register shall be entitled to obtain such a copy or extract on
payment of a fee prescribed in relation to certified copies and extracts; and the rulesmay provide that any person who applies for an uncertified copy or extract shall be
entitled to such a copy or extract on payment of a fee prescribed in relation to uncer-
tified copies and extracts.
(7) Applications under subsection (6) or the rules made by virtue of that subsection
shall be made in such manner as may be prescribed.
(8) In relation to any portion of the register kept otherwise than in documentary form
—
(a) the right of inspection conferred by subsection (5) is a right to inspect the
material on the register; and
(b) the right to a copy or extract conferred by subsection (6) or the rules is a right
to a copy or extract in a form in which it can be taken away and in which it is
visible and legible.IP/N/1/SGP/P/1
Page 30
Effect of registration, etc., on rights in patents.
43. — (1) Any person who claims to have acquired the property in a patent or ap-
plication for a patent by virtue of any transaction, instrument or event to which this
section applies shall be entitled as against any other person who claims to have ac-
quired that property by virtue of an earlier transaction, instrument or event to which
this section applies if, at the time of the later transaction, instrument or event —
(a) the earlier transaction, instrument or event was not registered;
(b) in the case of any application which has not been published, notice of the
earlier transaction, instrument or event had not been given to the Registrar;
and
(c) in any case, the person claiming under the later transaction, instrument or
event did not know of the earlier transaction, instrument or event.
(2) Subsection (1) shall apply equally to the case where any person claims to have
acquired any right in or under a patent or application for a patent, by virtue of a trans-
action, instrument or event to which this section applies, and that right is incompatible
with any such right acquired by virtue of an earlier transaction, instrument or event to
which this section applies.
(3) This section shall apply to the following transactions, instruments and events:
(a) the assignment of a patent or application for a patent, or a right in it;
(b) the mortgage of a patent or application;
(c) the grant or assignment of a licence or sub-licence, or mortgage of a licence or
sub-licence, under a patent or application;
(d) the death of the proprietor or one of the proprietors of any such patent or ap-
plication or any person having a right in or under a patent or application and
the vesting by an assent of personal representatives of a patent, application orany such right; and
(e) any order or directions of a court or other competent authority —
(i) transferring a patent or application or any right in or under it to any person;
or
(ii) that an application should proceed in the name of any person,
and in either case the event by virtue of which the court or authority had
power to make any such order or give any such directions.
(4) Where an application for the registration of a transaction, instrument or event has
been made, but the transaction, instrument or event has not been registered, then, for
the purposes of subsection (1) ( a), registration of the application shall be treated as
registration of the transaction, instrument or event.IP/N/1/SGP/P/1
Page 31
Rectification of register.
44. — (1) The court may, on the application of any person aggrieved, order the reg-
ister to be rectified by the making, or the variation or deletion, of any entry in it.
(2) In proceedings under this section, the court may determine any question which
may be necessary or expedient to decide in connection with the rectification of the
register.
Evidence of register, documents, etc.
45. — (1) The register shall be prima facie evidence of anything required or autho-
rised by this Act or the rules to be registered.
(2) A certificate purporting to be signed by the Registrar and certifying that any entry
which he is authorised by this Act or rules to make has or has not been made, or thatany other thing which he is so authorised to do has or has not been done, shall be
prima facie evidence of the matter so certified.
(3) Each of the following, that is to say —
(a) a copy of an entry in the register or an extract from the register which is sup-
plied under section 42 (6);
(b) a copy of any document kept in the Registry or an extract from any such doc-
ument; or
(c) any specification of a patent or any application for a patent which has been
published,
which purports to be a certified copy or a certified extract shall be admitted in ev-
idence without further proof and without production of the original.
(4) In this section, “certified copy” and “certified extract” mean a copy and an ex-
tract certified by the Registrar and sealed with the seal of the Registry.
Co-ownership of patents and applications for patents.
46. — (1) Where a patent is granted to 2 or more persons, each of them shall, subject
to any agreement to the contrary, be entitled to an equal undivided share in the patent.
(2) Where 2 or more persons are proprietors of a patent, then, subject to this section
and subject to any agreement to the contrary —
(a) each of them shall be entitled, by himself or his agents, to do in respect of the
invention, for his own benefit and without the consent of or the need to
account to the other or others, any act which would, apart from this subsec-tion and section 61, amount to an infringement of the patent; and
(b) any such act shall not amount to an infringement of the patent.
(3) Subject to sections 20 and 47 and to any agreement for the time being in force,
where 2 or more persons are proprietors of a patent, one of them shall not without theIP/N/1/SGP/P/1
Page 32
consent of the other or others grant a licence under the patent or assign or mortgage a
share in the patent.
(4) Subject to sections 20 and 47 where two or more persons are proprietors of a
patent, anyone else may supply one of those persons with the means, relating to an
essential element of the invention, for putting the invention into effect, and the supply
of those means by virtue of this subsection shall not amount to an infringement of thepatent.
(5) Where a patented product is disposed of by any of two or more proprietors to any
person, that person and any other person claiming through him shall be entitled to deal
with the product in the same way as if it had been disposed of by a sole registered
proprietor.
(6) Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of
trustees or of the personal representatives of a deceased person, or their rights or ob-
ligations as such.
(7) This section shall have effect in relation to an application for a patent which is
filed as it has effect in relation to a patent and —
(a) references to a patent and a patent being granted shall accordingly include
references respectively to any such application and to the application beingfiled; and
(b) the reference in subsection (5) to a patented product shall be construed ac-
cordingly.
Determination of right to patent after grant.
47. — (1) After a patent has been granted for an invention, any person having or
claiming a proprietary interest in or under the patent may refer to the Registrar the
question —
(a) who is or are the true proprietor or proprietors of the patent;
(b) whether the patent should have been granted to the person or persons to whom
it was granted; or
(c) whether any right in or under the patent should be transferred or granted to
any other person or persons,
and the Registrar shall determine the question and make such order as he thinks fit to
give effect to the determination.
(2) Without prejudice to the generality of subsection (1), an order under that sub-
section may contain provision —
(a) directing that the person by whom the reference is made under that subsection
shall be included (whether or not to the exclusion of any other person) among
the persons registered as proprietors of the patent;IP/N/1/SGP/P/1
Page 33
(b) directing the registration of a transaction, instrument or event by virtue of
which that person has acquired any right in or under the patent;
(c) granting any licence or other right in or under the patent; and
(d) directing the proprietor of the patent or any person having any right in or un-
der the patent to do anything specified in the order as necessary to carry out
the other provisions of the order.
(3) If any person to whom directions have been given under subsection (2) ( d) fails
to do anything necessary for carrying out any such directions within 14 days after the
date of the order containing the directions, the Registrar may, on an application made
to him by any person in whose favour or on whose reference the order containing the
directions was made, authorise him to do that thing on behalf of the person to whomthe directions were given.
(4) Where the Registrar finds on a reference under this section that the patent was
granted to a person not entitled to be granted that patent (whether alone or with other
persons) and on an application made under section 80 makes an order on that ground
for the conditional or unconditional revocation of the patent, the Registrar may order
that the person by whom the application was made or his successor in title may, sub-
ject to section 84, make a new application for a patent —
(a) in the case of unconditional revocation, for the whole of the matter comprised
in the specification of that patent; and
(b) in the case of conditional revocation, for the matter which in the opinion of the
Registrar should be excluded from that specification by amendment under
section 83,
and where such a new application is made, it shall be treated as having been filed on
the date of filing the application for the patent to which the reference relates.
(5) On any reference under subsection (1), no order shall be made under this section
transferring the patent to which the reference relates on the ground that the patent was
granted to a person not so entitled, and no order shall be made under subsection (4) on
that ground if the reference was made after the end of the period of 2 years beginning
with the date of the grant, unless it is shown that any person registered as a proprietor
of the patent knew at the time of the grant or, as the case may be, of the transfer of the
patent to him that he was not entitled to the patent.
(6) An order under this section shall not be so made as to affect the mutual rights or
obligations of trustees or of the personal representatives of a deceased person, or their
rights or obligations as such.
(7) Where a question is referred to the Registrar under this section, an order shall not
be made by virtue of subsection (2) or under subsection (4) on the reference unless
notice of the reference is given to all persons registered as proprietor of the patent or
as having a right in or under the patent, except those who are parties to the reference.IP/N/1/SGP/P/1
Page 34
(8) If it appears to the Registrar on a reference under this section that the question
referred to him would more properly be determined by the court, he may decline to
deal with it and, without prejudice to the court’s jurisdiction to determine any such
question and make a declaration, the court shall have jurisdiction to do so.
(9) The court shall not in the exercise of any such declaratory jurisdiction determine
a question whether a patent was granted to a person not entitled to be granted thepatent if the proceedings in which the jurisdiction is invoked were commenced after
the end of the period of 2 years beginning with the date of the grant of the patent,
unless it is shown that any person registered as a proprietor of the patent knew at the
time of the grant or, as the case may be, of the transfer of the patent to him that he was
not entitled to the patent.
Effect of transfer of patent under section 47.
48. — (1) Where an order is made under section 47 that a patent shall be transferred
from any person or persons (the old proprietor or proprietors) to one or more persons
(whether or not including an old proprietor) then, except in a case falling within sub-
section (2), any licences or other rights granted or created by the old proprietor or
proprietors shall, subject to section 43 and to the provisions of the order, continue in
force and be treated as granted by the person or persons to whom the patent is orderedto be transferred (the new proprietor or proprietors).
(2) Where an order is so made that a patent shall be transferred from the old pro-
prietor or proprietors to one or more persons none of whom was an old proprietor (on
the ground that the patent was granted to a person not entitled to be granted the
patent), any licences or other rights in or under the patent shall, subject to the provi-
sions of the order and subsection (3), lapse on the registration of that person or those
persons as the new proprietor or proprietors of the patent.
