Singapore legislation

Section 14

of Patents Act 1994

Section 14

Novelty

Amended by18/201718/201718/201718/201718/2017

(1)

An invention is 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 is taken to comprise all matter (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 in any 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 is 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 is to 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 inventor because the other person or the inventor believed that the other person was entitled to obtain it; or

(ii)

from any other person (A) to whom the matter was made available in confidence by any person mentioned in sub‑paragraph (i) or in this sub‑paragraph or who obtained it from any person so mentioned because A or the person from whom A obtained it believed that A 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;

(d)

the disclosure was due to, or made in consequence of, the inventor describing the invention in a paper read by the inventor or another person with the inventor’s consent or on the inventor’s behalf before any learned society or published with the inventor’s consent in the transactions of any learned society; or

(e)

subject to subsections (6) and (7), the disclosure was made to the public by the inventor, or by a person who obtained the matter directly or indirectly from the inventor, in any circumstances not described in paragraphs (a) to (d).

Amended by18/2017

(5)

In subsection (4)(d), “learned society” includes any club or association constituted in Singapore or elsewhere whose main object is the promotion of any branch of learning or science.

(6)

Subsection (4)(e) applies to the disclosure of matter constituting an invention due to, or in consequence of, the publication by an intellectual property administrator (being a person who obtained the matter directly or indirectly from the inventor) of an application for an intellectual property right (being an application containing the matter, but not being the application for a patent mentioned in subsection (4)), or a registration of an intellectual property right pursuant to such an application, only if —

(a)

the application was filed, without the consent of the inventor, by a person who obtained the matter directly or indirectly from the inventor; or

(b)

the publication was erroneous by reason that —

(i)

the application had been withdrawn, refused or abandoned before the date of the publication; and

(ii)

consequently, the publication was not required under the law (whether of Singapore or elsewhere) or treaty governing the application.

Amended by18/2017

(7)

For the purposes of subsection (4)(e), where —

(a)

the disclosure of matter constituting an invention is due to, or in consequence of, the publication by an intellectual property administrator (being a person who obtained the matter directly or indirectly from the inventor) of an application for an intellectual property right (being an application containing the matter, but not being the application for a patent mentioned in subsection (4)), or a registration of an intellectual property right pursuant to such an application; and

(b)

the publication was erroneous by reason that the publication occurred earlier than provided under the law (whether of Singapore or elsewhere) or treaty governing the application,the matter is to be treated as disclosed to the public on the date when the publication should have occurred under that law or treaty.

Amended by18/2017

(8)

If the applicant relies on any circumstances described in any paragraph of subsection (4) when —

(a)

complying with section 29(1)(b) or (c), (3) or (9); or

(b)

making a request under section 29B(1) for a review of an examination report issued under section 29(4) or a search and examination report issued under section 29(5),the applicant must file written evidence complying with the prescribed requirements in support of the applicant’s reliance on those circumstances.

Amended by18/2017

(9)

In this section, references to the inventor include references to any proprietor of the invention for the time being.

(10)

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 diagnosis practised on the human or animal body, the fact that the substance or composition forms part of the state of the art does 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.

(11)

In this section —

Amended by18/2017

Definition

“foreign intellectual property office” means —

(a)

any national or regional office outside Singapore that performs functions similar to those that are performed by —

(i)

the Registry;

(ii)

the Registry of Plant Varieties established under section 7 of the Plant Varieties Protection Act 2004;

(iii)

the Registry of Designs established under section 51 of the Registered Designs Act 2000; or

(iv)

the Registry of Trade Marks established under section 64 of the Trade Marks Act 1998;

(b)

the International Bureau; or

(c)

the International Bureau as defined in section 2(1) of the Registered Designs Act 2000 or section 2(1) of the Trade Marks Act 1998;

Definition

“intellectual property administrator” means —

(a)

the Registrar; (b)the Registrar of Designs; (c)the Registrar of Plant Varieties; (d)the Registrar of Trade Marks; or (e)a foreign intellectual property office;

Definition

“Registrar of Designs” means the Registrar of Designs appointed under section 49 of the Registered Designs Act 2000, and includes a Deputy Registrar of Designs and an Assistant Registrar of Designs appointed under that section;

Definition

“Registrar of Plant Varieties” means the Registrar of Plant Varieties appointed under section 5 of the Plant Varieties Protection Act 2004, and includes a Deputy Registrar of Plant Varieties and an Assistant Registrar of Plant Varieties appointed under that section;

Definition

“Registrar of Trade Marks” means the Registrar of Trade Marks appointed under section 62 of the Trade Marks Act 1998, and includes a Deputy Registrar of Trade Marks and an Assistant Registrar of Trade Marks appointed under that section.

Amended by18/2017
Section 14 — Patents Act 1994 | laws.sg