Singapore legislation
Section 105
Section 105
Persons entitled to act as patent agents, etc.
(1)
An individual must not carry on a business, practise or act as a patent agent unless the individual is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate.
(2)
A partnership must not carry on a business, practise or act as patent agents unless at least one partner is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate.
(3)
A body corporate must not carry on a business, practise or act as a patent agent unless at least one director is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate.
(4)
For the purposes of this section and section 105A, a person is taken to carry on a business, practise or act as a patent agent if, and only if, the person does, or undertakes to do, on behalf of someone else, any of the following in Singapore for gain:
applying for or obtaining patents at the Registry or any other place;
preparing specifications or other documents for the purposes of this Act or the patent law of another country;
giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents.
(5)
An individual must not —
carry on a business under any name or other description which contains the words “patent agent” or “patent attorney”; or
in the course of a business otherwise describe himself or herself, hold himself or herself out or permit himself or herself to be described or held out as a “patent agent” or “patent attorney”,unless the individual is a registered patent agent who has in force a practising certificate.
(6)
A partnership must not —
carry on a business under any name or other description which contains the words “patent agent” or “patent attorney”; or
in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a firm of “patent agents” or “patent attorneys”,unless at least one partner is a registered patent agent who has in force a practising certificate.
(7)
A body corporate must not —
carry on a business under any name or other description which contains the words “patent agent” or “patent attorney”; or
in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a “patent agent” or “patent attorney”,unless at least one director is a registered patent agent who has in force a practising certificate.
(8)
Any 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 12 months or to both.
(9)
Where subsection (5), (6) or (7) would be contravened by the use of the words “patent agent” or “patent attorney” in reference to an individual, a partnership or a body corporate, it is equally contravened by the use of any other expression in reference to that person, or that person’s business or place of business, which is likely to be understood as indicating that that person is entitled to be described as a “patent agent” or “patent attorney”.
(10)
Where an individual’s employer does not carry on a business, practise or act as a patent agent or as a foreign patent agent, the individual does not contravene subsection (1) in respect of anything done, or undertaken to be done, by the individual for his or her employer in his or her capacity as employee of his or her employer.
(10A)
Where —
an individual’s employer is a member of a related company group;
the individual’s employer does not carry on a business, practise or act as a patent agent or as a foreign patent agent; and
every other member of the related company group does not carry on a business, practise or act as a patent agent or as a foreign patent agent,the individual does not contravene subsection (1) in respect of anything done, or undertaken to be done, by the individual for that other member of the related company group in his or her capacity as employee of his or her employer.
(11)
A Legal Service Officer does not commit an offence against subsection (1) in respect of anything done, or undertaken to be done, by him or her on behalf of the Government.
(12)
A body corporate that is a member of a related company group does not contravene subsection (3) in respect of anything done, or undertaken to be done, by the body corporate for another member of the group.
(13)
This section is not to be construed as prohibiting an advocate and solicitor from taking part in proceedings relating to patents and applications for patents and, in particular, does not derogate from section 93 as it applies to advocates and solicitors.
(14)
No offence is committed under section 33 of the Legal Profession Act 1966 by any person by reason only of the preparation by the person of a document (other than a deed) for use in proceedings before the Registrar in relation to any patent or application for a patent.
(15)
In this section —
Definition
“director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body corporate;
Definition
“patent” includes any patent or other protection for an invention granted in any country or jurisdiction other than Singapore;
Definition
“practising certificate” means —
in relation to a registered patent agent, a practising certificate issued to him or her under rules made under section 104; or
in relation to an advocate and solicitor, a practising certificate issued to him or her under section 25 of the Legal Profession Act 1966; and
Definition
“related company group” means a group of 2 or more corporations within the meaning of the Companies Act 1967 which are related to each other in accordance with section 6 of that Act.