(3) Where an order is so made that a patent shall be transferred as mentioned in sub-
section (2) or that a person other than an old proprietor may make a new application
for a patent and before the reference of the question under that section resulting in the
making of any such order is registered, the old proprietor or proprietors or a licensee
of the patent, acting in good faith, worked the invention in question in Singapore or
made effective and serious preparations to do so, the old proprietor or proprietors or
the licensee shall, on making a request to the new proprietor or proprietors within theprescribed period, be entitled to be granted a licence (but not an exclusive licence) to
continue working or, as the case may be, to work the invention, so far as it is the
subject of the new application.
(4) Any such licence shall be granted for a reasonable period and on reasonable
terms.
(5) The new proprietor or proprietors of the patent or any person claiming that he is
entitled to be granted any such licence may refer to the Registrar the question whetherthat person is so entitled and whether any such period is or terms are reasonable, andIP/N/1/SGP/P/1
Page 35
the Registrar shall determine the question and may, if he considers it appropriate,
order the grant of such a licence.
PART IX
EMPLOYEES’ INVENTIONS
Right to employees’ inventions.
49. — (1) Notwithstanding anything in any rule of law, an invention made by an
employee shall, as between him and his employer, be taken to belong to his employer
for the purposes of this Act and all other purposes if —
(a) the invention was made in the course of the normal duties of the employee or
in the course of duties falling outside his normal duties, but specifically
assigned to him, and the circumstances in either case were such that an in-vention might reasonably be expected to result from the carrying out of his
duties; or
(b) the invention was made in the course of the duties of the employee and, at the
time of making the invention, because of the nature of his duties and the
particular responsibilities arising from the nature of his duties he had a
special obligation to further the interests of the employer’s undertaking.
(2) Any other invention made by an employee shall, as between him and his em-
ployer, be taken for those purposes to belong to the employee.
(3) Where by virtue of this section an invention belongs, as between him and his
employer, to an employee, nothing done —
(a) by or on behalf of the employee or any person claiming under him for the
purposes of pursuing an application for a patent; or
(b) by any person for the purpose of performing or working the invention,
shall be taken to infringe any copyright or design right to which, as between him and
his employer, his employer is entitled in any model or document relating to the
invention.
(4) In subsection (3), the reference to application for a patent includes an application
for other protection for an invention, and includes an application for a patent or any
other protection under the law of a country other than Singapore or under any treaty to
which Singapore is a party.
Supplementary provisions.
50. — (1) This Part shall not apply to an invention made before 23rd February 1995.
(2) This Part shall not apply to an invention made by an employee unless at the time
he made the invention one of the following conditions was satisfied in his case:
(a) he was mainly employed in Singapore; orIP/N/1/SGP/P/1
Page 36
(b) he was not mainly employed anywhere or his place of employment could not
be determined, but his employer had a place of business in Singapore to
which the employee was attached, whether or not he was also attached
elsewhere.
(3) In this Part, except so far as the context otherwise requires, references to the
making of an invention by an employee are references to his making it alone or jointlywith any other person, but do not include references to his merely contributing advice
or other assistance in the making of an invention by another employee.
(4) Any references in section 49 to a patent and to a patent being granted are re-
spectively references to a patent or other protection and to its being granted whether
under the law of Singapore or the law in force in any other country or under any treatyor international convention.
(5) Nothing in this Part shall be construed as precluding the operation of an agree-
ment or a contract in relation to the right to an invention.
PART X
CONTRACTS AS TO PATENTED PRODUCTS
Avoidance of certain restrictive conditions.
51. — (1) Subject to this section, any condition or term of a contract for the supply of
a patented product or of a licence to work a patented invention, or of a contract
relating to any such supply or licence, shall be void in so far it purports —
(a) in the case of a contract for supply, to require the person supplied to acquire
from the supplier, or his nominee, or prohibit him from acquiring from any
specified person, or from acquiring except from the supplier or his nominee,
anything other than the patented product;
(b) in the case of a licence to work a patented invention, to require the licensee to
acquire from the licensor or his nominee, or prohibit him from acquiring
from any specified person, or from acquiring except from the licensor or his
nominee, anything other than the product which is the patented invention or
(if it is a process) other than any product obtained directly by means of the
process or to which the process has been applied;
(c) in either case, to prohibit the person supplied or the licensee from using ar-
ticles (whether patented products or not) which are not supplied by, or anypatented process which does not belong to, the supplier or licensor, or his
nominee, or to restrict the right of the person supplied or the licensee to use
any such articles or process.
(2) In proceedings against any person for infringement of a patent, it shall be a de-
fence to prove that at the time of the infringement there was in force a contract re-
lating to the patent made by or with the consent of the plaintiff or a licence under the
patent granted by him or with his consent and containing in either case a condition orterm void by virtue of this section.IP/N/1/SGP/P/1
Page 37
(3) A condition or term of a contract or licence shall not be void by virtue of this
section if —
(a) at the time of the making of the contract or granting of the licence, the sup-
plier or licensor was willing to supply the product, or grant a licence to work
the invention, as the case may be, to the person supplied or the licensee, on
reasonable terms specified in the contract or licence and without any suchcondition or term as is mentioned in subsection (1); and
(b) the person supplied or the licensee is entitled under the contract or licence to
relieve himself of his liability to observe the condition or term on giving to
the other party 3 months’ notice in writing, and subject to payment to that
other party of such compensation (being, in the case of a contract to supply, alump sum or rent for the residue of the term of the contract and, in the case of
a licence, a royalty for the residue of the term of the licence) as may be
determined by an arbitrator appointed by the Minister.
(4) If in any proceedings it is alleged that any condition or term of a contract or
licence is void by virtue of this section, it shall lie on the supplier or licensor to prove
the matters set out in subsection (3) ( a).
(5) A condition or term of a contract or licence shall not be void by virtue of this
section by reason only that it prohibits any person from selling goods other than those
supplied by a specific person or, in the case of a contract for the hiring of or licence to
use a patented product, that it reserves to the bailor or licensor, or his nominee, the
right to supply such new parts of the patented product as may be required to put or
keep it in repair.
Determination of parts of certain contracts.
52. — (1) Any contract for the supply of a patented product or licence to work a
patented invention, or contract relating to any such supply or licence, may at any time
after the patent or all the patents by which the product or invention was protected at
the time of the making of the contract or granting of the licence has or have ceased to
be in force, and notwithstanding anything to the contrary in the contract or licence or
in any other contract, be determined, to the extent (and only to the extent) that the
contract or licence relates to the product or invention, by either party on giving 3
months’ notice in writing to the other party.
(2) In subsection (1), “patented product” and “patented invention” include respec-
tively a product and an invention which is the subject of an application for a patent,
and that subsection shall apply in relation to a patent by which any such product or
invention was protected and which was granted after the time of the making of the
contract or granting of the licence, on an application which had been filed before that
time, as it applies to a patent in force at that time.
(3) If, on an application under this section made by either party to a contract or li-
cence falling within subsection (1), the court is satisfied that, in consequence of the
patent or patents ceasing to be in force, it would be unjust to require the applicant toIP/N/1/SGP/P/1
Page 38
continue to comply with all the terms and conditions of the contract or licence, the
court may make such order varying those terms or conditions as, having regard to all
the circumstances of the case, it thinks just as between the parties.
(4) Without prejudice to any other right of recovery, nothing in subsection (1) shall
be taken to entitle any person to recover property let under a hire-purchase agreement
within the meaning of the Hire-Purchase Act.
Cap. 125.
(5) This section shall apply to contracts and licences whether made before or after
23rd February 1995.
(6) This section shall be without prejudice to any rule of law relating to the frustra-
tion of contracts and any right of determining a contract or licence exercisable apart
from this section.
PART XI
LICENCES OF RIGHT AND COMPULSORY LICENCES
Licences of right.
53. — (1) At any time after the grant of a patent, its proprietor may apply to the
Registrar for an entry to be made in the register to the effect that licences under the
patent are to be available as of right.
(2) Where an application under subsection (1) is made, the Registrar shall give notice
of the application to any person registered as having a right in or under the patent and,
if satisfied that the proprietor of the patent is not precluded by contract from granting
licences under the patent, shall make that entry.
(3) Where an entry under subsection (2) is made in respect of a patent —
(a) any person shall, at any time after the entry is made, be entitled as of right to a
licence under the patent on such terms as may be settled by agreement or, in
default of agreement, by the Registrar on the application of the proprietor of
the patent or the person requiring the licence;
(b) the Registrar may, on the application of the holder of any licence granted
under the patent before the entry was made, order the licence to be ex-
changed for a licence of right on terms so settled;
(c) if, in proceedings for infringement of the patent, the defendant undertakes to
take a licence on such terms, no injunction shall be granted against him and
the amount (if any) recoverable against him by way of damages shall not
exceed twice the amount which would have been payable by him as licensee
if such a licence on those terms had been granted before the earliest in-fringement;
(d) the renewal fee payable in respect of the patent after the date of the entry shall
be half the fee which would be payable if the entry had not been made.IP/N/1/SGP/P/1
Page 39
(4) An undertaking under subsection (3) ( c) may be given at any time before final
order in the proceedings, without any admission of liability.
(5) The licensee under a licence of right may (unless, in the case of a licence the
terms of which are settled by agreement, the licence otherwise expressly provides)
request the proprietor of the patent to take proceedings to prevent any infringement of
the patent; and if the proprietor refuses or neglects to do so within 2 months afterbeing so requested, the licensee may institute proceedings for the infringement in his
own name as if he were the proprietor, making the proprietor a defendant.
(6) A proprietor so added as defendant shall not be liable for any costs or expenses
unless he enters an appearance and takes part in the proceedings.
Cancellation of entry made under section 53.
54. — (1) At any time after an entry has been made under section 53 in respect of a
patent, the proprietor of the patent may apply to the Registrar for cancellation of the
entry.
(2) Where an application under subsection (1) is made and the balance paid of all
renewal fees which would have been payable if the entry had not been made, the
Registrar may cancel the entry if satisfied that there is no existing licence under the
patent or that all licensees under the patent consent to the application.
(3) Within the prescribed period after an entry had been made under section 53 in
respect of a patent, any person who claims that the proprietor of the patent is, and was
at the time of the entry, precluded by a contract in which the claimant is interested
from granting licences under the patent may apply to the Registrar for cancellation of
the entry.
