Singapore legislation
Section 8
Section 8
Procedure on application under section 3, 5 or 7
(1)
Every application under section 3, 5 or 7 shall specify the nature of the order sought by the applicant and shall contain a statement (to be verified in such manner as may be prescribed) setting out the nature of the applicant’s interest and the facts upon which the application is based.
(2)
Where the Registrar is satisfied, upon consideration of any such application, that a prima facie case has been made out for the making of an order, he shall direct the applicant to serve copies of the application upon the patentee and any other person appearing from the Register of Patents to be interested in the patent in respect of which the application is made, and shall advertise the application in the Gazette.
(3)
If the applicant and the patentee have agreed upon the terms and conditions of a licence to be granted under the patent, the Registrar may order the grant of a licence to the applicant on those terms and conditions.
(4)
In any case where the applicant and the patentee are in substantial agreement as to the terms and conditions for the grant of a licence under the patent but have not agreed as to the amount of royalty or compensation payable to the patentee, the Registrar may, if he thinks fit, order the grant of a licence to have effect pending any agreement between the parties or the decision of the Registrar on the royalty or compensation payable.
(5)
The patentee or any other person desiring to oppose the application may, within such time as may be prescribed or within such further time as the Registrar may on application (made either before or after the expiration of the prescribed time) allow, give to the Registrar notice of opposition.
(6)
Any such notice of opposition shall contain a statement (to be verified in such manner as may be prescribed) setting out the grounds on which the application is opposed.
(7)
Where any such notice of opposition is duly given, the Registrar shall notify the applicant, and shall, subject to the provisions of section 9, give to the applicant and the opponent an opportunity to be heard before deciding the case.