(4) Where the Registrar is satisfied, on an application under subsection (3), that the
proprietor of the patent is and was so precluded, he shall cancel the entry; and theproprietor shall then be liable to pay, within a period specified by the Registrar, a sum
equal to the balance of all renewal fees which would have been payable if the entry
had not been made, and the patent shall cease to have effect at the expiration of that
period if that sum is not so paid.
(5) Where an entry is cancelled under this section, the rights and liabilities of the
proprietor of the patent shall after the cancellation be the same as if the entry had not
been made.
(6) Where an application has been made under this section —
(a) in the case of an application under subsection (1), any person; and
(b) in the case of an application under subsection (3), the proprietor of the patent,
may, within the prescribed period, give notice to the Registrar of opposition to the
cancellation; and the Registrar shall, in considering the application, determine whether
the opposition is justified.IP/N/1/SGP/P/1
Page 40
Compulsory licences.
55. — (1) At any time after the expiration of 3 years from the date of the grant of a
patent or 4 years from the date of filing of the patent application, whichever is the
later, any person interested may apply to the court for the grant of a licence under the
patent upon any of the grounds specified in subsection (2).
(2) The grounds upon which a licence may be granted under this section are that a
market for the patented invention is not being supplied, or is not being supplied on
reasonable terms, in Singapore.
(3) Subject to this section, if the court is satisfied that either of the grounds referred
to in subsection (2) is established, the court may make an order for the grant of a li-
cence in accordance with the application upon such terms as the court thinks fit.
(4) A licence granted under this section —
(a) is not exclusive;
(b) shall not be assigned otherwise than in connection with the goodwill of the
business in which the patented invention is used;
(c) is limited to the supply of the patented invention predominantly in Singapore.
(5) Any licence granted under this section may, on the application of any interested
party, be terminated by the court where the court is satisfied that the ground uponwhich the licence was granted has ceased to exist.
(6) Where a licence is granted under this section to any person, the person shall pay
such remuneration to be patentee as may be agreed, or as may be determined by a
method agreed between the person and the patentee or, in default of agreement, as is
determined by the court on the application of the person or the patentee.
(7) No licence shall be granted under this section unless the person applying for the
licence has first taken all reasonable steps to obtain a licence from the patentee onreasonable commercial terms and conditions and has failed to obtain such licence
within a reasonable period of time.
(8) No licence shall be granted under this section in respect of a patent relating to an
integrated circuit except to remedy a practice which is determined by the court to be
anti-competitive.
(9) If the patented invention cannot be worked by the applicant without his infring-
ing another patent —
(a) the court is to make the order under subsection (3) only if the court is further
satisfied that the applicant’s patented invention involves an important tech-
nical advance of considerable economic significance in relation to the in-
vention claimed in the other patent;
(b) the court shall further order that the patentee of the other invention —IP/N/1/SGP/P/1
Page 41
(i) shall grant to the applicant a licence to work the other invention insofar as is
necessary to work the patented invention; and
(ii) is to be granted, if he so requires, a cross-licence on reasonable terms to
work the patented invention;
(c) the court shall direct that the licence granted by the patentee of the other in-
vention may be assigned by the applicant —
(i) only if the licence granted in respect of the patented invention is also as-
signed; and
(ii) only to the assignee of that licence.
(10) The powers of the court on an application under this section shall be exercised
with a view to securing that the inventor or other person beneficially entitled to apatent shall receive reasonable remuneration having regard to the economic value of
the licence.
(11) No order shall be made in pursuance of any application under this section which
would be at variance with any treaty or international convention relating to patents to
which Singapore is a party.
(12) For the purposes of this section and section 61, “intergrated circuit” means a
circuit, in its final or an intermediate form, in which the elements, at least one ofwhich is an active element, and some or all of the interconnections are integrally
formed in or on a piece of material and that is intended to perform an electronic func-
tion.
Act 40/95 wef 1.1.96IP/N/1/SGP/P/1
Page 42
Inventions relating to food or medicine or surgical or curative device.
56. Repealed by Act 40/95 wef 1.1.96
Provisions as to licences under Section 55 or 56.
57. Repealed by Act 40/95 wef 1.1.96
Exercise of powers on application under section 55.
58. Repealed by Act 40/95 wef 1.1.96
Opposition, appeal and arbitration.
59. Repealed by Act 40/95 wef 1.1.96
Supplementary provisions.
60. Repealed by Act 40/95 wef 1.1.96
PART XII
USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNMENT
Use of patented inventions for services of Government.
61. — (1) Subject to sections 65A to 65C, but notwithstanding any other provision of
this Act, any Government department, and any person authorised in writing by a
Government department, may make, use, exercise and vend any patented invention for
the services of the Government and anything done by virtue of this section shall not
amount to an infringement of the patent.
(2) For the purposes of this section and section 63 —
(a) any use of an invention for the supply to the government of any country out-
side Singapore, in pursuance of any agreement or arrangement between the
Government of Singapore and the government of that country, of articles
required for the defence of that country shall be deemed to be a use of the
invention for the services of the Government of Singapore;
(b) the power of a Government department or a person authorised by a Govern-
ment department under this section to make, use, exercise and vend a pat-
ented invention shall include the power to sell to any person any articles
made in the exercise of the powers conferred by this section that are no
longer required for the purpose for which they were made;
(c) the power of a Government department or a person authorised by a Govern-
ment department under this section to vend a patented invention shall not, in
the case of a patent relating to an intergrated circuit, extend to sale of theinvention to the public.IP/N/1/SGP/P/1
Page 43
(3) The purchaser of any articles sold in the exercise of the powers conferred by this
section, and any person claiming through the purchaser, shall have power to deal with
them in the same manner as if the patent were held on behalf of the Government.
Subst. by Act 40/95 wef 1.1.96
Interpretation, etc., of provisions about Government use.
62. Repealed by Act 40/95 wef 1.1.96
Rights of third parties in respect of Government use.
63. — (1) In relation to —
(a) any use made for the services of the Government of an invention by a Gov-
ernment department, or a person authorised by a Government department, by
virtue of section 61; or
(b) anything done for the services of the Government to the order of a Govern-
ment department by the proprietor of a patent in respect of a patented in-
vention or by the proprietor of an application in respect of an invention for
which an application for a patent has been filed and is still pending,
the provisions of any licence, assignment or agreement to which this subsection ap-
plies shall, subject to sections 65A to 65C, be of no effect so far as those provisions
restrict or regulate the working of the invention, or the use of any model, document or
information relating to it, or provide for the making of payments in respect of, or
calculated by reference to, such working or use; and the reproduction or publication of
any model or document in connection with the said working or use shall not be
deemed to be an infringement of any copyright or design right subsisting in the model
or document.
Act 40/95 wef 1.1.96.
(2) Subsection (1) shall apply to any licence, assignment or agreement which is
made, whether before or after 23rd February 1995, between (on the one hand) anyperson who is a proprietor of or an applicant for the patent, or anyone who derives
title from any such person or from whom such person derives title, and (on the other
hand) any person other than a Government department.
Subsections (3) to (10) - Deleted by Act 40/95 wef 1.1.96
References of disputes as to Government use.
64. — (1) Any dispute as to the exercise by a Government department or a person
authorised by a Government department of the powers conferred by section 61 or as to
the terms for the use of an invention for the services of the Government thereunder
may be referred to the court by either party to the dispute after a patent has been
granted for the invention.
(2) In determining any dispute referred to the court under this section, the court shall
have regard to —IP/N/1/SGP/P/1
Page 44
(a) any benefit or compensation that the patentee of the invention may have re-
ceived, or may be entitled to receive, directly or indirectly from any Gov-
ernment department or any person authorised by a Government department in
respect of the patented invention; and
(b) the need to ensure that the patentee shall receive reasonable remuneration
having regard to the economic value of the patented invention.
Subst. by Act 40/95 wef 1.1.96 vide S 582/95.
(3) If the validity of a patent is put in issue in proceedings under this section and it is
found that the patent is only partially valid, the court may, subject to subsection (4),grant relief to the proprietor of the patent in respect of that part of the patent which is
found to be valid and to have been used for the services of the Government.
(4) Where in any such proceedings it is found that a patent is only partially valid, the
court shall not grant relief by way of costs or expenses except where the proprietor of
the patent proves that the specification of the patent was framed in good faith and with
reasonable skill and knowledge, and in that event the court may grant relief in respect
of that part of the patent which is valid and has been so used, subject to the discretionof the court as to costs and expenses.
(5) As a condition of any such relief, the court may direct that the specification of the
patent shall be amended to its satisfaction upon an application made for that purpose
under section 83, and an application may be so made accordingly, whether or not all
other issues in the proceedings have been determined.
(6) In any proceedings under this section, the court may at any time order the whole
proceedings or any question or issue of fact arising in them to be referred, on suchterms as the court may direct, to an arbitrator; and references to the court in this sec-
tion shall be construed accordingly.
(7) One of the two or more joint proprietors of a patent or an application for a patent
may, without the concurrence of the others, refer a dispute to the court under this
section, but shall not do so unless the others are made parties to the proceedings; but
any of the others if made a defendant shall not be liable for any costs or expenses
unless he enters an appearance and takes part in the proceedings.
Subst. by Act 40/95 wef 1.1.96
Special provisions as to Government use during emergency.
65. Subject to sections 65A to 65C, the powers exercisable in relation to an invention
by a Government department or a person authorised by a Government department
under section 61 shall include power to make, use, exercise and vend the patented
invention for any purpose which appears to the Government department necessary or
expedient —
(a) to avoid prejudice to the security or defence of Singapore;IP/N/1/SGP/P/1
Page 45
(b) to assist in the exercise of powers and the implementation of civil defence
measures during a state of emergency or state of civil defence emergency
under the Civil Defence Act; or
Cap. 42.
(c) for public non-commercial use.
Subst. by Act 40/95 wef 1.1.96
Nature and scope of rights under section 61.
65A. — (1) The right to use a patented invention under section 61 —
(a) is not exclusive;
(b) shall not be assigned otherwise than in connection with the goodwill of the
business in which the patented invention is used;
(c) is, notwithstanding subsection (2) ( a) of section 61, limited to the supply of
the patented invention predominantly in Singapore by a Government de-
partment or a person authorised by a Government department under that
section.
(2) The right to use a patented invention under section 61 may, on the application of
any interested party, be terminated by the court, where the court is satisfied that the
circumstances that gave rise to the right to use the patented invention have ceased to
exist and are unlikely to recur.
(3) Except in a case to which section 65 applies, the right to use a patented invention
under section 61 is subject to the Government department or the person authorised by
a Government department under section 61 having first taken all reasonable steps to
obtain the consent of the patentee to the use of the patented invention on reasonable
commercial terms and conditions, and having failed to obtain such consent within a
reasonable period of time.
Act 40/95 wef 1.1.96
Duty to inform patentee.
65B. — (1) Where any use of a patented invention is made by or with the authority of
a Government department under section 65 in situations of national emergency orother circumstances of extreme urgency, the Government department shall, as soon as
reasonable practicable, inform the patentee of such use and in the case of public non-
commercial use, the Government department shall inform the patentee promptly of
such use.
(2) Where any use of a patented invention is made by or with the authority of a
Government department under section 61, the Government department shall, as soon
as practicable after the use of the patented invention has begun, notify and furnish thepatentee with such information as to the extent of the use as the patentee may from
time to time reasonable require.IP/N/1/SGP/P/1
Page 46
(3) Nothing is subsection (2) shall require the Government department to notify or
disclose information to the patentee if to do so would, or might reasonably be ex-
pected to, prejudice the security or defence of Singapore.
Act 40/95 wef 1.1.96
Patentee entitled to renumeration.
65C. Where an act is done under section 61, the Government shall pay such remu-
neration to the patentee as may be agreed, or as may be determined by a method
agreed, between the Government and the patentee having regard to the economic
value of the patented invention or as may, in default of agreement, be determined bythe court under section 64.
Act 40/95 wef 1.1.96
PART XIII
INFRINGEMENT OF PATENTS
Meaning of infringement.
66. — (1) Subject to the provisions of this Act, a person infringes a patent for an
invention if, but only if, while the patent is in force, he does any of the following
things in Singapore in relation to the invention without the consent of the proprietor of
the patent:
(a) where the invention is a product, he makes, disposes of, offers to dispose of,
uses or imports the product or keeps it whether for disposal or otherwise;
(b) where the invention is a process, he uses the process or he offers it for use in
Singapore when he knows, or it is obvious to a reasonable person in the
circumstances, that its use without the consent of the proprietor would be an
infringement of the patent;
(c) where the invention is a process, he disposes of, offers to dispose of, uses or
imports any product obtained directly by means of that process or keeps anysuch product whether for disposal or otherwise.
(2) An act which, apart from this subsection, would constitute an infringement of a
patent for an invention shall not do so if —
(a) it is done privately and for purposes which are not commercial;
(b) it is done for experimental purposes relating to the subject-matter of the in-
vention;
(c) it consists of the extemporaneous preparation of a medicine for an individual
in accordance with a prescription given by a registered medical or dental
practitioner or consists of dealing with a medicine so prepared;
(d) it consists of the use of a product or process in the body or operation of a
relevant aircraft, hovercraft or vehicle which has temporarily or accidentally
entered or is crossing Singapore (including the air space above it and itsIP/N/1/SGP/P/1
Page 47
territorial waters) or the use of accessories for such a relevant aircraft, hov-
ercraft or vehicle;
(e) it consists of the use, exclusively for the needs of a relevant ship, of a product
or process in the body of the ship or in its machinery, tackle, apparatus or
other accessories, in a case where the ship has temporarily or accidentally
entered the territorial waters of Singapore;
(f) it consists of the use of an exempted aircraft which has lawfully entered or is
lawfully crossing Singapore as mentioned in paragraph ( d) or of the im-
portation into Singapore, or the use or storage, of any part or accessory for
that aircraft; or
(g) it consists of the import, use, disposal or offer to dispose of, of any patented
product, or of any product obtained by means of a patented process or to
which a patented process has been applied, which is produced by or with the
consent (conditional or otherwise) of the proprietor of the patent or any
person licensed by him, and for this purpose “patent” includes a patent
granted in any country outside Singapore in respect of the same or substan-
tially the same invention as that for which a patent is granted under this Act
and “patented product”, “patented process” and “licensed” shall be construedaccordingly.
(3) In this section, “relevant ship” and “relevant aircraft, hovercraft or vehicle” mean
respectively a ship and an aircraft, hovercraft or vehicle registered in, or belonging to,
any country other than Singapore which is a party to the Paris Convention; and
“exempted aircraft” means an aircraft to which section 5 of the Air Navigation Act
applies.
Cap. 6.
Proceedings for infringement of patent.
67. — (1) Subject to this Part, civil proceedings may be brought in the court by the
proprietor of a patent in respect of any act alleged to infringe the patent and (without
prejudice to any other jurisdiction of the court) in those proceedings a claim may be
made —
(a) for an injunction restraining the defendant from any apprehended act of in-
fringement;
(b) for an order for him to deliver up or destroy any patented product in relation to
which the patent is infringed or any article in which that product is inex-
tricably comprised or any material and implement the predominant use ofwhich has been in the creation of the infringing product;
Act 40/95 wef 1.1.96
(c) for damages in respect of the infringement;
(d) for an account of the profits derived by him from the infringement; andIP/N/1/SGP/P/1
Page 48
(e) for a declaration that the patent is valid and has been infringed by him.
(2) The court shall not, in respect of the same infringement, both award the propri-
etor of a patent damages and order that he shall be given an account of the profits.
(3) The proprietor of a patent and any other person may by agreement with each
other refer to the Registrar the question whether that other person has infringed the
patent and on the reference, the proprietor of the patent may make any claim men-tioned in subsection (1) ( c) or ( e).
(4) In this Act, unless the context otherwise requires —
(a) any reference to proceedings for infringement and the bringing of such pro-
ceedings includes a reference to a reference under subsection (3) and the
making of such a reference;
(b) any reference to a plaintiff includes a reference to the proprietor of the patent;
and
(c) any reference to a defendant includes a reference to any other party to the
reference.
(5) If it appears to the Registrar on a reference under subsection (3) that the question
referred to him would more properly be determined by the court, he may decline to
deal with it and the court shall have jurisdiction to determine the question as if thereference were proceedings brought in the court.
(6) Subject to this Part, in determining whether or not to grant any kind of relief
claimed under this section and the extent of the relief granted, the court or the Reg-
istrar shall apply the principles applied by the court in relation to that kind of relief
immediately before 23rd February 1995.
Reversal of burden of proof.
68. — (1) In any proceedings for the infringement of a patent, where the subject-
matter of the patent is a process for obtaining a new product, the burden of proving
that a product is not made by the process shall be on the alleged infringer if the prod-
uct is new or a substantial likelihood exists that the product is made by the process and
the proprietor of the patent has been unable through reasonable efforts to determine
the process actually used.
(2) In considering whether a party has discharged the burden imposed upon him by
this section, the court shall not require him to disclose any manufacturing or com-mercial secrets if it appears to the court that it would be unreason able to do so.
Restrictions on recovery of damages for infringement.
69. — (1) In proceedings for infringement of a patent, damages shall not be awarded
and no order shall be made for an account of profits against a defendant who proves
that at the date of the infringement he was not aware, and had no reasonable grounds
for supposing, that the patent existed; and a person shall not be taken to have been soIP/N/1/SGP/P/1
Page 49
aware or to have had reasonable grounds for so supposing by reason only of the
application to a product of the word “patent” or “patented”, or any word or words
expressing or implying that a patent has been obtained for the product, unless the
number of the patent accompanied the word or words.
(2) In proceedings for infringement of a patent the court or the Registrar may, if it or
he thinks fit, refuse to award any damages or make any such order in respect of aninfringement committed during any further period specified under subsection (3) of
section 36, but before the payment of the renewal fee and any additional fee pre-
scribed for the purposes of that subsection.
(3) Where an amendment of the specification of a patent has been allowed under any
of the provisions of this Act, no damages shall be awarded in proceedings for aninfringement of the patent committed before the decision to allow the amendment
unless the court or the Registrar is satisfied that the specification of the patent as
published was framed in good faith and with reasonable skill and knowledge.
Relief for infringement of partially valid patent.
70. — (1) If the validity of a patent is put in issue in proceedings for infringement of
the patent and it is found that the patent is only partially valid, the court or the
Registrar may, subject to subsection (2), grant relief in respect of that part of thepatent which is found to be valid and infringed.
(2) Where in any such proceedings it is found that a patent is only partially valid, the
court or the Registrar shall not grant relief by way of damages, costs or expenses,
except where the plaintiff proves that the specification for the patent was framed in
good faith and with reasonable skill and knowledge, and in that event the court or the
Registrar may grant relief in respect of that part of the patent which is valid and
infringed, subject to the discretion of the court or the Registrar as to costs or expensesand as to the date from which damages should be reckoned.
(3) As a condition of relief under this section, the court or the Registrar may direct
that the specification of the patent shall be amended to its or his satisfaction upon an
application made for that purpose under section 83, and an application may be so
made accordingly, whether or not all other issues in the proceedings have been de-
termined.
Right to continue use begun before priority date.
71. — (1) Where a patent is granted for an invention, a person who in Singapore
before the priority date of the invention —
(a) does in good faith an act which would constitute an infringement of the patent
if it were in force; or
(b) makes in good faith effective and serious preparations to do such an act,IP/N/1/SGP/P/1
Page 50
has the right to continue to do the act or, as the case may be, to do the act, notwith-
standing the grant of the patent; but this right does not extend to granting a licence to
another person to do the act.
(2) If the act was done, or the preparations were made, in the course of a business,
the person entitled to the right conferred by subsection (1) may —
(a) authorise the doing of that act by any partners of his for the time being in that
business; and
(b) assign that right, or transmit it on death (or in the case of a body corporate on
its dissolution), to any person who acquires that part of the business in the
course of which the act was done or the preparations were made.
(3) Where a product is disposed of to another in exercise of the rights conferred by
subsection (1) or (2), that other and any person claiming through him may deal with
the product in the same way as if it had been disposed of by the registered proprietor
of the patent.
Certificate of contested validity of patent.
72. — (1) If in any proceedings before the court or the Registrar the validity of a
patent to any extent is contested and that patent is found by the court or the Registrar
to be wholly or partially valid, the court or the Registrar may certify the finding andthe fact that the validity of the patent was so contested.
(2) Where a certificate is granted under this section, then, if in any subsequent pro-
ceedings before the court or the Registrar for infringement of the patent or for revo-
cation of the patent, a final order or judgment is made or given in favour of the party
relying on the validity of the patent as found in the earlier proceedings, that party
shall, unless the court or the Registrar otherwise directs, be entitled to his costs or
expenses as between solicitor and own client other than the costs or expenses of anyappeal in the subsequent proceedings.
Proceedings for infringement by co-owner.
73. — (1) In the application of section 66 to a patent of which there are two or more
joint proprietors, the reference to the proprietor shall be construed —
(a) in relation to any act, as a reference to that proprietor or those proprietors
who, by virtue of section 46 or any agreement referred to in that section, is or
are entitled to do that act without its amounting to an infringement; and
(b) in relation to any consent, as a reference to that proprietor or those proprietors
who, by virtue of section 46 or any such agreement, is or are the proper
person or persons to give the requisite consent.
(2) One of two or more joint proprietors of a patent may without the concurrence of
the others bring proceedings in respect of an act alleged to infringe the patent, but
shall not do so unless the others are made parties to the proceedings; but any of theIP/N/1/SGP/P/1
Page 51
others if made a defendant shall not be liable for any costs or expenses unless he en-
ters an appearance and takes part in the proceedings.
Proceedings for infringement by exclusive licensee.
74. — (1) Subject to this section, the holder of an exclusive licence under a patent
shall have the same right as the proprietor of the patent to bring proceedings in respect
of any infringement of the patent committed after the date of the licence; andreferences to the proprietor of the patent in this Act relating to infringement shall be
construed accordingly.
(2) In awarding damages or granting any other relief in any such proceedings, the
court or the Registrar shall take into consideration any loss suffered or likely to be
suffered by the exclusive licensee as such as a result of the infringement, or, as thecase may be, the profits derived from the infringement, so far as it constitutes an in-
fringement of the rights of the exclusive licensee as such.
(3) In any proceedings taken by an exclusive licensee by virtue of this section, the
proprietor of the patent shall be made a party to the proceedings, but if made a de-
fendant shall not be liable for any costs or expenses unless he enters an appearance
and takes part in the proceedings.
Effect of non-registration on infringement proceedings.
75. Where by virtue of a transaction, instrument or event to which section 43 applies
a person becomes the proprietor or one of the proprietors or an exclusive licensee of a
patent and the patent is subsequently infringed, the court or the Registrar shall not
award him damages or order that he be given an account of the profits in respect of
such a subsequent infringement occurring before the transaction, instrument or event
is registered unless —
(a) the transaction, instrument or event is registered within the period of 6 months
beginning with its date; or
(b) the court or the Registrar is satisfied that it was not practicable to register the
transaction, instrument or event before the end of that period and that it was
registered as soon as practicable thereafter.IP/N/1/SGP/P/1
Page 52
Infringement of rights conferred by publication of application.
76. — (1) Where an application for a patent for an invention is published, then, sub-
ject to this section, the applicant shall have, as from the publication and until the grant
of the patent, the same right as he would have had, if the patent had been granted on
the date of the publication of the application, to bring proceedings in the court or
before the Registrar for damages in respect of any act which would have infringed thepatent; and references in sections 66 to 69 and 73 to 75 to a patent and the proprietor
of a patent shall be respectively construed as including references to any such
application and the applicant, and references to a patent being in force, being granted,
being valid or existing shall be construed accordingly.
(2) The applicant shall be entitled to bring proceedings by virtue of this section in
respect of any act only —
(a) after the patent has been granted; and
(b) if the act would, if the patent had been granted on the date of the publication
of the application, have infringed not only the patent, but also the claims (as
interpreted by the description and any drawings referred to in the description
or claims) in the form in which they were contained in the application
immediately before the preparations for its publication were completed bythe Registry.
(3) Section 69 (2) and (3) shall not apply to an infringement of the rights conferred
by this section but in considering the amount of any damages for such an infringe-
ment, the court or the Registrar shall consider whether or not it would have been rea-
sonable to expect, from a consideration of the application as published under section
27, that a patent would be granted conferring on the proprietor of the patent protection
from an act of the same description as that found to infringe those rights, and if thecourt or the Registrar finds that it would not have been reasonable, it or he shall
reduce the damages to such an amount as it or he thinks just.
Remedy for groundless threats of infringement proceedings.
77. — (1) Where a person (whether or not the proprietor of, or entitled to any right in,
a patent) by circulars, advertisements or otherwise threatens another person with
proceedings for any infringement of a patent, a person aggrieved by the threats
(whether or not he is the person to whom the threats are made) may, subject to sub-section (4), bring proceedings in the court against the person making the threats,
claiming any relief mentioned in subsection (3).
(2) In any such proceedings, the plaintiff shall, if he proves that the threats were so
made and satisfies the court that he is a person aggrieved by them, be entitled to the
relief claimed unless —
(a) the defendant proves that the acts in respect of which proceedings were
threatened constitute or, if done, would constitute an infringement of apatent; andIP/N/1/SGP/P/1
Page 53
(b) the patent alleged to be infringed is not shown by the plaintiff to be invalid in
a relevant respect.
(3) The said relief is —
(a) a declaration to the effect that the threats are unjustifiable;
(b) an injunction against the continuance of the threats; and
(c) damages in respect of any loss which the plaintiff has sustained by the threats.
(4) Proceedings may not be brought under this section for a threat to bring proceed-
ings for an infringement alleged to consist of making or importing a product for dis-
posal or of using a process.
(5) It is hereby declared that a mere notification of the existence of a patent does not
constitute a threat of proceedings within the meaning of this section.
(6) Nothing in this section shall render an advocate and solicitor or any other person
liable to an action under this section in respect of an act done by the advocate and
solicitor or the other person in his professional capacity on behalf of a client.
Declaration as to non-infringement.
78. — (1) Without prejudice to the jurisdiction of the court to make a declaration
apart from this section, a declaration that an act does not, or a proposed act would not,
constitute an infringement of a patent may be made by the court or the Registrar inproceedings between the person doing or proposing to do the act and the proprietor of
the patent, notwithstanding that no assertion to the contrary has been made by the
proprietor, if it is shown —
(a) that that person has applied in writing to the proprietor for a written ac-
knowledgment to the effect of the declaration claimed, and has furnished him
with full particulars in writing of the act in question; and
(b) that the proprietor has refused or failed to give any such acknowledgment.
(2) A declaration made by the Registrar under this section shall have the same effect
as a declaration made by the court.IP/N/1/SGP/P/1
Page 54
PART XIV
REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS
Information on result of corresponding international applications.
79. — (1) The Registrar may, on the application of any interested person and on the
payment of the prescribed fee, request the proprietor of a patent to furnish to the
Registrar, within such period as the Registrar may specify, the prescribed informationon all corresponding international applications or corresponding applications for a
patent made by him or his predecessor in title at any prescribed patent office with
respect to which details had been furnished to the Registrar under section 29 (1) ( c).
(2) Where the proprietor of a patent has furnished the prescribed information under
subsection (1) or where such information is available at the Registry, the Registrarshall as soon as practicable send to the interested person the prescribed information so
furnished or available.
(3) Where the proprietor of a patent fails without good cause to comply with the
request of the Registrar under subsection (1), the Registrar may by order revoke the
patent with effect from the date of the grant of the patent.
(4) For the purpose of this section, “corresponding international application” and
“corresponding application” have the same meanings as in section 29 (9).
Power to revoke patents on application.
80. — (1) Subject to the provisions of this Act, the Registrar may, on the application
of any person, by order revoke a patent for an invention on (but only on) any of the
following grounds:
(a) the invention is not a patentable invention;
(b) the patent was granted to a person who was not entitled to be granted that
patent;
(c) the specification of the patent does not disclose the invention clearly and
completely for it to be performed by a person skilled in the art;
(d) the matter disclosed in the specification of the patent extends beyond that
disclosed in the application for the patent, as filed, or, if the patent was
granted on a new application filed under section 20 (3), 47 (4) or 116 (6), or
as mentioned in section 26 (6), in the earlier application made under this Act
or in the application made under the United Kingdom Patents Act 1977 or theapplication under the European Patent Convention designating the United
Kingdom filed at the European Patent Office from which the filing date and
the right of priority has been derived, as the case may be, as filed;
(e) the protection conferred by the patent has been extended by an amendment
which should not have been allowed;IP/N/1/SGP/P/1
Page 55
(f) the applicant for the patent has failed to inform the Registrar about any cor-
responding international application or corresponding application filed by
him as required under section 29 (1) ( c) or has furnished any information
which in any material particular was false; or
(g) the patent was obtained on a misrepresentation.
(2) On the application of any person for an order to revoke a patent on any of the
grounds specified in subsection (1) ( a), (c), (d) and ( e), the Registrar may, subject to
subsections (3) and (4), cause the patent to be re-examined by an Examiner so as to
determine whether the patent should be revoked on any of those grounds and require
the applicant to pay the prescribed re-examination fee.
(3) The Registrar shall not cause a patent to be re-examined under subsection (2)
where, within the prescribed period, the applicant for the revocation of the patent fails
to give such security for the costs or expenses of the proceedings as the Registrar may
specify; in which case, the application for revocation shall be treated as having been
abandoned.
(4) An application for the revocation of a patent on the ground mentioned in sub-
section (1) ( b) —
(a) may only be made by a person found by the court in an action for a declara-
tion or found by the court or the Registrar on a reference under section 47, to
be entitled to be granted that patent or to be granted a patent for part of the
matter comprised in the specification of the patent sought to be revoked; and
(b) may not be made if that action was commenced or that reference was made
after the end of the period of 2 years beginning with the date of the grant of
the patent sought to be revoked, unless it is shown that any person registered
as a proprietor of the patent knew at the time of the grant or of the transfer ofthe patent to him that he was not entitled to the patent.
(5) An order under this section may be —
(a) an order for the unconditional revocation of the patent; or
(b) where one of the grounds mentioned in subsection (1) has been established,
but only so as to invalidate the patent to a limited extent, an order that the
patent should be revoked unless within a specified time the specification is
amended under section 83 to the satisfaction of the Registrar.
(6) A decision of the Registrar or on appeal from the Registrar shall not estop any
party to any civil proceedings in which infringement of a patent is in issue from al-
leging invalidity of the patent on any of the grounds referred to in subsection (1),
whether or not any of the issues involved were decided in the decision.
(7) An order under this section revoking a patent shall have effect from the date of
the grant of the patent.IP/N/1/SGP/P/1
Page 56
(8) Where an applicant for the revocation of a patent discontinues or withdraws his
application, he shall pay such costs or expenses of the proceedings as the Registrar
may determine.
(9) An application for an order to revoke a patent shall be —
(a) made in the prescribed form and filed at the Registry in the prescribed man-
ner; and
(b) accompanied by the prescribed fee.
(10) Section 93 shall not apply in relation to the decision of the Registrar to cause a
patent to be re-examined under this section.
Registrar’s power to revoke patents.
81. If it appears to the Registrar that an invention for which a patent has been granted
formed part of the state of the art by virtue only of section 14 (3), he may on his own
initiative by order revoke the patent, but shall not do so without giving the proprietor
of the patent an opportunity of making any observation and of amending the
specification of the patent so as to exclude any matter which formed part of the state
of the art as aforesaid without contravening section 84.
Proceedings in which validity of patent may be put in issue.
82. — (1) Subject to this section, the validity of a patent may be put in issue —
(a) by way of defence, in proceedings for infringement of the patent under section
67 or proceedings under section 76 for infringement of rights conferred by
the publication of an application;
(b) in proceedings under section 77;
(c) in proceedings in which a declaration in relation to the patent is sought under
section 78;
(d) in proceedings before the Registrar under section 80 for the revocation of the
patent; or
(e) in proceedings under section 61 or 64.
(2) The validity of a patent may not be put in issue in any other proceedings and, in
particular, no proceedings may be instituted (whether under this Act or otherwise)
seeking only a declaration as to the validity or invalidity of a patent.
(3) The only grounds on which the validity of a patent may be put in issue (whether
in proceedings for revocation under section 80 or otherwise) are the grounds on whichthe patent may be revoked under that section.
(4) No determination shall be made in any proceedings mentioned in subsection (1)
on the validity of a patent which any person puts in issue on the ground mentioned in
section 80 (1) ( b) unless —IP/N/1/SGP/P/1
Page 57
(a) it has been determined in entitlement proceedings commenced by that person
or in the proceedings in which the validity of the patent is in issue that the
patent should have been granted to him and not some other person; and
(b) except where it has been so determined in entitlement proceedings, the pro-
ceedings in which the validity of the patent is in issue are commenced before
the end of the period of 2 years beginning with the date of the grant of thepatent or it is shown that any person registered as a proprietor of the patent
knew at the time of the grant or of the transfer of the patent to him that he
was not entitled to the patent.
(5) Where the validity of a patent is put in issue by way of defence or counterclaim,
the court or the Registrar shall, if it or he thinks it just to do so, give the defendant anopportunity to comply with the condition in subsection (4) ( a).
(6) In subsection (4), “entitlement proceedings”, in relation to a patent, means a
reference under section 47 (1) on the ground that the patent was granted to a person
not entitled to it or proceedings for a declaration that it was so granted.
(7) Where proceedings with respect to a patent are pending in the court under any
provision of this Act mentioned in subsection (1), no proceedings may be instituted
without the leave of the court before the Registrar with respect to that patent undersection 67 (3), 76, 78 or 80.
(8) It is hereby declared that for the purposes of this Act the validity of a patent is not
put in issue merely because the Registrar is considering its validity in order to decide
whether to revoke it under section 81.
PART XV
AMENDMENTS OF PATENTS AND APPLICATIONS
Amendment of patent in infringement or revocation proceedings.
83. — (1) In any proceedings before the court or the Registrar in which the validity of
a patent is put in issue, the court or, as the case may be, the Registrar may, subject to
section 84, allow the proprietor of the patent to amend the specification of the patent
in such manner, and subject to such terms as to the publication and advertisement of
the proposed amendment and as to costs, expenses or otherwise, as the court or
Registrar thinks fit.
(2) A person may give notice to the court or the Registrar of his opposition to an
amendment proposed by the proprietor of the patent under this section, and if he does
so the court or the Registrar shall notify the proprietor and consider the opposition in
deciding whether the amendment or any amendment should be allowed.
(3) An amendment of a specification of a patent under this section shall have effect
and be deemed always to have had effect from the grant of the patent.IP/N/1/SGP/P/1
Page 58
(4) Where an application for an order under this section is made to the court, the
applicant shall notify the Registrar, who shall be entitled to appear and be heard and
shall appear if so directed by the court.
Amendments of applications and patents not to include added matter.
84. — (1) An application for a patent which —
(a) is made in respect of matter disclosed in an earlier application, or in the
specification of a patent which has been granted; and
(b) discloses additional matter, that is, matter extending beyond that disclosed in
the earlier application made under this Act or in the application made under
the United Kingdom Patents Act 1977 or the application under the European
Patent Convention designating the United Kingdom filed at the EuropeanPatent Office from which the filing date and right of priority is sought to be
derived, as filed, or the application for the patent, as filed,
may be filed under section 20 (3), 47 (4) or 116 (6), or as mentioned in section 26
(6), but shall not be allowed to proceed unless it is amended so as to exclude the ad-
ditional matter.
(2) No amendment of an application for a patent shall be allowed under section 31 if
it results in the application disclosing any matter extending beyond that disclosed inthe application as filed.
(3) No amendment of the specification of a patent shall be allowed under section 38
(1), 81 or 83 if it —
(a) results in the specification disclosing any additional matter; or
(b) extends the protection conferred by the patent.
PART XVI
INTERNATIONAL APPLICATIONS FOR PATENTS
Effect of filing international application for patent.
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 sec-
tions 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-oper-ation 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 des-
ignation of Singapore in it, is deemed to be withdrawn under the Patent Co-operation
Treaty —IP/N/1/SGP/P/1
Page 59
(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.
International and national phases of application.
86. — (1) The provisions of the Patent Co-operation Treaty relating to publication,
search, examination and amendment, and not those of this Act, apply to an interna-
tional application for a patent (Singapore) during the international phase of the ap-
plication.
(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 ac-
cordance with the Patent Co-operation Treaty; and
(ii) any necessary translation of the application into English.
(4) For the purpose of 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.IP/N/1/SGP/P/1
Page 60
(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 amend-
ment 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 ac-
cordance 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).
Adaptation of provisions in relation to international application.
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 ac-
cordance 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 con-
ditions mentioned in section 86 (3) ( a) are complied with.
(3) For the purposes of section 61 (use of invention for service of the Government)
and section 76 (infringement of rights conferred by publication) the application, nothaving 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 —IP/N/1/SGP/P/1
Page 61
(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 speci-
fication of the application on the Government department concerned or,
as the case may be, on the person committing the infringing act.
(4) The reference in subsection (3) ( b) (ii) to the service of a translation on a Gov-
ernment 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 (de-
termination of questions of entitlement in relation to application under this Act); but
after the end of the international phase, that section shall apply.
Evidence of Patent Co-operation Treaty and its instruments.
88. — (1) Judicial notice shall be taken of the Patent Co-operation Treaty and any
gazette, bulletin or journal published under the Treaty; and any such document shall
be admissible as evidence of any instrument or other act thereby communicated of any
institution having functions under the Treaty.
(2) 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 leg-ible 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; and any document
purporting to be such a copy shall be received in evidence without proof of the official
position or handwriting of the person signing the certificate.
(3) Evidence of any instrument mentioned in subsection (2) may also be given in any
legal proceedings —
(a) by production of a copy purporting to be printed by the Government Printers;
(b) where the instrument is in the custody of a Government department, by pro-
duction 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,
and any document purporting to be such a copy as is mentioned in paragraph ( b) of
an instrument in the custody of a Government department shall be received in evi-
dence without proof of the official position or handwriting of the person signing thecertificate, or of his authority to do so, or of the document being in the custody of the
department.
(4) In this section, “legal proceedings” includes proceedings before the Registrar.IP/N/1/SGP/P/1
Page 62
Convention countries.
89. — (1) The Minister may, with a view to the fulfilment of any treaty, convention,
arrangement or engagement, by order published in the Gazette  declare that any
country specified in the order is a convention country for the purposes of section 17.
(2) For the purposes of this section, every colony, protectorate and territory subject
to the authority or under the suzerainty of another country, and every territory ad-ministered by another country under the trusteeship system of the United Nations shall
be taken to be a country in the case of which a declaration may be made under this
section.
PART XVII
LEGAL PROCEEDINGS
Proceedings before court or Registrar.
90. — (1) Any proceedings before the court relating to patents and other matters un-
der this Act shall be dealt with by a judge sitting alone or, if he thinks fit, with one or
more scientific advisers selected by the judge from the panel appointed under sub-
section (2).
(2) Rules under this Act may make provision for the appointment of a panel of sci-
entific advisers to assist the court and the Registrar in proceedings under this Act, forregulating the functions of such advisers and for remunerating such advisers.
Appeals from Registrar.
91. — (1) An appeal shall lie to the court from any decision of the Registrar under
this Act or the rules except any of the following decisions:
(a) a decision falling within section 25 (7);
(b) a decision under section 27 (2) to omit any matter from a specification;
(c) a decision to give directions under section 33 (1) or (2);
(d) a decision under the rules which is excepted by the rules from the right of
appeal conferred by this section.
(2) For the purpose of hearing appeals under this section, the court may consist of
one or more judges of the court in accordance with directions given by or on behalf of
the Chief Justice.
(3) An appeal shall not lie to the Court of Appeal from a decision of the court on
appeal from a decision of the Registrar under this Act or the rules —
(a) except where the decision of the Registrar was given under section 20, 38, 47,
67, 80, 81 or 83; or
(b) except where the ground of appeal is that the decision of the court is wrong in
law,IP/N/1/SGP/P/1
Page 63
but an appeal shall only lie to the Court of Appeal under this section if leave to ap-
peal is given by the court or the Court of Appeal.
General powers of court.
92. — (1) The court may, for the purpose of determining any question in the exercise
of its original or appellate jurisdiction under this Act, make any order or exercise any
other power which the Registrar could have made or exercised for the purpose ofdetermining that question.
(2) In all proceedings before the court under this Act, the costs of the Registrar shall
be in the discretion of the court, but the Registrar shall not be ordered to pay the costs
of any other of the parties.
Exercise of Registrar’s discretionary powers.
93. Without prejudice to any rule of law, the Registrar shall give any party to a pro-
ceeding before him an opportunity of being heard before exercising adversely to that
party any discretion vested in the Registrar by this Act or the rules.
Right of audience in patent proceedings.
94. — (1) Any party to any proceedings before the Registrar under this Act or any
treaty to which Singapore is a party may appear before the Registrar in person or be
represented by an advocate and solicitor or a registered patent agent or, subject tosection 105, by any other person whom he desires to represent him.
(2) Without prejudice to the right of counsel to appear before the court, an advocate
and solicitor who is not in actual practice and a registered patent agent shall each,
notwithstanding anything in the Legal Profession Act, have the right to appear and be
heard on behalf of any party to an appeal under this Act from the Registrar to the
court.
Cap. 161.
Extension of privilege for communications with solicitors relating to patentproceedings.
95. — (1) It is hereby declared that the rule of law which confers privilege from dis-
closure in legal proceedings in respect of communications made with an advocate and
solicitor or a person acting on his behalf, or in relation to information obtained orsupplied for submission to an advocate and solicitor or a person acting on his behalf,
for the purpose of any pending or contemplated proceedings before a court in
Singapore extends to such communications so made for the purpose of any pending or
contemplated proceedings before the Registrar under this Act.
(2) In this section, “legal proceedings” includes proceedings before the Registrar;
and references to “legal proceedings” and “pending or contemplated proceedings”
include references to applications for a patent and to international applications for a
patent.IP/N/1/SGP/P/1
Page 64
Privilege for communications with patent agents.
96. — (1) A communication with respect to any matter relating to patents —
(a) between a person and a registered patent agent, a partnership entitled under
Part XIX to describe itself as a firm of patent agents or a body corporate
entitled under Part XIX to describe itself as a patent agent; or
(b) for the purpose of obtaining, or in response to a request for, information which
a person is seeking for the purpose of instructing his patent agent,
is privileged from disclosure in legal proceedings in Singapore in the same way as a
communication between a person and his solicitor or, as the case may be, a com-
munication for the purpose of obtaining, or in response to a request for, information
which a person seeks for the purpose of instructing his solicitor.
(2) For the purposes of this section “legal proceedings” includes proceedings before
the Registrar.
Costs and expenses in proceedings before Registrar.
97. — (1) The Registrar may, in proceedings before him under this Act, by order
award to any party such costs as he may consider reasonable and direct how and by
what parties they are to be paid.
(2) Any costs awarded under this section shall, if a District Court or a Magistrate’s
Court so orders, be recover able by execution issued from that Court or otherwise as if
they were payable under an order of that Court.
(3) If any person by whom —
(a) a reference is made to the Registrar under section 20 or 47;
(b) an application is made to the Registrar for the revocation of a patent; or
(c) notice of opposition is given to the Registrar under section 38 (4), 40 (2), 54
(6) or 107 (2),
Act 40/95 wef 1.1.96
neither resides nor carries on business in Singapore, the Registrar may require him to
give security for the costs or expenses of the proceedings and in default of such
security being given may treat the reference, application or notice as abandoned.IP/N/1/SGP/P/1
Page 65
Licences granted by order of Registrar.
98. Any order by the Registrar for the grant of a licence under this Act shall, without
prejudice to any other method of enforcement, have effect as if it were a deed,
executed by the proprietor of the patent and all other necessary parties, granting a
licence in accordance with the order.
PART XVIII
OFFENCES
Falsification of register, etc.
99. If a person makes or causes to be made a false entry in any register kept under
this Act, or a writing falsely purporting to be a copy or reproduction of an entry in any
such register, or produces or tenders or causes to be produced or tendered in evidenceany such writing, knowing the entry or writing to be false, he 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 one year or to both.
Unauthorised claim of patent rights.
100. — (1) If a person falsely represents that anything disposed of by him for value is
a patented product, he shall, subject to this section, be guilty of an offence and shall be
liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term notexceeding one year or to both.
(2) For the purposes of subsection (1), a person who for value disposes of an article
having stamped, engraved or impressed on it or otherwise applied to it the word
“patent” or “patented” or anything expressing or implying that the article is a patented
product, shall be taken to represent that the article is a patented product.
(3) Subsection (1) shall not apply where the representation is made in respect of a
product after the patent for that product or, as the case may be, the process in questionhas expired or been revoked and before the end of a period which is reasonably
sufficient to enable the accused to take steps to ensure that the representation is not
made or does not continue to be made.
(4) In proceedings for an offence under this section, it shall be a defence for the
accused to prove that he used due diligence to prevent the commission of the offence.
Unauthorised claim that patent has been applied for.
101. — (1) If a person represents that a patent has been applied for in respect of any
article disposed of for value by him and —
(a) no such application has been made; or
(b) any such application has been refused, withdrawn or treated as having been
abandoned,IP/N/1/SGP/P/1
Page 66
he shall, subject to this section, be guilty of an offence and shall be liable on con-
viction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding
one year or to both.
(2) Subsection (1) ( b) shall not apply where the representation is made or continues
to be made before the expiry of a period which commences with the refusal, with-
drawal or abandonment and which is reasonably sufficient to enable the accused totake steps to ensure that the representation is not made or does not continue to be
made.
(3) For the purpose of subsection (1), a person who for value disposes of an article
having stamped, engraved or impressed on it or otherwise applied to it the words
“patent applied for” or “patent pending”, or anything expressing or implying that apatent has been applied for in respect of the article, shall be taken to represent that a
patent has been applied for in respect of it.
(4) In any proceedings for an offence under this section, it shall be a defence for the
accused to prove that he used due diligence to prevent the commission of the offence.
Misuse of title “Registry of Patents”.
102. If any person uses on his place of business, or on any document issued by him,
or otherwise, the words “Registry of Patents” or any other words suggesting that hisplace of business is, or is officially connected with, the Registry of Patents, he 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 one year or to both.
Offences by corporations and partnerships.
103. — (1) Where an offence under this Act which has been committed by a body
corporate is proved to have been committed with the consent or connivance of, or to
be attributable to any neglect on the part of, a director, manager, secretary or anysimilar officer of the body corporate, or any person who was purporting to act in any
such capacity, he, as well as the body corporate, shall be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection
(1) shall apply in relation to the acts and defaults of a member in connection with his
functions of management as if he were a director of the body corporate.
(3) Proceedings for an offence under this Act alleged to have been committed by a
partnership shall be brought in the name of the partnership and not in that of the part-
ners; but without prejudice to any liability of the partners under subsection (5).
(4) A fine imposed on a partnership on its conviction in such proceedings shall be
paid out of the partnership assets.
(5) Where a partnership is guilty of an offence under this Act, every partner, other
than a partner who is proved to have been ignorant of or to have attempted to preventIP/N/1/SGP/P/1
Page 67
the commission of the offence, is also guilty of the offence and liable to be proceeded
against and punished accordingly.
PART XIX2
PATENT AGENTS
REGISTRATION OF PATENT AGENTS.
104. — (1) THE MINISTER MAY MAKE RULES REQUIRING THE KEEPING
OF A REGISTER OF PERSONS WHO ACT AS AGENT FOR OTHERS FOR THE
PURPOSES OF APPLYING FOR OR OBTAINING PATENTS.
(2) THE RULES MAY CONTAIN SUCH PROVISION AS THE MINISTER
THINKS FIT REGULATING THE REGISTRATION OF PERSONS AND MAY, IN
PARTICULAR, REQUIRE THE PAYMENT OF SUCH FEES AS MAY BEPRESCRIBED AND AUTHORISE IN PRESCRIBED CASES THE ERASURE
FROM THE REGISTER OF THE NAME OF ANY PERSON REGISTERED IN IT,
OR THE SUSPENSION OF THE REGISTRATION OF ANY PERSON.
(3) THE RULES MAY DELEGATE THE KEEPING OF THE REGISTER TO
ANOTHER PERSON, AND MAY CONFER ON THAT PERSON SUCH
FUNCTIONS, INCLUDING DISCIPLINARY FUNCTIONS, AS MAY BE
PRESCRIBED.
(4) SUCH 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 ONE YEAR OR BOTH.
PERSONS ENTITLED TO DESCRIBE THEMSELVES AS PATENT AGENTS.
105. — (1) AN INDIVIDUAL WHO IS NOT A REGISTERED PATENT AGENT
SHALL NOT —
(A) CARRY ON A BUSINESS (OTHERWISE THAN IN PARTNERSHIP)
UNDER ANY NAME OR OTHER DESCRIPTION WHICH CONTAINS
THE WORDS “PATENT AGENT” OR “PATENT ATTORNEY”; OR
(B) IN THE COURSE OF A BUSINESS OTHERWISE DESCRIBE HIMSELF
OR PERMIT HIMSELF TO BE DESCRIBED AS A “PATENT AGENT”
OR “PATENT ATTORNEY”.
(2) A PARTNERSHIP SHALL NOT —
(A) CARRY ON A BUSINESS UNDER ANY NAME OR OTHER
DESCRIPTION WHICH CONTAINS THE WORDS “PATENT AGENT”
OR “PATENT ATTORNEY”; OR
                                                     
2(1) No date has been appointed for the coming into operation of section 104 and 105
(1) to (6), (8) and (9).IP/N/1/SGP/P/1
Page 68
(B) IN THE COURSE OF A BUSINESS OTHERWISE DESCRIBE ITSELF OR
PERMIT ITSELF TO BE DESCRIBED AS A FIRM OF “PATENT
AGENTS” OR “PATENT ATTORNEYS”,
UNLESS ALL THE PARTNERS ARE REGISTERED PATENT AGENTS OR
THE PARTNERSHIP SATISFIES SUCH CONDITIONS AS MAY BE
PRESCRIBED FOR THE PURPOSES OF THIS SECTION.
(3) A BODY CORPORATE SHALL NOT —
(A) CARRY ON A BUSINESS (OTHERWISE THAN IN PARTNERSHIP)
UNDER ANY NAME OR OTHER DESCRIPTION WHICH CONTAINS
THE WORDS “PATENT AGENT” OR “PATENT ATTORNEY”; OR
(B) IN THE COURSE OF A BUSINESS OTHERWISE DESCRIBE ITSELF OR
PERMIT ITSELF TO BE DESCRIBED AS A “PATENT AGENT” OR
“PATENT ATTORNEY”,
UNLESS ALL THE DIRECTORS OF THE BODY CORPORATE ARE
REGISTERED PATENT AGENTS OR THE BODY CORPORATE SATISFIES
SUCH CONDITIONS AS MAY BE PRESCRIBED FOR THE PURPOSES OF THIS
SECTION.
(4) A 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
ONE YEAR OR TO BOTH.
(5) 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 PAR-
TICULAR, SHALL NOT DEROGATE FROM SECTION 94 AS IT APPLIES TOADVOCATES AND SOLICITORS.
(6) A REGISTERED PATENT AGENT SHALL NOT BE GUILTY OF AN
OFFENCE UNDER SECTION 33 OF THE LEGAL PROFESSION ACT BY
REASON ONLY OF THE PREPARATION BY HIM FOR USE IN PROCEEDINGS
ON APPEAL UNDER THIS ACT TO THE COURT FROM THE REGISTRAR OF
ANY DOCUMENT OTHER THAN A DEED.
CAP. 161.
(7) NO OFFENCE IS COMMITTED UNDER SECTION 33 OF THE LEGAL
PROFESSION ACT BY ANY PERSON BY REASON ONLY OF THE
PREPARATION BY HIM OF A DOCUMENT (OTHER THAN A DEED) FOR USEIN PROCEEDINGS BEFORE THE REGISTRAR IN RELATION TO ANY
PATENT OR APPLICATION FOR A PATENT.
(8) WHERE THIS SECTION WOULD BE CONTRAVENED BY THE USE OF
THE WORDS “PATENT AGENT” OR “PATENT ATTORNEY” IN REFERENCE
TO AN INDIVIDUAL, PARTNERSHIP OR BODY CORPORATE, IT ISIP/N/1/SGP/P/1
Page 69
EQUALLY CONTRAVENED BY THE USE OF OTHER EXPRESSIONS IN
REFERENCE TO THAT PERSON, OR HIS BUSINESS OR PLACE OF
BUSINESS, WHICH ARE LIKELY TO BE UNDERSTOOD AS INDICATING
THAT HE IS ENTITLED TO BE DESCRIBED AS A “PATENT AGENT” OR
“PATENT ATTORNEY”.
(9) IN THIS SECTION, “DIRECTOR”, IN RELATION TO A BODY
CORPORATE WHOSE AFFAIRS ARE MANAGED BY ITS MEMBERS, MEANS
ANY MEMBER OF THE BODY CORPORATE.
PART XX
MISCELLANEOUS AND GENERAL
Immunity of Government, its officers and Examiners.
106. The Government, any officer of the Registry and any Examiner shall not —
(a) be taken to warrant the validity of any patent granted under this Act or any
treaty to which Singapore is a party;
(b) incur any liability by reason of or in connection with any examination or in-
vestigation required or authorised by this Act or any such treaty or any report
or other proceedings consequent on any such examination or investigation; or
(c) incur any liability by reason of an incorrect entry in the register of patent
agents maintained under Part XIX.
Correction of errors in patents and applications.
107. — (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.
Information about patent applications and patents, and inspection of documents.
108. — (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 orto any patent granted in pursuance of the application as may be specified in the
request, subject, however, to any prescribed restrictions.
(2) Subject to this section, until an application for a patent is so published, docu-
ments 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 Regis-
trar.IP/N/1/SGP/P/1
Page 70
(3) Subsection (2) shall not prevent —
(a) the Registrar from publishing or communicating to others any bibliographic
information about an unpublished application for a patent; or
(b) the Minister from inspecting or authorising the inspection of an application for
a patent or any connected documents 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 appli-
cation 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 ear-
lier 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 appli-
cation for a patent shall not constitute an infringement of any copyright subsisting
under the Copyright Act in any literary or artistic work.
Cap. 63.
Service by post.
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.
Extension of time.
110. — (1) The Minister may make rules to provide for extension of time for any
period of time specified for the doing of an act in relation to an application for patent
or in proceedings under this Act or the rules, not being proceedings in court.
(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.
Hours of business of Registry and excluded days.
111. — (1) Rules may specify the hour at which the Registry shall be taken to be
closed on any day for purposes of the transaction by the public of business under thisIP/N/1/SGP/P/1
Page 71
Act or of any class of such business, and may specify days as excluded days for any
such purposes.
(2) Any business done under this Act on any day after the hour so specified in re-
lation to business of that class, or on a day which is an excluded day in relation to
business of that class, shall be taken to have been done on the next following day not
being an excluded day; and where the time for doing anything under this Act expireson an excluded day, that time shall be extended to the next following day not being an
excluded day.
Government’s right to sell forfeited articles.
112. Nothing in this Act shall affect the right of the Government or any person de-
riving title, directly or indirectly from the Government to dispose of or use articlesforfeited under the laws relating to customs or excise.
Extent of invention.
113. — (1) For the purposes of this Act, an invention for a patent for which an ap-
plication has been made or for which a patent has been granted shall, unless the con-
text 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 conferredby 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 in-
vention is specified in any such claim, each invention may have a different priority
date under section 17.
Availability of samples of micro-organisms.
114. — (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 whichrequires 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 inven-
tion to be performed by a person skilled in the art.
(2) The rules may in particular require the applicant or patentee —
(a) to take such steps as may be prescribed for the purposes of making available
to the public samples of the micro-organism; and
(b) 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 pre-
scribed; and the rules may identify a description of persons by reference to whether
the Registrar has given his certificate as to any matter.IP/N/1/SGP/P/1
Page 72
(4) 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.
Rules.
115. — (1) The Minister may make such rules as he thinks expedient for regulating
the business of the Registry in relation to patents and applications for patents (in-
cluding international applications for patents) and for regulating all matters placed bythis Act under the direction or control of the Registrar.
(2) Without prejudice to the generality of subsection (1), the rules may make pro-
vision —
(a) prescribing the form and contents of applications for patents and other doc-
uments which may be filed at the Registry and requiring copies to be fur-nished of any such documents;
(b) regulating the procedure to be followed in connection with any proceeding or
other matter before the Registrar or the Registry and authorising the rec-
tification of irregularities of the procedure;
(c) 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;
(d) regulating the mode of giving evidence in any such proceeding and empow-
ering the Registrar to compel the attendance of witnesses and the discovery
of and production of documents;
(e) requiring the Registrar to publish any proposed amendments of patents and
any other prescribed matters including any prescribed steps in any such
proceeding;
(f) 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;
(g) prescribing time limits for doing anything required to be done in connection
with any such proceeding by this Act or the rules;
(h) giving effect to the right of an inventor of an invention to be mentioned in an
application for a patent for the invention;
(i) providing for the publication and sale of documents in the Registry and of
information about such documents;
(j) 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;IP/N/1/SGP/P/1
Page 73
(k) excluding or varying the operation of the provisions of this Act in relation to
international applications and applications for patents made under section
116;
(l) requiring and regulating the translation of documents in connection with any
application for a patent and the filing and authentication of any such trans-
lations; and
(m) prescribing the scale of costs for proceedings before the Registrar.
(3) Rules may make different provisions for different cases.
(4) 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 otherproceedings under this Act.
(5) Rules may require or authorise the Registrar to make arrangements for the pub-
lication of reports of cases relating to patents decided by him or by any court or body
whether in Singapore or elsewhere.
Transitional provisions.
116. — (1) Where an application has been made under section 3 of the Registration
of United Kingdom Patents Act before 23rd February 1995, the Registrar may issue acertificate of registration under section 5 of that Act after that date as if that Act had
not been repealed.
Cap. 271.
(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 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 thepatent 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 Actsubject to the following modifications:
(a) 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;IP/N/1/SGP/P/1
Page 74
(b) such other modifications as may be prescribed.
(4) A patent to which subsection (3) applies shall be treated for the purposes of sec-
tions 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 bedetermined in accordance with the provisions of the United Kingdom Patents Act
1949 or 1977, as the case may be.
(6) Where before 23rd February 1995 an application for a patent has been made
under the United Kingdom Patents Act 1977 or an application designating the United
Kingdom has been filed at the European Patent Office, and the application is pendingon that date, the applicant may, within 12 months from that date, make an application
for the grant of a patent under this Act and the application shall, subject to any
prescribed modifications, be accorded a filing date and a right of priority which have
been accorded to it in the United Kingdom.
(7) 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 arisingunder a specification, its continuance on or after that date shall not amount to the
infringement of that patent or those privileges or rights.
(8) On 23rd February 1995, the Register of Patents kept under section 13 of the re-
pealed Registration of United Kingdom Patents Act shall be taken to form part of the
register of patents kept under this Act.
Cap 271.
(9) Notwithstanding the repeal of the Patents (Compulsory Licensing) Act, sections
13 and 14 of that Act and the rules made thereunder in force immediately before 23rd
February 1995 shall continue to apply in relation to the making, importation or
obtaining by or on behalf of the Government of any patented medicine or drug under
section 13 of that Act before that date.
Cap. 221.
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